Court Hearings for the Permanent Placement of Children - Nevada

Date: February 2020

Schedule of Hearings

Citation: Rev. Stat. §§ 432B.580; 432B.590

Placement of the child in foster care must be reviewed at least semiannually.

A permanency hearing must be held as follows:

  • No later than 12 months after initial removal of the child from the home and at least annually thereafter
  • Within 30 days of a finding that reasonable efforts to reunify are not required

Persons Entitled to Attend Hearings

Citation: Rev. Stat. §§ 432B.580; 432B.590

Notice of a hearing shall be provided to the following:

  • All the parties to any of the prior proceedings
  • Any person planning to adopt the child
  • A sibling of the child, if known, who has been granted a right of visitation with the child
  • Any other relatives of the child or providers of foster care who are currently providing care to the child
  • The child, if his or her presence is requested by the court
  • The educational decision maker appointed for the child pursuant to § 432B.462

The provision of notice and a right to be heard to this section does not make any person planning to adopt the child, any sibling of the child, any other relative, any adoptive parent of a sibling of the child, or a provider of foster care a party to the hearing.

Determinations Made at Hearings

Citation: Rev. Stat. §§ 432B.580; 432B.590

The review hearing shall address the following:

  • The continuing necessity for and appropriateness of the placement
  • The extent of compliance with the case plan
  • Any progress being made toward alleviating the problem that resulted in the placement of the child
  • The date the child may be returned home or placed for adoption or a legal guardianship
  • Whether the child is making adequate academic progress and receiving the educational services or supports necessary to ensure the academic success of the child

At the permanency hearing, the court shall review any plan for the permanent placement of the child and, if the goal of the plan is a permanent living arrangement other than reunification with his or her parents, placement for adoption, placement with a legal guardian, or placement with a relative, ask the child about his or her desired permanent living arrangement. After doing so, the court must determine the following:

  • Whether the agency with legal custody of the child has made the reasonable efforts required by § 432B.553(1)
  • Whether, and if applicable, when:
    • The child should be returned to the parents of the child or placed with other relatives.
    • It is in the best interests of the child to initiate proceedings to establish another permanent placement.
  • Whether the agency with legal custody of the child has produced documentation of its conclusion that there is a compelling reason for the placement of a child who has reached age 16 in another permanent living arrangement
  • If the child will not be returned to his or her parents, whether the agency with legal custody of the child fully considered placement options both within and outside of this State
  • If the child has reached age 14, whether the child will receive the services needed to assist the child in transitioning to independent living
  • If the child has been placed outside of the State, whether that placement continues to be appropriate for and in the best interests of the child

Permanency Options

Citation: Rev. Stat. § 432B.590

Permanency options include the following:

  • Return to the parent
  • Placement with other relatives
  • Adoption
  • Guardianship
  • For a child who is age 16 or older, another permanent living arrangement when there is documentation of compelling reasons why a more permanent option is not in the child's best interests