High court overturns parental rights case

Monday, Oct. 21, 2002 | 9:46 a.m.

CARSON CITY -- Throwing a person into prison should not automatically lead to the termination of his or her parental rights, the Nevada Supreme Court has ruled.

The high court said a District Court, when determining whether to sever parental rights, should consider the fact that the person is in prison, but t added, "Incarceration alone is insufficient to satisfy the statutory requirement of parental fault as it relates to failure of parental adjustment."

The court Friday overturned the decision of Clark County Family Court Judge Gerald Hardcastle, who ordered termination of the parental rights of a woman identified as "Diana L.N." to her daughter while the mother was in a Wisconsin prison serving time for probation violation.

It said the District Court record does not include substantial evidence that the termination was in the child's best interest.

The mother had been placed on probation in 1992 in Wisconsin for issuing worthless checks and forgery. She traveled to Las Vegas in late 1998 without getting permission from her probation officer. Her disgruntled boyfriend turned her in to authorities.

The woman was in prison for more than 14 months. She also failed to complete a plan for child re-unification within the required six months. But she could not complete the plan until she had been released from prison, the court records show.

The high court disagreed with Hardcastle's finding that the woman's failure to complete the case plan constituted a failure to adjust, warranting termination of her parental rights.

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