§ 432B.5902 — Service of motion and notice of hearing; response to motion

Nevada § 432B.5902

• Jurisdiction: Nevada
• Title 38: PUBLIC WELFARE
• Ch. 432B: Protection

Text

1. After a motion for the termination of parental rights is filed pursuant to NRS 432B.5901 , unless a party to be served voluntarily appears and consents to the hearing, and except as otherwise provided in subsection 3, a copy of the motion and notice of the hearing must be served, either together or separately, upon all parties to the proceeding by personal service or, if the whereabouts of the person are unknown, obtaining an order from the court that service may be made by publication in accordance with the procedure set forth in subsections 1, 4 and 5 of NRS 128.070 and subsection 2.
2. If a court orders that service be made by publication pursuant to subsection 1 and the person to be served by publication has a last known address, personal service must also be attempted before service of the notice is deemed to be complete. The court order must direct the publication to be made in a newspaper designated by the court at least once every week for a period of 4 weeks. If personal service is also attempted, service of the notice shall be deemed to be complete at the expiration of such a period. The provisions of this subsection and subsection 1 must not be construed to preclude personal service and service by publication from being attempted simultaneously.
3. Service shall be deemed to be complete if a party to be served appears in court for a hearing held pursuant to this chapter and the court provides the party with a copy of the motion, notifies the party of the date of the hearing on the motion and records such service.
4. Except as otherwise provided in subsection 5, a copy of the motion and notice of the hearing on the motion must be sent by certified mail to:
(a) The attorneys and any guardians ad litem for the child and the parent of the child who is the subject of the motion;
(b) If the child who is subject to the motion is known to be an Indian child, the child’s Indian tribe; and
(c) Any known relative of the child who is the subject of the motion within the fifth degree of consanguinity who is residing in this State.
5. If an attorney has consented to electronic service, a copy of the motion and notice of the hearing on the motion may be sent to the attorney electronically instead of by certified mail.
6. The court shall ensure that any prospective adoptive parent of the child who is the subject of the motion is provided with a copy of the notice of the hearing on the motion. Except as otherwise provided in NRS 432B.5904 or another provision of law, the name and address of the prospective adoptive parent must be kept confidential.
7. Any party to the proceeding may file a written response to the motion.

Legislative History

(Added to NRS by 2017, 4068 ; A 2023, 2260 )