Kira S.F. v. Clark Cnty. Dep't of Family Servs. (In re R.F.F.)

• Decision Date: 16 December 2016
• Docket Number: No. 69778,69778
• Parties: In the Matter of the Parental Rights as to R.F.F.; M.S.F., and R.A.F., Minors, Kira S.F., Appellant, v. Clark County Department of Family Services, Respondent.
• Court: Nevada Supreme Court

386 P.3d 988 (Table)

In the Matter of the Parental Rights as to R.F.F.; M.S.F., and R.A.F., Minors,

Kira S.F., Appellant,
v.
Clark County Department of Family Services, Respondent.

No. 69778

Supreme Court of Nevada.

FILED DECEMBER 16, 2016

Law Office of Kristina Wildeveld

Clark County District Attorney/Juvenile Division

Wolf, Rifkin, Shapiro, Schulman & Rabkin, LLP

ORDER OF AFFIRMANCE

This is an appeal from a district court order terminating appellant's parental rights as to her three minor children. Eighth Judicial District Court, Family Court Division, Clark County; Robert Teuton, Judge.

To terminate parental rights, the district court must find clear and convincing evidence that (1) at least one ground of parental fault exists, and (2) termination is in the child's best interest. NRS 128.105 ; In re Termination of Parental Rights as to N.J. , 116 Nev. 790. 800–01, 8 P.3d 126, 132–33 (2000). Evidence of parental fault may include neglect, parental unfitness, failure of parental adjustment, demonstration of only token efforts, or a risk of serious physical or emotional injury to the child if the child is returned to the parent. NRS 128.105(2) (1995) (amended 2015); In re Parental Rights as to D.R.H. , 120 Nev. 422, 428–33, 92 P.3d 1230, 1234–37 (2004). On appeal, this court reviews questions of law de novo and the district court's factual findings for substantial evidence. In re Parental Rights as to A.L. , 130 Nev., Adv. Op. 91, 337 P.3d 758, 761 (2014).

Appellant challenges the district court's parental fault findings that she was an unfit parent and that the children were at risk of serious injury if returned to her care. Appellant contends that she completed the parenting classes, made progress in therapeutic visitation, and had bonded with the children, and that evidence of domestic violence was speculative. The district court found, however, that appellant admitted to the presence of domestic violence in her relationship with the children's father and that her attempts to deny or minimize it were not credible and she failed to engage in counseling to address it. See In re Parental Rights as to N.J. , 125 Nev. 835, 845, 221 P.3d 1255, 1262 (2009) (providing that evidence of parental unfitness may include...