In the Matter of the Parental Rights as to A.D.L.

The Clark County Department of Human Services (department) received a call stating that the face of the child of Keaundra D. (defendant) had been burned. Keaundra informed a department investigator that she was home with her children, A.D.L. and C.L.B. Jr. (C.L.B.) when she heard the iron she had recently used fall. According to Keaundra, A.D.L. informed her that C.L.B. had tried to “kiss the iron.” Both children were removed from Keaundra’s care, and C.L.B. visited a doctor, who concluded that his injury was healing well and he showed no signs of abuse. The department moved for protective custody of both children. Keaundra denied that she abused the children, and the children were placed with their maternal grandmother. At the adjudicatory hearing, a medical examiner opined, based on photographs of C.L.B., that the injury was not consistent with an accident and it appeared as though the iron had been purposefully held to his face. Keaundra attempted to offer a report of another physician, Dr. Neuman, to rebut that testimony, but the hearing master excluded that report. The hearing master concluded that Keaundra had physically abused and medically neglected C.L.B. and recommended that A.D.L. and C.L.B. remain in the department’s custody. The juvenile court affirmed, concluding C.L.B.’s injury was not accidental. Keaundra was put on a case plan that required her to maintain stable housing and income, keep in touch with the department, attend parenting classes and a physical-abuse assessment, and articulate how the abuse occurred and how she would ensure that it did not occur again. One month later, the department moved to terminate Keaundra’s parental rights. According to the department, Keaundra had completed her case plan, but it was recommending termination of her parental rights because she had not yet admitted that she abused C.L.B. by holding the iron to his face. The department admitted that if Keaundra had admitted doing so, it would not have sought termination. The trial court terminated Keaundra’s parental rights to A.D.L. and C.L.B. Keaundra appealed, and the Nevada Supreme Court remanded for a new trial that would include the admission of Dr. Neuman’s report. The trial court again terminated Keaundra’s parental rights. Keaundra appealed.