If a child is not in the physical custody of the parent or parents, the court, in determining whether parental rights should be terminated, shall consider, without limitation:

1. 1. The services provided or offered to the parent or parents to facilitate a reunion with the child.
2. 2. The physical, mental or emotional condition and needs of the child and the child’s desires regarding the termination, if the court determines the child is of sufficient capacity to express his or her desires.

3. 3. The effort the parent or parents have made to adjust their circumstances, conduct or conditions to make it in the child’s best interest to return the child to his or her home after a reasonable length of time, including but not limited to:

   1. (a) The payment of a reasonable portion of substitute physical care and maintenance, if financially able;
   2. (b) The maintenance of regular visitation or other contact with the child which was designed and carried out in a plan to reunite the child with the parent or parents; and
   3. (c) The maintenance of regular contact and communication with the custodian of the child.

4. 4. Whether additional services would be likely to bring about lasting parental adjustment enabling a return of the child to the parent or parents within a predictable period.

   For purposes of this section, the court shall disregard incidental conduct, contributions, contacts and communications.

(Added to NRS by 1981, 1751; A 1987, 173)