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  1. #1
    Join Date
    Oct 2008
    Location
    Las Vegas
    Posts
    2

    Default Child Abandonment and Neglect in Nevada

    My question involves child abuse or neglect in the State of: NV

    My husband and I have a minor, age 15 (16 come early December) living with us that is not a blood or marriage relation. Her mother and she had moved from CA to NV to start over in June and by July her mother had a new boyfriend. By August, her mother has spent every night with her boyfriend citing negativity as reasons for not coming home. Her mother just secured part-time employment (she's been out of work since June also) and cannot afford insurance for her daugther, nor will the company she now works for pay even a portion of insurance. She did not opt for COBRA with her former employer. Nowhere in this scenario of spending time with her boyfriend in the fifth-wheel type trailer that he stays in did she ask us to care for her daughter, nor provide any financial or legal aid if her daugther falls ill. We are feeding her daughter, providing a roof over her daughter's head and praying that her daugther does not fall ill or have a serious injury as we know that her mother will not return a phone call in a timely manner which could mean life or death. The minor's parents (both of them) have had numerous calls to CPS on them and currently we are providing her with the first "safe haven" that she's had a long time. We even attempted to have a conversation about obtaining guardianship for purposes of providing health insurance for her daughter (as we cannot put her on either insurance plan or get her military benefits without her being a court-appointed ward) only to have her mother decline the offer citing that everyone (including the court system) will consider her a "bad parent".

    I am afraid to call CPS or other child welfare agency regarding what is fast approaching the legal definition of abandonment and neglect because having the minor taken from the home will be devastating to her. She's a good student who views my husband and myself as Uncle and Aunt. She's been sexually abused by a "family friend" when she was in her father's house. Her father and step-mother have histories of drug and alcohol use, possibly abuse. Her current situation is the best she's had in several years and she is flourishing within it except for some illnesses whose symptoms are accentuated by stress. An example is that she has asthma and has not been to a doctor in well over 1 year. It is getting worse with the situation of not being able to go to a doctor.

    I'm looking for legal guidance as to the best course of action for the child. Is there a different way to gain guardianship without parental consent? Should we find a way to wait it out long enough for emancipation? Is there something else we can do now to ensure that when CPS is called, the minor's wishes to stay with us will be honored? Are there any other agencies we should ask questions of in order to give this minor the care she needs?

    Thank you.

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Child Abandonment and Neglect in Nevada

    You should be able to seek guardianship. To be clear, are you (and the minor) in Nevada or in California?

  3. #3
    Join Date
    Oct 2008
    Location
    Las Vegas
    Posts
    2

    Default Re: Child Abandonment and Neglect in Nevada

    Until yesterday, the minor and ourselves were in Nevada. However, her father came from California and exerted his parental rights (until her CPS caseworker in CA gets involved) and has taken her back to California. At this point in time, I fear we cannot do what is best for the child until it is deemed so by the California legal system.

  4. #4
    Join Date
    Oct 2008
    Location
    WA
    Posts
    79

    Default Re: Child Abandonment and Neglect in Nevada

    Quote Quoting aaron
    View Post
    You should be able to seek guardianship.
    If the parents aren't going to consent, there is little chance that you would succeed in petitioning for guardianship. The only realistic option would be for the children to be taken into custody by the state and then to be found dependent. Later, the state would have to endorse guardianship as the primary plan and the court would have to sign an order to that effect. You could then attempt to file a guardianship petition, but if the state, guardian ad litem, or either parent objects, there would have to be a contested guardianship hearing. More than likely, the court would not even consider guardianship if the parents contest it until after the parents are given a reasonable time to address their parental deficiencies (at least a year or more after dependency is established).

    Your best bet is to cooperate with the state child welfare agency and present yourselves as a suitable placement for the children if the state decides to petition for dependency. However, the state usually prefers to place children with willing relatives who pass background checks.

    Also, despite your intentions, one could argue that by not bringing this situation to the attention of CPS earlier, you were not acting in the best interests of the children (particularly given the health issues). This could have a negative impact on your ability to gain guardianship in the future.

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