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STATE OF NEVADA v. DIST. CT. (DUCHARM)

No. 38543.

55 P.3d 420 (2002)

The STATE of Nevada; Edward Paige, Nancy Gammie, and Arnold Sierra, Individually and as Agents and Employees of the State of Nevada; Collette Lancaster and Scott Lancaster, Individually and as Licensed Foster Parents of Azeria Ducharm; Monty Loper and Shala Loper, Individually and as Parents of a Teenage Daughter, Jaime Beesley, Jointly and Severally; John Brown and Jane Brown, Individuals, Petitioners, v. The SECOND JUDICIAL DISTRICT COURT of the State of Nevada, In and For the COUNTY OF WASHOE, and the Honorable Steven R. Kosach, District Judge, Respondents, and Azeria Ducharm, a Minor Child Now Deceased; Estate of Azeria Ducharm; and Monique Ducharm, Individually and as the Natural Mother, Heir and the Legal Representative of the Estate of Azeria Ducharm, Real Parties in Interest.

Supreme Court of Nevada.

Rehearing Denied January 30, 2003.

Attorney(s) appearing for the Case

Frankie Sue Del Papa, Attorney General, and Charles Hilsabeck, Deputy Attorney General, Carson City, for Petitioners State of Nevada, Edward Paige, Nancy Gammie, and Arnold Sierra.

Laxalt & Nomura, Ltd., and Daniel T. Hayward, Reno, for Petitioners Collette and Scott Lancaster.

Rands, South & Gardner, Reno, for Petitioners Monty and Shala Loper.

Law Offices of Sharon McDonald, Reno, for Real Parties in Interest.

BEFORE SHEARING, ROSE and BECKER, JJ.

OPINION

PER CURIAM.

On January 21, 1999, fourteen-month-old Azeria Ducharm was removed from the care of her biological parents and made a ward of the State by the Division of Child and Family Services based on allegations of neglect. Since she had several serious and permanent medical conditions that necessitated further evaluation, Azeria was placed in licensed therapeutic foster care. On April 3, 1999, during...

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