Parental Rights in Nevada

Nevada State Law and Parental Rights

Protected

We did it! Thanks in part to your support, Nevada law now explicitly protects parental rights.

In 2013, the Nevada legislature passed  SB314, a statute to protect fundamental parental rights at the state level. The bill was sponsored by Sen. Mo Denis. It passed the Senate unanimously on April 22 and the House by a 27-14 vote (1 excused) on May 24. It was signed into law by the Governor June 5.

Section one of the bill reads as follows:

The liberty interest of a parent in the care, custody and management of the parent’s child is a fundamental right.

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Nevada Courts and Parental Rights

"Strict Scrutiny" Applied to Parental Rights

Existing court precedent in Nevada already affirms parental rights.

  • In Rico v. Rodriguez, 121 Nev. 695, 704, 120 P.3d 812, 818 (2005) (citing Troxel v. Granville, 530 U.S. 57, 65 (2000) (plurality opinion), the Nevada Supreme Court affirmed that parents have a "fundamental interest' . . . in the care, custody, and control of their children."
  • In addition, in In re J.L.N., 118 Nev. 621, 625, 55 P.3d 955, 958 (2002), the Nevada Supreme Court held that "[s]tatutes that infringe upon [the fundamental right of parents to care for and control their children] are . . . subject to strict scrutiny and must be narrowly tailored to serve a compelling interest." Therefore, in order to "terminate a parent's rights, a petitioner must prove, by clear and convincing evidence, that termination is in the child's best interests and that there is parental fault." Id. (quoting In re N.J., 116 Nev. 790, 801, 8 P.3d 126, 133 (2000)).