IN RE: M.J. (CHILD CUSTODY)

Statutes cited

Key holdings

Practitioner summary

The court dismissed the appeal sua sponte for lack of appellate jurisdiction. The challenged order established temporary custody of a minor under NRS Chapter 432B and set the matter for further proceedings. Relying on 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. Because the order was non-final, the Supreme Court held it lacked jurisdiction and dismissed without reaching the merits. In a footnote, the court declined to act on the respondent's motion to dismiss for failure to comply with filing deadlines, citing NRCP 14(c), and directed the clerk to file the docketing statement received on June 5, 2024.

In plain language

A father, identified in court papers as Clifford Allyn J., tried to appeal a Clark County district court order that placed his child, M.J., into protective custody. Protective custody in this context is governed by a Nevada statutory scheme - NRS Chapter 432B - that addresses the protection of children from abuse or neglect. The Nevada Supreme Court did not reach the merits of the father's challenge. Instead, the court explained that the order he was trying to appeal was only a temporary one: it set up custody for the time being and scheduled further proceedings in the district court. Under Nevada law, an appellate court can generally only review final orders, and temporary custody orders entered under NRS Chapter 432B are not considered final. Because the order was not final, the Supreme Court concluded it had no power - no jurisdiction - to hear the appeal, and it dismissed the case. The court also noted that, given the dismissal, it would not act on a motion the State had filed to dismiss the appeal for missed filing deadlines, and it directed the clerk to file the docketing statement that had been received on June 5, 2024.