Diana L. N. v. State, Department of Human Resources, Division of Child & Family Services

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that the separation between parent and child due to a parent's time spent in prison and the obstacles the remaining prison sentence posed to reunification were insufficient grounds to establish parental fault
• providing that a court must consider a parent's incarceration in determining whether to terminate the parent's parental rights, but that the court cannot rely on incarceration alone as a sufficient reason to do so
• stating that parents have a \fundamental right to care for and control their children\ in the context of a petition to terminate parental rights and that a statute's infringement upon such a right is subject to strict scrutiny
• examining NRS 128.109(2), in conjunction with NRS 432B.553(2), which provides for a plan of permanent placement when a child remains outside the home for fourteen consecutive months
• reversing the termination of an incarcerated mother's parental rights, and noting that the mother's convictions did not involve conduct related to the abuse or neglect of her children
• discussing the goal of finding a permanent placement rather than having the child remain in foster care indefinitely

Source: CourtListener parenthetical corpus (CC0).