Nevada Supreme Court

Cardenas-Garcia v. Dist. Ct. (dept. of Family Serv.)

August 22, 2024140 Nev. Adv. Op. No. 52

Summary

The court denied mandamus relief and held that the statutory presumption against reunification applies to a parent who was previously convicted of felony child abuse, neglect, or endangerment even after the conviction is later vacated. It relied on the ordinary meaning of "ever," which encompasses any prior conviction, and concluded that the statute requires courts to consider the earlier judgment. The court also emphasized that the parent may continue presenting evidence to rebut the presumption when circumstances significantly change.