In re Parental Rights as to A.L.
Annotate this CaseThe Clark County Department of Family Services (DFS) filed a petition for protective custody of C.B. and A.L., two minor children, alleging that Mother had either physically abused or negligently supervised C.B., whose face had been burned. The hearing master recommended sustaining the abuse and neglect petition on the ground that Mother had physically abused C.B. The juvenile court affirmed the hearing master’s recommendation, concluding that the injury was not accidental. After a trial, the district court terminated Mother’s parental rights as to the two children. The court relied on the hearing master’s findings, as affirmed by the juvenile court, that Mother was at fault for C.B.’s injuries and that the injuries were nonaccidental. The Supreme Court reversed, holding (1) DFS conceded error on the issue of the district court’s reliance on the juvenile court’s determination that C.B.’s injury was caused by Mother; and (2) since the finding of intentional abuse was based on a concededly improper failure to admit evidence rebutting a statutory presumption, a new trial was required to determine Mother’s parental rights.
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