The federal Indian Child Welfare Act, 25 U.S.C. §§ 1901 et seq., was enacted in 1978 to protect Indian children from the removal from their homes and families and gives Indian tribes jurisdiction over the Indian children within their tribe. Existing Nevada law recognizes the jurisdiction of Indian tribes in various proceedings relating to the custody, adoption or protection of Indian children or the termination of parental rights. (NRS 3.223, 62D.210, 125A.215, 127.010, 127.018, 128.020, 128.023, 432B.410, 432B.425) This bill establishes various provisions governing proceedings relating to the custody, adoption or protection of Indian children or the termination of parental rights to provide additional protections for Indian children in state law. Sections 2-38 of this bill establish provisions concerning proceedings in which the legal or physical custody of an Indian child who is or may be in need of protection is an issue. Section 2 of this bill explains the legislative intent of sections 2-38. Sections 3.5-17 of this bill define terms for the purposes of sections 2-38. Section 18 of this bill provides that a person has custody of an Indian child if the person has physical or legal custody of the Indian child under any applicable tribal law, tribal custom or state law. Section 20 of this bill requires a court to consider certain factors, in consultation with the Indian child's tribe, when making a determination regarding the best interests of the Indian child in a child custody proceeding. Section 21 of this bill establishes the order of priority for the domicile of an Indian child. Section 22 of this bill requires the appropriate agency which provides child welfare services to: (1) provide assistance with enrolling an Indian child in a tribe with which the child is eligible for enrollment unless the Indian child's parent objects; and (2) notify the Indian child's parent of his or her right to object to such assistance from the agency. Section 23 of this bill sets forth the manner in which the tribe of an Indian child is determined for purposes of a child custody proceeding involving the Indian child and, if the Indian child is a member of or eligible for membership with more than one tribe, requires the court to designate the tribe with which the Indian child has the more significant contacts by considering certain factors. Section 24 of this bill requires a court to: (1) determine, in any child custody proceeding involving an Indian child, the residence and domicile of the Indian child and whether he or she is a ward of a tribal court; and (2) communicate with any tribal courts to the extent necessary to make such determinations. Section 25 of this bill requires agencies which provide child welfare services to make a good faith effort to enter into a tribal-state agreement with any Indian tribe in Nevada and authorizes such agencies to enter into a tribal-state agreement with any Indian tribe outside of Nevada if the tribe has significant numbers of Indian children who reside in Nevada and are members of or eligible for membership with the tribe. Section 25 also establishes provisions concerning the contents of and requirements regarding such tribal-state agreements. Section 26 of this bill provides that the jurisdiction of a court in a child custody proceeding involving an Indian child is concurrent with the jurisdiction of the tribe of the Indian child. Section 26 also establishes the circumstances in which the tribe of an Indian child has exclusive jurisdiction in such cases. Section 27 of this bill requires, in general, a court to transfer a child custody proceeding involving an Indian child if the parent, Indian custodian or tribe of the Indian child petitions the court to transfer the proceeding to tribal court. Section 27 also establishes various other provisions regarding such a transfer and the denial of such a transfer by the court. Section 28 of this bill sets forth the actions that a court is required to take upon granting a transfer motion under section 27. Section 29.5 of this bill establishes requirements for certain persons and the court with regard to determining whether a child is an Indian child in child custody proceedings. Section 30 of this bill provides that in a child custody proceeding, if a person is required to determine whether a child is an Indian child, the person is required to make a good faith effort to make such a determination by consulting with certain persons. Section 30 also establishes the circumstances in which a court or person has reason to know that a child is an Indian child and imposes certain requirements on a court concerning the procedure for verifying whether a child is an Indian child. Section 31 of this bill requires the person taking a child into protective custody in an emergency proceeding to make a good faith effort to determine whether there is reason to know that the child is an Indian child and, if there is reason to know that the child is an Indian child, the appropriate agency which provides child welfare services is required, if the nature of the emergency allows, to notify any tribe of which the child is or may be a member and provide certain information, including a statement that the tribe has a right to participate in the proceeding as a party or in an advisory capacity. Section 31 also imposes certain requirements relating to: (1) the provision of notice of a child custody proceeding if there is reason to know that a child alleged to be within the court's jurisdiction is an Indian child; and (2) the hearing regarding the proceeding. Section 32 of this bill provides that if a court finds at a hearing in a child custody proceeding that a child is an Indian child, at least one qualified expert witness must testify regarding certain information. If a qualified witness is required to testify, section 32 requires the petitioner in the proceeding to contact the tribe of the Indian child and request that the tribe identify one or more persons who can testify as a qualified witness. Additionally, section 32 authorizes a court to hear supplemental testimony from certain professionals. Section 33 of this bill provides that if a child in a child custody proceeding is an Indian child and active efforts, which are efforts that are affirmative, active, thorough, timely and intended to maintain or reunite an Indian child with the Indian child's family, are required, the court is required to determine whether active efforts have been made to prevent the breakup of or to reunite the family. Section 33 establishes requirements relating to active efforts. Section 34 of this bill authorizes a tribe that is a party to a child custody proceeding to be represented by any person, regardless of whether the person is licensed to practice law. Section 34 also authorizes an attorney who is not barred from practicing law in Nevada to appear in any proceeding involving an Indian child without associating with local counsel if the attorney establishes to the satisfaction of the State Bar of Nevada that certain requirements are met. Section 35 of this bill provides that in a child custody proceeding involving an Indian child, the court is required to appoint counsel to represent the Indian child and, in certain circumstances, also appoint counsel to represent the Indian child's parent or Indian custodian. Section 35 also authorizes an attorney who is appointed to represent an Indian child to inspect certain records of the Indian child without the consent of the Indian child or his or her parent or Indian custodian. Section 36 of this bill authorizes each party in a child custody proceeding in which the child is an Indian child to timely examine all reports and documents held by an agency which provides child welfare services that are not otherwise subject to a discovery exception or precluded under state or federal law. Section 37 of this bill establishes requirements concerning the: (1) least restrictive setting in which an Indian child must be placed if the parental rights of the Indian child's parents have not been terminated and the Indian child is in need of placement or continuation in substitute care; and (2) placement of an Indian child if the parental rights of the Indian child's parents have been terminated and the Indian child is in need of an adoptive placement. Section 37 also authorizes the alternative placement of an Indian child in certain circumstances. Section 38 of this bill authorizes certain persons to file a petition to vacate an order or a judgment involving an Indian child regarding jurisdiction, placement, guardianship or the termination of parental rights in a pending child custody proceeding under sections 2-38 or, if no proceeding is pending, in any court with jurisdiction over the matter. Section 38 requires the court to vacate an order or judgment regarding jurisdiction, placement, guardianship or the termination of parental rights if certain provisions of sections 2-38 have been violated and the court determines that vacating the order or judgment is proper. Sections 42-50 of this bill establish provisions specifically relating to the adoption of Indian children. Section 42 of this bill provides that a petition for adoption of a child must include certain contents concerning whether there is reason to know that the child who is the subject of the petition is an Indian child and requires a petitioner who has reason to know that the child is an Indian child to serve copies of the petition on certain persons and file with the court a declaration of compliance concerning such notice. Section 43 of this bill: (1) requires written consent to the adoption of an Indian child to be given by the Indian child's parents unless their parental rights have been terminated; (2) establishes requirements concerning such consent; and (3) authorizes the withdrawal of such consent. Section 45 of this bill establishes provisions concerning the entry of a judgment for the adoption of a child, including certain requirements relating to the adoption of an Indian child. Section 46 of this bill authorizes the filing of a petition to vacate a judgment of adoption of an Indian child and requires the court to vacate the judgment if the petition is timely filed and the court finds by clear and convincing evidence that the consent of a parent to the adoption was obtained through fraud or duress. Section 47 of this bill requires a court to provide notice to certain persons and the appropriate agency which provides child welfare services if a judgment of adoption of an Indian child is vacated and, unless the return of custody of the Indian child to a former parent or prior Indian custodian or the restoration of parental rights is not in the best interests of the child, return custody of the Indian child to the former parent or prior Indian custodian or restore parental rights. Section 48 of this bill requires that access to the adoption records of an Indian child be given to the Indian child's tribe or the United States Secretary of the Interior not later than 14 days after the request for such records. Section 49 of this bill requires the appropriate agency which provides child welfare services to file with the court in a proceeding for the adoption of a minor child a written compliance report that reflects the agency's review of the petition for adoption and advises the court on whether the petitioner submitted complete and sufficient documentation relating to the petitioner's compliance with the inquiry and notice requirements and placement preferences. Section 49 requires the Division of Child and Family Services of the Department of Health and Human Services (hereinafter “Division”) to adopt regulations providing a nonexhaustive description of the documentation that may be submitted to the court as evidence of such compliance and any other regulations for the preparation of such compliance reports that are necessary for agencies which provide child welfare services to carry out their duties. Section 49 also authorizes the Court Administrator to prepare and make available to the public certain forms and information to assist petitioners and to design and offer trainings to courts having jurisdiction over adoption matters. Section 50 of this bill establishes provisions governing tribal customary adoption, which is the adoption of an Indian child by and through the tribal custom, traditions or law of the child's tribe without the termination of parental rights. Section 50 requires the Division to adopt certain regulations concerning tribal customary adoption and authorizes: (1) the Supreme Court to adopt rules necessary for the court processes to implement the provisions relating to tribal customary adoption; and (2) the Court Administrator to prepare necessary forms for the implementation of the provisions relating to tribal customary adoption. Section 73 of this bill requires the Division to submit a report to the Chairs of the Senate and Assembly Standing Committees on Judiciary describing the implementation of tribal customary adoption as an alternative permanency option for wards who are Indian children and the Division's recommendation for proposed legislation to improve the tribal customary adoption process. Section 65 of this bill requires the Division to adopt regulations necessary for the implementation of sections 2-38 and 42-50. Section 67 of this bill requires an agency which provides child welfare services to provide training for its personnel regarding the requirements of sections 2-38 and 42-50. Sections 40, 51-62 and 64-70 of this bill make conforming changes to provisions of existing law to reflect the changes made in sections 2-38. Section 78 of this bill repeals certain provisions of existing law that are no longer necessary because of the provisions of sections 2-38. Section 72 of this bill requires the Division and the Court Administrator to submit biennial reports to the Chairs of the Senate and Assembly Standing Committees on Judiciary containing certain data relating to Indian children in dependency proceedings. Section 76 of this bill authorizes the Court Administrator to adopt any rules necessary to implement sections 2-38 and 42-50.

Statutes affected:
As Introduced: 125A.215, 127.003, 127.010, 127.018, 127.053, 127.110, 128.020, 128.023, 128.050, 3.223, 7.285, 62A.160, 62D.210, 432B.067, 432B.190, 432B.360, 432B.397, 432B.410, 432B.425, 432B.5902
Reprint 1: 125A.215, 127.003, 127.007, 127.010, 127.018, 127.053, 127.110, 128.020, 128.023, 128.050, 3.223, 7.285, 62A.160, 62D.210, 432B.067, 432B.190, 432B.397, 432B.410, 432B.425, 432B.5902
Reprint 2: 125A.215, 127.003, 127.010, 127.018, 127.053, 127.110, 128.020, 128.023, 128.050, 3.223, 7.285, 62A.160, 62D.210, 432B.067, 432B.190, 432B.397, 432B.410, 432B.425, 432B.5902
Reprint 3: 125A.215, 127.003, 127.010, 127.018, 127.053, 127.110, 128.020, 128.023, 128.050, 3.223, 7.285, 62A.160, 62D.210, 432B.067, 432B.190, 432B.397, 432B.410, 432B.425, 432B.5902
Reprint 4: 125A.215, 127.003, 127.010, 127.018, 127.053, 127.110, 128.020, 128.023, 128.050, 3.223, 7.285, 62A.160, 62D.210, 432B.067, 432B.190, 432B.397, 432B.410, 432B.425, 432B.5902
As Enrolled: 125A.215, 127.003, 127.010, 127.018, 127.053, 127.110, 128.020, 128.023, 128.050, 3.223, 7.285, 62A.160, 62D.210, 432B.067, 432B.190, 432B.397, 432B.410, 432B.425, 432B.5902
BDR: 125A.215, 127.003, 127.010, 127.018, 127.053, 127.110, 128.020, 128.023, 128.050, 3.223, 7.285, 62A.160, 62D.210, 432B.067, 432B.190, 432B.360, 432B.397, 432B.410, 432B.425, 432B.5902