Clark Cnty. Dep't. of Family Serv.'s v. Dist Ct. (D.) ( 2016 )

IN THE SUPREME COURT OF THE STATE OF NEVADA
CLARK COUNTY DEPARTMENT OF No. 68921
FAMILY SERVICES,
Petitioner,
vs.
THE EIGHTH JUDICIAL DISTRICT
COURT OF THE STATE OF NEVADA,
FILED
IN AND FOR THE COUNTY OF JUN 2 4 2016
CLARK; AND THE HONORABLE
TRACE K. LINDEMAN
GERALD W. HARDCASTLE, CLERK OF SUPREME COURT
Respondents, DY
DEPUTY CLER
and
JENAE D.,
Real Party in Interest.
ORDER DENYING PETITION
This is an original petition for a writ of mandamus or
prohibition from a nunc pro tunc out-of-home placement order directing
Clark County Department of Family Services to pay housing costs on
behalf of a parent whose children are in the custody of the Department of
Family Services. Eighth Judicial District Court, Clark County; Gerald W.
Hardcastle, Senior Judge.
Real party in interest Jenae D. is the mother of the subject
minor children. On February 1, 2015, Jenae was arrested on child neglect
charges, and the minor children were placed into protective custody and
taken to Child Haven. After the children were taken into protective
custody, the district court conducted a protective custody hearing and
made factual findings of inadequate supervision and cause to remove the
minor children from their home with Jenae. Concurrently, the Clark
County district attorney's criminal division filed a criminal complaint
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against Jenae, alleging attempted child abuse, neglect, or endangerment—
a Class C felony.
On March 17, 2015, Jenae pleaded guilty to felony criminal
charges and received four years of formal probation in exchange for her
plea. As a result of the plea and conviction, Jenae lost her Section 8
housing.
At the disposition hearing, the district court expressed concern
that the criminal and child welfare divisions of the district attorney's office
had not communicated or consulted with each other regarding Jenae's
criminal prosecution. This lack of communication resulted in Jenae losing
the benefit of Section 8 housing. Without Section 8 housing, she could not
meet the standard case plan condition to provide "[s]table [Mousing" and
her ability to reunify with her children was adversely affected. Therefore,
the district court found that the lack of communication imposed a burden
on Jenae and that the entity responsible for Jenae's inability to obtain
housing should be responsible for paying for her housing.
The Clark County Department of Family Services (DFS) now
petitions this court.
DFS has an adequate remedy that it failed to pursue
When considering a writ petition, this court reviews legal
questions de novo and "gives deference to the district court's findings of
fact." Williams v. Eighth Judicial Dist. Court, 127 Nev. 518, 525, 262 P.3d
360, 365 (2011). This court has original jurisdiction to grant extraordinary
writ relief. Mountain View Hosp., Inc. v. Eighth Judicial Dist. Court, 128
Nev. 180, 184, 273 P.3d 861, 864 (2012). "[B]oth writs of prohibition and
writs of mandamus are extraordinary remedies." Cote H. v. Eighth
Judicial Dist, Court, 124 Nev. 36, 39, 175 P.3d 906, 908 (2008). Writ relief
is generally available only "where there is not a plain, speedy and
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adequate remedy in the ordinary course of law." NRS 34.170; NRS 34.330;
see also Halverson v. Miller, 124 Nev. 484, 487, 186 P.3d 893, 896 (2008).
Here, DFS failed to file a motion to revoke or modify the
district court order pursuant to NRS 432B.570(1). When a motion to
modify or revoke an order is made, "Mlle [district] court shall hold a
hearing on the motion and may dismiss the motion or revoke or modify
any order as it determines is in the best interest of the child." NRS
432B.570(2). This court has stated that a motion pursuant to NRS
432B.570(1) is an adequate remedy at law. Manuela H. v. Eighth Judicial
Dist. Court, 132 Nev., Adv. Op. 1, 365 P.3d 497, 500 (2016). Thus, we hold
that DFS had an adequate remedy at law that it failed to pursue.
Therefore, we
ORDER the petition DENIED.
, C:J.
Parraguirre
Saitta
J.
Gibbons
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cc: Chief Judge, The Eighth Judicial District Court
Hon. Gerald W. Hardcastle, Senior Judge
Attorney General/Carson City
Clark County District Attorney/Juvenile Division
Valarie I. Fujii & Associates
Eighth District Court Clerk
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