Nevada Supreme Court, 2015

Clark Co. Dep't of Family Services v. Dist. Ct. (Marites C.)

Clark Co. Dep't of Family Services v. Dist. Ct. (Marites C.)
Nevada Supreme Court · Decided September 28, 2015

Clark Co. Dep't of Family Services v. Dist. Ct. (Marites C.)

Opinion

considering the fragile medical condition of [I.G.C.] in that he is unable to communicate, is legally blind and deaf, and suffers from cerebral palsy, it is hard to imagine that [Travis C.] would further injure his son." Thus, the court found that "the best interest of [I.G.C.] will be promoted by allowing [Travis C.] to return to the home to assist [Marites C.] in caring for him, with a Safety Plan in effect that will require [Marites C.], or another responsible adult like the maternal great aunt, to supervise [Travis C.]'s contact with [I.G.C.] at all times." The court further scheduled this matter for a status check in three months so that petitioner Clark County Department of Family Services can monitor the situation and perform random checks. It is not our place to substitute our judgment for that of the juvenile court as to factual findings, and in light of the juvenile court's findings, we cannot conclude that the juvenile court's order rose to the level of an arbitrary or capricious exercise of discretion. Int?

Game Tech. Inc. v. Second Judicial Dist. Court, 124 Nev. 193, 197, 179 P.3d 556, 558 (2008); Pan, 120 Nev. at 228, 88 P.3d at 844. We also conclude that the juvenile court did not exceed its jurisdiction by entering the order. NRS 34.320. Accordingly, we ORDER the petition DENIED.i

Parraguirre

Lki , J. , J.

Douglas Cherry

'In light of this order, we vacate our July 10, 2015, temporary stay.

SUPREME COURT OF NEVADA 2 (0) 19474 .4t44 cc: Hon. Frank P Sullivan, District Judge, Family Court Division Clark County District Attorney/Juvenile Division Aaron Grigsby Special Public Defender Eighth District Court Clerk

SUPREME COURT OF NEVADA 3 (0) 1947A )4(tto

Case-law data current through December 31, 2025. Source: CourtListener bulk data.