GRAY VS. STATE OF NEVADA (CHILD CUSTODY)

Statutes cited

Key holdings

Practitioner summary

The court conducted a sua sponte jurisdictional review of the notices of appeal. Appellate jurisdiction in Nevada requires a final, appealable order or an order made appealable by statute or rule. The challenged orders established temporary custody of the minor children under NRS Chapter 432B and set the matter for further proceedings. Citing In re Temporary Custody of Five Minor Children, 105 Nev. 441, 443, 777 P.2d 901, 902 (1989), the court reiterated that temporary orders in NRS Chapter 432B actions are not final and therefore are not appealable. Lacking jurisdiction, the court dismissed the appeal. The court declined to act on the appellant's motion to proceed in forma pauperis and motion for a stay in light of the dismissal.

In plain language

Amy Gray tried to appeal district court orders that placed her minor children in protective custody under a Nevada statute (NRS Chapter 432B) that governs child welfare proceedings. Before reaching any of her arguments, the Nevada Supreme Court examined whether it had the power - the "jurisdiction" - to hear the appeal at all. The court concluded it did not. The orders Gray challenged were temporary: they set custody on an interim basis and scheduled the case for further proceedings in the lower court. Under prior Nevada Supreme Court precedent, temporary orders in NRS Chapter 432B cases are not considered final decisions, and only final decisions can be appealed at this stage. Because the orders were not appealable, the court dismissed the appeal without addressing the merits. The court also noted that, given the dismissal, it would not act on Gray's pending motion to proceed in forma pauperis (without paying filing fees) or her motion for a stay.