Opinion
No. 61336.
10-18-2012
In the Matter of I.M.W.-Y., a minor. Roseanne J., Appellant, v. State of Nevada Department of Family Services, Respondent.
Roseanne J. Clark County District Attorney/Juvenile Division
Roseanne J.
Clark County District Attorney/Juvenile Division
ORDER DISMISSING APPEAL
This is a proper person appeal from a district court order concerning reunification and placement of the minor child in a juvenile matter. Eighth Judicial District Court, Family Court Division, Clark County; Steven E. Jones, Judge.
Our review of this appeal reveals a jurisdictional defect. The July 6, 2012, order from which appellant appeals directs that the minor child remain a ward of the family court, accepts a permanency plan with the goal of adoption, and directs that the child be placed in the home of his paternal grandmother while reasonable reunification efforts with appellant continue. The order is not substantively appealable under NRAP 3A(b)(7), as the order arises in a juvenile proceeding. See Matter of Guardianship of N.S., 122 Nev. 305, 311, 130 P.3d 657, 661 (2006) (recognizing that a writ of mandamus is the appropriate remedy when challenging an order concerning child custody in a juvenile proceeding). This court has jurisdiction to consider an appeal only when the appeal is authorized by statute or court rule. See Taylor Constr. Co. v. Hilton Hotels, 100 Nev. 207, 209, 678 P.2d 1152, 1153 (1984). Accordingly, as we lack jurisdiction, we dismiss this appeal.
Appellant has filed a proper person motion in this court for a stay of the district court proceedings. In the motion, she indicates that there is a hearing in the district court scheduled for October 17, 2012, to consider the termination of her parental rights as to the child. In light of our conclusion that we lack jurisdiction over this appeal, we deny appellant's motion as moot. We note, however, that if the district court enters a final order that terminates appellant's parental rights, she may file a timely appeal, if aggrieved. See NRAP 3A(b)(1).
It is so ORDERED.