AB 444 — Revises provisions concerning child welfare. (BDR 11-614)

Section 3738 alsorequires authorizesthe theecourt alternativeto placementvacate of an Indianorder childor injudgment regarding jurisdiction, placement, guardianship or the termination of parental rights if certain circumstances.provisions of sections 2-38 have been violated and the court determines that vacating the order or judgment is proper.

SectionSections 3842-50 of this bill authorizesestablish certainprovisions personsspecifically torelating file a petition to vacate an order or a judgment involving an Indian child regarding jurisdiction, placement, guardianship or the terminationadoption of parentalIndian rightschildren. 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 3842 requiresof thethis courtbill toprovides vacatethat ana orderpetition orfor judgmentadoption regardingof jurisdiction,a placement,child guardianshipmust orinclude thecertain terminationcontents ofconcerning parentalwhether rightsthere ifis certainreason provisionsto know that the child who is the subject of sectionsthe 2-38petition haveis beenan violatedIndian child and requires a petitioner who has reason to know that the couSectionschild 42-50is an Indian child to serve copies of thisthe billpetition establishon provisionscertain specificallypersons relatingand tofile with the adoptioncourt a declaration of Indiancompliance children.concerning such notice.

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 - *AB444_R1* – 4 – of compliance concerning such notice.

(1) requires writtenonwritten consent to the adoption of an Indian child to be given by the Indian child’s parents unlessconcerning theirsuch parentalconsent; rights have been terminated;

(2)and (3) authorizes the withdrawal of such consent.ents Section 45 of this bill establishes requirementsprovisions concerning suchthe consent;entry of a judgment for the adoption of a child, including certain requirements relating to the adoption of an Indian child.

andSection (3)46 of this bill authorizes the withdrawalfiling of sucha consent.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 4547 of this bill establishesrequires provisionsa concerningcourt to provide notice to certain persons and the entryappropriate ofagency which provides child welfare services if a judgment forof adoption of an Indian child is vacated and, unless the adoptionreturn of custody of the Indian child to a former parent or prior Indian custodian or the restoration of - 82nd Session (2023) – 4 – parental rights is not in the best interests of the child, includingreturn certaincustody requirementsof relatingthe Indian child to the adoptionformer ofparent anor prior Indian child.custodian or restore parental rights.

Section 4648 of this bill authorizesrequires that access to the filingadoption records of aan petitionIndian toInterior vacatenot alater judgmentthan 14 days after the request for such records.retary of adoptionthe Section 49 of anthis Indianbill requires the appropriate agency which provides child andwelfare requiresservices to file with the court toin vacatea proceeding for the evidenceadoption of a minor child a written compliance report that reflects the consentagency’s review of athe parentpetition for adoption and advises the court on whether the petitioner submitted complete and sufficient documentation relating to the adoptionpetitioner’s wascompliance obtainedwith throughthe fraudinquiry organd duress.notice requirements and placement preferences.

Section 4749 ofrequires thisthe billDivision requiresof aChild courtand toFamily provideServices noticeof tothe certainDepartment personsof Health and theHuman appropriateServices agency(hereinafter which“Division”) providesto childadopt welfareregulations servicesproviding if a judgmentnonexhaustive ofdescription adoption of anthe Indiandocumentation childthat ismay vacatedbe and,submitted unlessto the returncourt ofas custodyevidence of thesuch Indiancompliance childand toany aother formerregulations parentfor or prior Indian custodian or the restorationpreparation of parentalsuch rightscompliance isreports notthat inare thenecessary bestfor interestsagencies ofwhich theprovide child,child returnwelfare custodyservices of the Indian child to thecarry formerout parenttheir orduties. prior Indian custodian or restore parental rights.

Section 4849 ofalso thisauthorizes billthe requiresCourt thatAdministrator access to theprepare adoptionand recordsto ofdesign anand Indianoffer childtrainings be given to thecourts Indianhaving child’sjurisdiction tribeover oradoption thematters.nd UnitedSection States50 Secretary of the IntSection 49 of this bill requiresestablishes theprovisions appropriategoverning agencytribal whichcustomary providesadoption, childwhich welfareis services to file with the court in a proceeding for the adoption of aan minorIndian child aby written compliance report that reflects the agency’s review of the petition for adoption and advisesthrough the courttribal oncustom, whethertraditions theor petitionerlaw submittedof complete and sufficient documentation relating to the petitioner’schild’s compliancetribe withwithout the inquirytermination andof noticeparental requirementsrights. 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 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.

(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 themarythe 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 improveimprSection 65 of this bill requires the tribalDivision customaryto adoptionadopt process.regulations necessary for the implementation of sections 2-38 and 42-50.

Section 51.567 of this bill revisesrequires certainan provisionsagency concerningwhich theprovides Statechild Registerwelfare forservices Adoptions,to whichprovide istraining maintainedfor byits personnel regarding the Divisionrequirements inof itssections central2-38 office.and 42-50.

theSections implementation40, of51-62 sections 2-38 and 42-50.on64-70 to adopt regulations necessary for Section 67 of this bill requiresmake anconforming agencychanges whichto providesprovisions childof welfareexisting serviceslaw to providereflect training for its personnel regarding the requirementschanges ofmade in sections 2-382-38. and 42-50.

-Section *AB444_R1*78 – 5 – Sections 40, 51-62 and 64-70 of this bill makerepeals conformingcertain changes to provisions of existing law tothat reflectare theno changeslonger madenecessary inbecause of the provisions of sections 2-38.

Section 78 of this bill repeals certain provisions of existing law that are no longer necessary becSection 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.

- 82nd Session (2023) – 5 – EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

now, therefore, 26 THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

29 Section 1.

Sec.States Congress recognizes the special legal status of Indian tribes and their members.

2.It is the policy of this State to protect the health and safety of Indian children and the stability and security of Indian tribes and families by promoting practices designed to prevent the removal of Indian children from their families and, if removal is necessary and lawful, to prioritize the placement of an Indian child with the Indian child’s extended family and tribal community.

1.- 82nd Session (2023) – 6 – 2.

TheThis LegislatureState herebyrecognizes findsthe thatinherent jurisdiction of Indian tribes to make decisions regarding the Unitedcustody Statesof CongressIndian children and also recognizes the specialimportance legalof statusensuring ofthat Indian tribeschildren and theirIndian members.families receive appropriate services to home and, if removal is necessary and lawful, to effect the child’s safe return home.

It is the policy of this State to protect the health and safety of Indian children and the stability and security of Indian tribes and families by promoting practices designed to - *AB444_R1* – 6 – prevent the removal of Indian children from their families and, if removal is necessary and lawful, to prioritize the placement of an Indian child with the Indian child’s extended family and tribal community.

2.

This State recognizes the inherent jurisdiction of Indian tribes to make decisions regarding the custody of Indian children and also recognizes the importance of ensuring that Indian children and Indian families receive appropriate services to obviate the need to remove an Indian child from the Indian child’s home and, if removal is necessary and lawful, to effect the child’s safe return home.

“Child custody proceeding” means a matter arising under chapter 432B of NRS in which the legal custody or physical custody of ana Indian child is an issue,issue. including, without limitation, a matter arising under chapter 125A, 127, 128 or 432B of NRS.

that term by the law or custom of an Indian child’s tribe or, if that meaning cannot be determined, means a person who has attained years of age and who is the Indian child’s grandparent, aunt, uncle, brother, sister, sister-in-law, brother-in-law, niece, nephew, first cousin, second cousin, stepparent or another person determined by the Indian child’s tribe, clan or band member.

7.

“Extended family member” has the meaning given that term by the law or custom of an Indian child’s tribe or, if that meaning cannot be determined, means a person who has attained 18 years of age and who is the Indian child’s grandparent, aunt, uncle, brother, sister, sister-in-law, brother-in-law, niece, nephew, first cousin, second cousin, stepparent or another person determined by the Indian child’s tribe, clan or band member.

Sec.

- *AB444_R1* – 7 – 1.

- 82nd Session (2023) – 7 – Sec.

“Indian custodian” means an Indian, other than the Indian child’s parent, who has custody, as described in subsection 1 of section 18 of this act, of the Indian child, or to whom temporary physical care, custody and control has been transferred by theSec. Indian child’s parent.

Sec.

“Reservation” means Indian country as defined in 18 U.S.C.

§ 1151 and any lands not covered under that section, the title to which is held by the United States in trust for the benefit of an Indian tribe or person or held by an Indian tribe or person subject to a restriction by the United States against alienation.

“Tribal court” means a court with jurisdiction over child custody proceedings involving an Indian child that is either a Court of Indian Offenses, a court established and operated under the code or custom of an Indian tribe or any other administrative body of a tribe that is vested with authority over child custody proceedings.proceedings involving an Indian child.

17.5.

(Deleted by amendment.) Sec.

- 82nd Session (2023) – 8 – Sec.

(Deleted by amendment.) - *AB444_R1* – 8 – Sec.

In a child custody proceeding involving an Indian child, when making a determination regarding the best interests of the child in accordance with sections 2 to 38, inclusive, of this act, chapteret 125A,seq., 127,or 128any applicable regulations or rules regarding§ sections 2 to 38, inclusive, of this act, chapter 432B of NRS,NRS or the Indian Child Welfare Act, 25the U.S.C.court shall, in consultation with the Indian child’s tribe, consider the following:

§§ 1901 et seq., or any applicable regulations or rules regarding sections 2 to 38, inclusive, of this act, chapter 125A, 127, 128 or 432B of NRS or the Indian Child Welfare Act, the court shall, in consultation with the Indian child’s tribe, consider the following:

2.domicile of:ndian child’s domicile is, in order of priority, the (a) The Indian child’s parents or, if the Indian child’s parents do not have the same domicile, the Indian child’s parent who has physical custody of the Indian child;

An Indian child’s domicile is, in order of priority, the domicile of:

(a) The Indian child’s parents or, if the Indian child’s parents do not have the same domicile, the Indian child’s parent who has physical custody of the Indian child;

Unless an Indian child’s parent objects, the appropriate agency shall provide assistance with enrolling an Indian child within the jurisdiction of the juvenile court under NRS 432B.410 in a tribe with which the child is eligible for enrollment.

In any child custody proceeding underinvolving chapteran 432BIndian ofchild, NRS, if the appropriate agency reasonably believes that the Indian child is eligible for enrollment in a tribe, the agency shall notify the Indian child’s parents of their right to object to the agency’s assistance under subsection 1.

The provision of notice pursuant to - 82nd Session (2023) – 9 – this subsection is deemed to be satisfied by sending the notice to - *AB444_R1* – 9 – the last known mailing address of each of the Indian child’s parents.

In a child custody proceeding in which an the Indian childchild’s istribe allegedis:e to be within the jurisdiction of the court, (a) If the Indian child’schild is a member of or is eligible for membership in only one tribe, the tribe is:of which the Indian child is a member or eligible for membership.

(a) If the Indian child is a member of or is eligible for membership in only one tribe, the tribe of which the Indian child is a member or eligible for membership.

(b) The duration of the Indian child’s current or prior domiciledom(c) orThe residencetribal onmembership orof near the reservationIndian ofchild’s eachcustodialbe; tribe;

(c) The tribal membership of the Indian child’s custodial parent or Indian custodian;

If an Indian child is a member of or is eligible for membership in more than one tribe, the court may, in its discretion, permit a tribe, in addition to the Indian child’s tribe, to participate in a proceedingchild undercustody chapterproceeding 432B of NRS involving the Indian child in an advisory capacity or as a party.

In any child custody proceeding involving an Indian child that is based on allegations that anthe Indian child is within the - 82nd Session (2023) – 10 – jurisdiction of the court, the court must determine the residence and domicile of the Indian child and whether the Indian child is a ward of tribal - *AB444_R1* – 10 – court.

The court shall communicate with any tribal courts to the extent necessary to make a determination under this section.secSec.

Sec.

(a) Provide for the cooperative delivery of child welfare services to Indian children in this State, including, without limitation, the utilization, to the extent available, of services provided by the tribe or an organization whose mission is to serve the American Indian or Alaska Native population to implement the terms of the tribal-state agreement;

andandion to implement (b) If services provided by the tribe or an organization whose mission is to serve the American Indian or Alaska Native population are unavailable, provide for an agency’s use of community services and resources developed specifically for Indian families that have the demonstrated experience and capacity to provide culturally relevant and effective services to Indian children.

or - 82nd Session (2023) – 11 – (b) The Indian child resides or is domiciled within the reservation of the tribe.

Communications between the court and a tribal court regarding calendars, court records and similar matters may occur withoutcommunications.ng informing the parties or creating a record of the communications.4.

- *AB444_R1* – 11 – 4.

If the Indian child’s tribe contests the assertion that good cause exists to deny the transfer, the court shalldetermination givewhether good cause exists to deny the tribe’stransfering argumenta substantialmotion, weight.the court may not consider:

When making a determination whether good cause exists to deny the transfer motion, the court may not consider:

- 82nd Session (2023) – 12 – (b) The Indian child’s parent objects to the transfer;

Notwithstanding paragraph (b) of subsection 4, the objection of the Indian child’s parent does not preclude the transfer if:

the Indian child’s parent does not preclude the (a) The objecting parent dies or the objecting parent’s parental rights are terminated and have not been restored;

and - *AB444_R1* – 12 – (b) The Indian child’s remaining parent, Indian custodian or tribe files a new transfer motion subsequent to the death of the objecting parent or the termination of the parental rights of the objecting parent.

IfDirect the Indian child is alleged to be within the jurisdiction of the juvenile court under NRS 432B.410, direct the appropriate agency to:

and (b) Provide the Indian child’s tribe with documentation related to the Indian child’s eligibility for state and federal assistance and information related to the Indian child’s social history, treatment diagnosis and services and other relevant case and service related data;

(Deleted by amendment.) Sec.

29.5.

and (b)- Demonstrate82nd toSession the(2023) court– that13 he– or she made efforts to determine whether a child is an Indian child.child.e made efforts to 2.

2.

- *AB444_R1* – 13 – Sec.

(c)child Anyresides;son person having custody of the child or with whom the child(d) resides;Extended family members of the child;

(d)(e) ExtendedAny familyother membersperson ofwho may reasonably be expected to have information regarding the child;child’s membership or eligibility for membership in a Indian tribe;

(e) Any other person who may reasonably be expected to have information regarding the child’s membership or eligibility for membership in an Indian tribe;

A court or person has reason to know that a child in a child custody proceeding is an Indian child if:

(c) Any person present in the proceeding, officer of the court involved in the proceeding, Indian tribe, Indian organization or agency informs the court or the person that the child is an Indian child or that information has been discovered indicating that the child is an Indian child;

has been discovered indicating that the (d) The child indicates to the court or the person that the child is an Indian child;

- 82nd Session (2023) – 14 – (g) The court or the person is informed that the child or the child’s parent possesses an identification card or other record indicating membership in an Indian tribe;

(h) Testimony or documents presented to the court indicate in anyany(i) wayAny other indicia provided to the court or the person, or within the knowledge of the court or the person, indicates that the child mayis be an Indian child;child.

or (i) Any other indicia provided to the court or the person, or within the knowledge of the court or the person, indicates that the child is an Indian child.

Except as otherwise provided in section 49 of this act, whenever a person is required to demonstrate to the court in a child custody proceeding that the person made efforts to determine whether a child is an Indian child, the court shall make written - *AB444_R1* – 14 – findings regarding whether the person satisfied the inquiry requirements under subsection 1 and whether the child is an Indian child or whether there is reason to know that the child is an Indian child.

(a) Reason to know that the child is an Indian child but the court does not have sufficient evidence to find that the child is an Indian child, the court shall order that the inquiry as to whether the child is an Indian child continue until the court finds that the chi(b) Not reason to know that the child is notan Indian child, the court shall order each party to immediately inform the court if the party receives information providing reason to know that the child is an Indian child.

(b) Not reason to know that the child is an Indian child, the court shall order each party to immediately inform the court if the party receives information providing reason to know that the child is an Indian child.

A person making an inquiry under this section shall request that any tribe receiving information under this section - 82nd Session (2023) – 15 – keep documents and information regarding the inquiry confidentialconfidential. if the proceeding arises under chapter 432B of NRS or a consenting parent in an adoption proceeding requests anonymity.

A request from a consenting parent for anonymity does not relieve the court or any party in an adoption proceeding from the duty to verify whether the child is an Indian child.

In an emergency proceeding, the person taking a child into protective custody must 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 and the nature of the emergency allows, the appropriate agency shall notify by telephone, electronic mail, facsimile or other means of immediate communication any tribe of which the child is or may be a member.

Notification under this - *AB444_R1* – 15 – subsection must include the basis for the child’s removal, the time, date and place of the initial hearing and a statement that the tribe has the right to participate in the proceeding as a party or in an advisory capacity.

or (2) The appropriate Regional Director of the United States Bureau of Indian Affairs listed in 25 C.F.R.

§ 23.11(b), if thethes identity or location of the child’s tribe cannot be ascertained.

- 82nd Session (2023) – 16 – (3) The name of each Indian tribe of which the child is a member or in which the Indian child may be eligible for membership;

(4) If notice is required to be sent to the appropriate Regional Director of the United States Bureau of Indian Affairs under subparagraph (2) of paragraph (a), to the extent known,known,rs information regarding the child’s direct lineal ancestors, an ancestral chart for each biological parent, and the child’s tribal affiliations and blood quantum;

(5) In a child custody proceeding, a copy of the petition or motion initiating the proceeding and, if a hearing has been - *AB444_R1* – 16 – scheduled, information on the date, time and location of the hearing;

(7) InA astatement that the child’s parent or Indian custodian has the right to participate in the proceeding underas chaptera 432Bparty ofto NRS:the proceeding;

(I)(8) A statement that the child’s parenttribe or Indian custodian has the right to participate in the proceeding as a party toor thein proceeding;an advisory capacity;

(II)(9) A statement that if the child’scourt tribedetermines hasthat the rightchild’s parent or Indian custodian is unable to participateafford incounsel, the proceedingparent asor aIndian partycustodian orhas inthe anright advisoryto capacity;court-appointed counsel;

(III)(10) A statement that if the court determines that the child’s parentparent, or Indian custodian isor unabletribe tohas affordthe counsel,right, theupon parentrequest, orto Indianup custodianto has20 theadditional rightdays to court-appointedprepare counsel;for the proceeding;

and(11) (IV) A statement that the child’s parent, Indian custodian orcustody tribeproceeding hasto the right,tribal uponcourt;court request, to uptransfer tothe 20child additional(12) daysA tostatement preparedescribing forthe potential legal consequences of the proceeding;proceeding on the future parental and custodial rights of the parent or Indian custodian;

(8)(13) AThe statementmailing thataddresses theand child’stelephone parent,numbers Indianof custodian or tribe has the right to petition the court toand transfercontact theinformation childfor custodyall proceedingparties to the tribalproceeding; court;

(9)and (14) A statement describingthat the potentialinformation legalcontained consequencesin of the proceedingnotice onis confidential and that the futurenotice parentalshould andnot custodialbe rightsshared ofwith any person not needing the parentinformation orto Indianexercise custodian;rights under sections 2 to 38, inclusive, of this act.

(10) The mailing addresses and telephone numbers of the court and contact information for all parties to the proceeding;

and (11) A statement that the information contained in the notice is confidential and that the notice should not be shared with any person not needing the information to exercise rights under sections 2 to 38, inclusive, of this act.

§§ 2000d et seq., and other applicable- federal82nd andSession state(2023) laws.– 17 – translation or interpretation support, the court shall contact orre direct a party to contact the Indian child’s tribe or the local office of the United States Bureau of Indian Affairs for assistance identifying a qualified translator or interpreter.

If the court is unable to secure translation or interpretation support, the court shall contact or direct a party to contact the Indian child’s tribe or the local office of the United States Bureau of Indian Affairs for assistance identifying a qualified translator or interpreter.

Upon request, the court shall grant the Indian child’s parent, Indian custodian or tribe up to 20 additional days from the date upon which notice was received by the tribe to - *AB444_R1* – 17 – prepare for participation in the hearing.

Nothing in this subsection prevents a court at an emergency proceeding before the expiration of the waiting period described in this subsection from reviewing the removal of an Indian child from the Indian child’s parent or Indian custodian to determine whether the removal or placement is no longer necessary to prevent imminent physical damagedamSec. or harm to the Indian child.

Sec.

In any child custody proceeding involving an Indian child that requires the testimony of a qualified expert witness, the petitioner shall contact the Indian child’s tribe and request that the tribe identify one or more persons meeting the criteria described in subsection 3 or 4.

A person is a qualified expert witness under this section if the Indian child’s tribe has designated the person as being qualified to testify to the prevailing social and cultural standards of the tribe.

- 82nd Session (2023) – 18 – (b) A person having substantial experience in the delivery of child and family services to Indians and extensive knowledge of prevailing social and cultural standards and child rearing practices within the Indian child’s tribe;

or (c) Any person having substantial experience in the delivery of child and family services to Indians and knowledge of prevailingprevailingof social and cultural standards and child rearing practices in Indian tribes with cultural similarities to the child’s tribe.

- *AB444_R1* – 18 – 6.

(b) IfInclude the child is alleged to be within the jurisdiction of the juvenile court under NRS 432B.410, include assisting the Indian child’s parent or parents or Indian custodian through the steps of a case plan;

(c) Include, to the extent possible, providing assistance with the(d) Be conducted in partnership with the cooperationIndian ofchild and the Indian child’s parents, extended family members, Indian custodians and tribe;

(d) Be conducted in partnership with the Indian child and the Indian child’s parents, extended family members, Indian custodians and tribe;

Notwithstanding the provisions of NRS 7.285, a tribe that is a party to a child custody proceeding involving an Indian child may be represented by any person, regardless of whether the person is licensed to practice law.

(a)- The82nd attorneySession will(2023) appear– in19 a– court in this State for the limited purpose of participating in a proceeding under chapterchapterhe 432B of NRS subject to the provisions of sections 2 to 38, inclusive, of this act;

If a child in a proceedingchild undercustody chapterproceeding 432B of NRS is an Indian child:

- *AB444_R1* – 19 – (a) The court shall appoint counsel to represent the Indian child.

(b) If the Indian child’s parent or Indian custodian requests counsel to represent the parent or Indian custodian but is without sufficient financial means to employ suitable counsel possessing skills and experience commensurate with the nature of the petition and the complexity of the case, the court shall appoint suitable counsel to represent the Indian child’s parent or Indian custodian if the parent or Indian custodian is determined to be financially eligible for the appointment of such counsel.

This subsection does not apply to records of a law enforcement agencycharges.elating relating to an ongoing investigation before bringing charges.Sec.

Sec.

The preservation of confidentiality under this section does not relieve the court or any petitioners in an adoption proceeding - 82nd Session (2023) – 20 – from the duty to comply with the placement preferences under section 37 of this act if the child is an Indian child.

Except as otherwise provided in subsection 3, if the parental rights of an Indian child’s parents have not been terminated and the Indian child is in need of placement or continuation in substitute care, the child must be placed in the least restrictive setting that:

- *AB444_R1* – 20 – (1) A member of the Indian child’s extended family;

Except as otherwise provided in subsection 3, if the parental rights of the Indian child’s parents have been terminated and the Indian child isshall inbe needplaced:ed of an adoptive placement, the Indian(a) childIn shallaccordance bewith placed:the order of preference established by the Indian child’s tribe;

(a) In accordance with the order of preference established by the Indian child’s tribe;

If the court determines that the moving party has established, by clear and convincing evidence, that there is good cause to depart from the placement preferences under this section, the- court82nd maySession authorize(2023) placement– in21 an– alternativeThe court’s determination under this subsection:ive placement.

The court’s determination under this subsection:

or (4) Whether, despite a diligent search, a placement meeting the placement preferences under this section is unavailable, as determined by the prevailing social and cultural standards of the Indian community in which the Indian child’s parent or extended family resides or with which the Indian child’s parent or extended familyfam(b) membersMust, maintainin socialapplying andthe culturalplacement ties.preferences under this subsection, give weight to a parent’s request for anonymity if the placement is an adoptive placement to which the parent has consented.

- *AB444_R1* – 21 – (b) Must, in applying the placement preferences under this subsection, give weight to a parent’s request for anonymity if the placement is an adoptive placement to which the parent has consented.

(3) The distance between a placement meeting the placement preferences under this section that is located on or near a reservationrese(4) andThe ordinary bonding or attachment between the Indian child’schild parent;and a nonpreferred placement arising from time spent in the nonpreferred placement.

or (4) The ordinary bonding or attachment between the Indian child and a nonpreferred placement arising from time spent in the nonpreferred placement.

- 82nd Session (2023) – 22 – (a) The Indian child who was alleged to be within the jurisdiction of the court;

(b) The Indian child’s parent or Indian custodian from whose custody such child was removed or whose parental rights were terminated;ter(c) The Indian child’s tribe.

or (c) The Indian child’s tribe.

- *AB444_R1* – 22 – 4.

As used in this section, “termination of parental rights” includes, without limitation, the involuntary termination of parental rights under chapter 128 or 432B of NRS.NRS.mination of Sec.

Sec.

A child custody determination made by a tribe under factual circumstances in substantial conformity with the jurisdictional standards of the provisions of this chapter must be - 82nd Session (2023) – 23 – recognized and enforced pursuant to NRS 125A.405 to 125A.585, inclusive.

Chapter 127 of NRS is hereby amended by adding thereto the provisions set forth as sections 4241.5 to 50, inclusive, of thisthiSec. act.

Sec.41.5.

(Deleted by amendment.) Sec.

or (2) A statement that the petitioner is moving the court under subsection 3 of section 37 of this act for a finding, by clear - *AB444_R1* – 23 – and convincing evidence, that good cause exists for alternative adoptive placement and a statement describing the details supporting the assertion of the petitioner that good cause exists for the alternative placement, as described in subsection 3 of section 37 of this act.

placement, as described in subsection 3 of section 2.

and (c) If the court finds that the child is an Indian child:

and (3) A finding that the adoptive placement complies with the placement preferences under section 37 of this act or, if not, that - 82nd Session (2023) – 24 – upon the petitioner’s motion under subsection 3 of section 37 of this act, good cause exists for placement contrary to the placement preferences in section 37 of this act.

If the petitioner has reason to know that the child is an Indian child, within 30 days after filing the petition, the petitioner shall:

child, within 30 days after filing the petition, the petitioner (a) Serve copies of the petition by registered or certified mail, return receipt requested, together with the notice of proceeding in the form required under subsection 3 of section 31 of this act, to:

- *AB444_R1* – 24 – 2.

An Indian child’s parent may consent to the adoption of the Indian child at any time not less than 10 days following the date of the Indian child’s birth by executing the consent in person before the court on the record.

At any time before the entry of a judgment of adoption, an Indian child’s parent may withdraw the parent’s consent under this- section.82nd Session (2023) – 25 – written withdrawal with the court or by making a statement ofg the withdrawal on the record in the adoption proceeding.

The withdrawal of consent must be made by filing the written withdrawal with the court or by making a statement of withdrawal on the record in the adoption proceeding.

If, upon a petition for adoption of a child duly presented and consented to, the court is satisfied as to the identity and relations of the persons, that the petitioner is of sufficient ability to bring up the child and furnish suitable nurture and education, having reference to the degree and condition of the parents, and that it is fit and proper that such adoption be effected, a judgment shall be made setting forth the facts and ordering that from the date of the judgment, the child, for all legal intents and purposes, is the child of the petitioner.

- *AB444_R1* – 25 – (a) The birth name and date of birth of the Indian child, the Indian child’s tribal affiliation and the name of the Indian child after adoption;

(c) The names and addresses of the adoptive parents;

- 82nd Session (2023) – 26 – (h) If the adoptive placement and the parents entered into a post-adoptive contact agreement or the adoptive placement and the Indian child’s tribe has entered into an agreement that requires the adoptive placement to maintain connection between the child andand(i) A finding that the child’sadoptive tribe,placement complies with the termsplacement preferences under section 37 of this act or, if the agreement;placement does not comply with the placement preferences under section 37 of this act, a finding upon the petitioner’s motion under subsection 3 of section 37 of this act that good cause exists for placement contrary to the placement preferences.

and (i) A finding that the adoptive placement complies with the placement preferences under section 37 of this act or, if the placement does not comply with the placement preferences under section 37 of this act, a finding upon the petitioner’s motion under subsection 3 of section 37 of this act that good cause exists for placement contrary to the placement preferences.

Upon entry of the judgment of adoption of an Indian child, the court shall provide to the United States SecretaryBureau of theIndian InteriorAffairs copies of the judgment entered under this sectionsection, and any documentaffidavit signed by a consenting parent requesting anonymity.anonymity, and all other required information in accordance with 25 C.F.R.

§ 23.140.

3.judgment of adoption if:on the petition, the court shall vacate the (a) The petition is filed not later than 2 years following the date of the judgment;

Afterand a(b) hearingThe oncourt thefinds petition,by theclear courtand shallconvincing vacateevidence that the judgmentparent’s ofconsent adoptionwas if:obtained through fraud or duress.

(a) The petition is filed not later than 2 years following the date of the judgment;

and - *AB444_R1* – 26 – (b) The court finds by clear and convincing evidence that the parent’s consent was obtained through fraud or duress.

If a judgment of adoption of an Indian child under this chapter is vacated, the court vacating the judgment must notify, by registered or certified mail with return receipt - 82nd Session (2023) – 27 – requested, the Indian child’s former parents, prior Indian custodian, if any, and Indian tribe and the appropriate agency which provides child welfare services.

(a)names Includeas thereflected Indianin child’sthe currentcourt record;nt name and any former names(b) asInform reflectedthe inrecipient of the right to move the court record;for the return of custody of and restoration of parental rights to the Indian child, if appropriate, under this section;

(b) Inform the recipient of the right to move the court for the return of custody of and restoration of parental rights to the Indian child, if appropriate, under this section;

5.an Indian child, the former parent or prior Indian custodian may revoke a waiver executed by the former parent or prior Indian custodian pursuant to subsection 3 by filing a written revocation with the court or by making a statement of revocation on the record in a proceeding for the adoption of the Indian child.

At6. any time before the entry of a judgment of adoption of an Indian child, the former parent or prior Indian custodian may revoke a waiver executed by the former parent or prior Indian custodian pursuant to subsection 3 by filing a written revocation with the court or by making a statement of revocation on the record in a proceeding for the adoption of the Indian child.

- *AB444_R1* – 27 – 6.

The moving party shall provide by registered or certified mail, return receipt requested, notice of the motion for the Indian child to be returned to the custody of the former parent or prior Indian custodian and the time set for filing objections to - 82nd Session (2023) – 28 – the motion, together with notice of proceeding in the form required under subsection 3 of section 31 of this act to:

(b) Each tribe of which the Indian child may be aeligible memberfor membership;mber or in which the(c) IndianThe childchild’s mayparents; be eligible for membership;

(c) The child’s parents;

9.

As used in this section:

- *AB444_R1* – 28 – Sec.

The records made available under subsection 1 must, at a minimum, include the petition, all substantive orders entered in the adoption proceeding, the complete record of the placement finding- and,82nd ifSession the(2023) placement– departs29 from– the placement preferences under section 37 of this act, detailed documentation of the efforts to comply with the placement preferences.

Upon receiving an ICWA compliance report, the court shall order the matter to proceed if the court finds that the petitioner satisfied the inquiry requirements under subsection 1 of section 30 of this act and, if applicable, the notice requirements under subsection 2 of section 31 of this act.

(b) The petitioner failed to satisfy the inquiry requirements under subsection 1 of section 30 of this act or, if applicable, the notice requirements under subsection 2 of section 31 of this act, or if the documentation supplied by the petitioner is insufficient forforr the court to make those findings, the court shall direct the petitioner to cure the inquiry or notice deficiency and file an - *AB444_R1* – 29 – amended petition.

- 82nd Session (2023) – 30 – 3.

The Division shall adopt regulations providing a nonexhaustive description of the documentation that petitioners or moving parties in proceedings under this chapter may submit to the court to document compliance with the inquiry requirements under subsection 1 of section 30 of this act and notice requirements under subsection 2 of section 31 of this act and the placement preferences under section 37 of this act, including, without limitation:

(a) Descriptions of the consultations the petitioner or moving party made with the persons described in subsection 1 of section 30 of this act and subsection 3 of section 31 of this act and the responses the petitioner or moving party obtained;

and (f) The declaration of compliance regarding the notices the petitionerpet4.ionThe sent,Division asshall describedadopt inany sectionother 42regulations for the preparation of ICWA compliance reports that are necessary for agencies which provide child welfare services to carry out their duties under this act.chapter.

4.

The Division shall adopt any other regulations for the preparation of ICWA compliance reports that are necessary for agencies which provide child welfare services to carry out their duties under this chapter.

(a) Forms of petitions required under section 42 of this act, motions to request a deviation from the placement preferences - *AB444_R1* – 30 – under subsection 3 of section 37 of this act and notices required under subsection 3 of section 31 of this act;

and (b) Worksheets and checklists to assist petitioners with the inquiry required under subsection 1 of section 30 of this act theand notices- required82nd underSession subsection(2023) 2– of section 31 of– this act, and assessing whether proposed adoptive placements satisfy thetheact, preferences under section 37 of this act.

The Court Administrator may design and offer trainings to courts having jurisdiction over adoption matters regarding the application of sections 2 to 38, inclusive, of this act and sections 42 to 50, inclusive, of this act to adoptions of minor children, including, without limitation, identifying when there is reason to know that the child is an Indian child and making findings regarding the sufficiency of inquiry and notice and the appropriateness of adoptive placements.

If the court determines that tribal customary adoption is in the best interests, as described in section 20 of this act,consents ofto athe wardtribal whocustomary isadoption:the an Indian child’s tribe (a) The appropriate agency which provides child andwelfare services shall provide the Indian child’s tribe consentsand proposed tribal customary adoptive parents with a written report on the Indian child, including, without limitation, to the tribalextent customarynot adoption:otherwise prohibited by state or federal law, the medical background, if known, of the Indian child’s parents, and the Indian child’s educational information, developmental history and medical background, including all known diagnostic information, current medical reports and any psychological evaluations.

(a) The appropriate agency which provides child welfare services shall provide the Indian child’s tribe and proposed tribal customary adoptive parents with a written report on the Indian child, including, without limitation, to the extent not otherwise prohibited by state or federal law, the medical background, if known, of the Indian child’s parents, and the Indian child’s educational information, developmental history and medical background, including all known diagnostic information, current medical reports and any psychological evaluations.

(2) Uses the prevailing social and cultural standards of the Indian child’s tribe as the standards for evaluation of the proposed adoptive placement;

(3) Includes an evaluation of the background, safety and health information of the proposed adoptive placement, including the biological, psychological and social factors of the proposed adoptive placement and assessment of the commitment, capability - *AB444_R1* – 31 – and suitability of the proposed adoptive placement to meet the Indian child’s needs;

and - 82nd Session (2023) – 32 – (4) Except where the proposed adoptive placement is the Indian child’s current foster care placement, is completed before the placement of the Indian child in the proposed adoptive placement.

(c) Notwithstanding subsection 2, the court may not accept the tribe’s order or judgment of tribal customary adoption if any adult living in the proposed adoptive placement has a felony conviction for child abuse or neglect, spousal abuse, crimes against a child, including child pornography, or a crime involving violence.

(2) Includes a description of the Indian child’s legal relationship with the tribe;

and of the Indian child’s legal (3) Does not include any child support obligation from the Indian child’s parents or Indian custodian.

In addition to the requirements under section 45 of this act, the judgment of adoption must - *AB444_R1*82nd Session (2023) – 3233 – include a statement that any parental rights or obligations not specified in the judgment are transferred to the tribal customary adoptive parents and a description of any parental rights or duties retained by the Indian child’s parents, the rights of inheritance of the parents and Indian child and the Indian child’s legal relationship with the child’s tribe.

Indian child’s legal 5.

The Supreme Court may adopt rules necessary for the court processes to implement the provisions of this section, and the Court Administrator may prepare necessary formsfor10. for the implementation of this section.

10.

- *AB444_R1*82nd Session (2023) – 3334 – Sec.

NRS(Deleted 127.007by isamendment.) herebySec. amended to read as follows:

127.007 1.

The Division shall maintain the State Register for Adoptions, which is hereby established, in its central office to provide information [to identify adults who were adopted and persons related to them within the third degree of consanguinity.] relating to adoptions as set forth in this section.

2.

The State Register for Adoptions consists of:

(a) Names and other information, which the Administrator of the Division deems to be necessary for the operation of the Register, relating to persons who have released a child for adoption or have consented to the adoption of a child, or whose parental rights have been terminated by a court of competent jurisdiction, and who have submitted the information [voluntarily] to the Division;

(b) Names and other necessary information of persons [who are 18 years of age or older, who were adopted and] who have submitted the information voluntarily to the Division;

and (c) Names and other necessary information of persons who are related within the third degree of consanguinity to adopted persons, and who have submitted the information voluntarily to the Division.

 Any person whose name appears in the Register may withdraw it by requesting in writing that it be withdrawn.

The Division shall immediately withdraw a name upon receiving a request to do so, and may not thereafter release any information to identify that person, including the information that such a name was ever in the Register.

3.

Except as otherwise provided in subsection 4, the Division may release information:

(a) About a person related within the third degree of consanguinity to an adopted person;

or (b) About an adopted person to a person related within the third degree of consanguinity,  if the names and information about both persons are contained in the Register and written consent for the release of such information is given by the natural parent.

4.

An adopted person may, by submitting a written request to the Division, restrict the release of any information concerning himself or herself to one or more categories of relatives within the third degree of consanguinity.

Sec.

127.010 Except [if the child involved is subject to the jurisdiction of an Indian tribe pursuant to the Indian Child Welfare Act,] as otherwise provided in section 26 of this act, the district courts of this State have original jurisdiction in adoptionadoptiondistrict proceedings.

- *AB444_R1* – 34 – Sec.

127.053 No consent to a specific adoption executed in this State, or executed outside this State for use in this State, is valid unless it:

Indicates whether the person giving the consent has reason to know that the child is an Indian child and, if the person does not have reason to know that the child is an Indian child, includes a statement that the person will inform the court immediately if, before- the82nd entrySession of(2023) the– judgment35 of– adoption under section 45 of this act, the person receives information that provides reason to know that the child is an Indian child.

- *AB444_R1* – 35 – (a) An agency which provides child welfare services;

A petition for adoption of a child who currently residesthe inchild thehas homelived ofin the petitionershome mayfor be30 days.e filed at any time after the2. child has lived in the home for 30 days.

2.

(g) That there has been a full compliance with the law in regard to consent(h) That there has been a full compliance with NRS 127.220 to adoption.127.310, inclusive.

(h) That there has been a full compliance with NRS 127.220 to 127.310, inclusive.

No order of adoption may be entered unless there has been full compliance with the provisions of NRS 127.220 to 127.310, inclusive- [.]82nd ,Session and(2023) the– provisions36 of– sections 2 to 38, inclusive, of this act and sections 42 to 50, inclusive, of this act.

inclusive, of Sec.

- *AB444_R1* – 36 – Sec.

If the Indian child is eligible for membership in more than one tribe, each tribe must be notified.not(b) Transfer the proceedings to the Indian child’s tribe in accordance with the Indian Child Welfare Act.

(b) Transfer the proceedings to the Indian child’s tribe in accordance with the Indian Child Welfare Act.

The proceedings must be entitled, “In the matter of the2.e parentalpA rightspetition asmust tobe ................,verified aand minor.”may 2.be upon information and belief.

A petition must be verified and may be upon information and belief.

(e)- The82nd Session (2023) – 37 – is one.The name and residence of the child’s legal guardian, if there is(f) one.The name and residence of the child’s nearest known relative, if no parent or guardian can be found.

(f) The name and residence of the child’s nearest known relative, if no parent or guardian can be found.

- *AB444_R1* – 37 – Sec.

§§ 1901 et seq.,] as otherwise provided in section 26 of this act, in each judicial district in which it is established, the family court has original, exclusive jurisdiction in any proceeding:

(h)procedures Tofrom approvea theperson withholdingas orauthorized withdrawalby law.l of life-sustaining procedures(i) fromBrought apursuant personto asNRS authorized433A.200 byto law.433A.330, inclusive, for an involuntary court-ordered admission to a mental health facility.

(i) Brought pursuant to NRS 433A.200 to 433A.330, inclusive, for an involuntary court-ordered admission to a mental health facility.

2.- 82nd Session (2023) – 38 – provided in paragraph (m) of subsection 1 of NRS 4.370, the justice court have concurrent jurisdiction over actions for the issuance of a temporary or extended order for protection against domestic violence.

The family court, where established and, except as otherwise provided in paragraph (m) of subsection 1 of NRS 4.370, the justice court have concurrent jurisdiction over actions for the issuance of a temporary or extended order for protection against domestic violence.

or - *AB444_R1* – 38 – (b) Is suspended or has been disbarred from membership in the State Bar of Nevada pursuant to the rules of the Supreme Court.

2.guilty of:person who violates any provision of subsection 1 is (a) For a first offense within the immediately preceding 7 years, a misdemeanor.

A person who violates any provision of subsection 1 is guilty of:

(a) For a first offense within the immediately preceding 7 years, a misdemeanor.

62D.210provisions 1.of this title involves the placement of an Indian child into foster care, the juvenile court shall [:

If a proceeding conducted pursuant to the provisions of this title involves the placement of an Indian child into foster care, the juvenile court shall [:

(b) Transfer the proceedings to the Indian child’s tribe in accordance with the Indian Child Welfare Act or, if a tribe declines or is unable to exercise jurisdiction, exercise jurisdiction as provided in- the82nd IndianSession Child(2023) Welfare– Act.]39 require– that notice of the proceeding and any other notice required pursuant to this chapter be provided in accordance with section 31 of this act.

- *AB444_R1* – 39 – Sec.

432B.190 The Division of Child and Family Services shall, in consultation with each agency which provides child welfare services,ser1.cesRegulations adopt:establishing reasonable and uniform standards for:

1.

Regulations establishing reasonable and uniform standards for:

(g)(h) TheEmergency protectionshelter offor thea legalchild;ghts rights of parents and children;

(h) Emergency shelter for a child;

(1)- Contact82nd informationSession regarding(2023) persons– and40 governmental– entities which provide assistance to persons who are responsible for the welfare of children, including, without limitation, persons and entities which provide assistance to persons who are being investigated for allegedly abusing or neglecting a child;

(I) A person who is responsible for a child’s welfare and who is the subject of an investigation of alleged abuse or neglect of a child, including, without limitation, the legal rights of such a person at the time an agency which provides child welfare services makes initial contact with the person in the course of the investigation and at the time the agency takes the child for placement in protective custody, and the legal right of such a person to be informed of any allegation of abuse or neglect of a child which - *AB444_R1* – 40 – is made against the person at the initial time of contact with the person by (II) Persons who are parties to a proceeding held pursuant to NRS 432B.410 to 432B.590, inclusive, during all stages of the agency;proceeding;

and (II) Persons who are parties to a proceeding held pursuant to NRS 432B.410 to 432B.590, inclusive, during all stages of the proceeding;

(a) Circumstances in which a threat of harm suggests that a child is in(b) The conditions or behaviors of the child’s family which threaten the safety of the child who is unable to protect himself or herself and who is dependent on others for protection, including, without limitation, conditions or behaviors that are beyond the control of the caregiver of the child and create an imminent dangerthreat of serious harm.harm to the child.

(b) The conditionsDivision or behaviors of theChild child’sand familyFamily whichServices threatenshall theensure safetythat of the childappropriate whopersons isor unableentities to protectwhom himselfthe orregulations herselfadopted andpursuant whoto isthis dependentsubsection onapply others for protection, including, without limitation, conditions or behaviors that are beyondprovided thewith controla ofcopy the caregiver of thesuch child- and82nd createSession an(2023) imminent– threat41 of– seriousregulations. harm to the child.

As Theused Divisionin this subsection, “serious harm” includes the threat or evidence of Childserious andphysical Familyinjury, Servicessexual shallabuse, ensuresignificant thatpain theor appropriatemental personssuffering, extreme fear or entitiesterror, toextreme whomimpairment theor regulationsdisability, adopteddeath, pursuantsubstantial toimpairment thisor subsectionrisk applyof aredevelopment.impairment providedto withthe achild’s copymental ofor suchphysical regulations.health or 3.

As used in this subsection, “serious harm” includes the threat or evidence of serious physical injury, sexual abuse, significant pain or mental suffering, extreme fear or terror, extreme impairment or disability, death, substantial impairment or risk of substantial impairment to the child’s mental or physical health or development.

3.

and (c) Determining the experiences of a child who has been placed in the custody of an agency which provides child welfare services during any period the child was missing, including, without - *AB444_R1* – 41 – limitation, determining whether the child may be a victim of sexual abuse or sexual exploitation.

432B.397services 1.for a child that is taken into custody pursuant to this chapter shall make all necessary inquiries in accordance with subsection 1 of section 30 of this act to determine whether there is reason to know that the child is an Indian child.

The agency which provides child welfare services for a child that is taken into custody pursuant to this chapter shall make all necessary inquiries in accordance with subsection 1 of section 30 of this act to determine whether there is reason to know that the child is an Indian child.

Except [if the child involved is subject to the jurisdiction of an Indian tribe pursuant to the Indian Child Welfare Act,] as otherwise provided in section 26 of this act, the court has exclusive original jurisdiction in proceedings concerning any child - 82nd Session (2023) – 42 – domiciled, living or found within the county who is a child in need of protection or may be a child in need of protection.

Action taken by the court because of the abuse or neglect of a child does not preclude the prosecution and conviction of any personperSec. for violation of NRS 200.508 based on the same facts.

Sec.

- *AB444_R1* – 42 – Sec.

After a motion for the termination of parental rights is filed pursuant to NRS 432B.5901, unless a party to be served voluntarily appears and consents to the hearing, and except as otherwise provided in subsection 3, a copy of the motion and notice of the hearing must be served, either together or separately, upon all parties to the proceeding by personal service or, if the whereabouts of the person are unknown, obtaining an order from the court that service may be made by publication in accordance withwithhe the procedure set forth in subsections 1, 4 and 5 of NRS 128.070 and subsection 2.

3.- 82nd Session (2023) – 43 – served appears in court for a hearing held pursuant to this chapter and the court provides the party with a copy of the motion, notifies the party of the date of the hearing on the motion and records such service.

Service shall be deemed to be complete if a party to be served appears in court for a hearing held pursuant to this chapter and the court provides the party with a copy of the motion, notifies the party of the date of the hearing on the motion and records such service.

5.the motion and notice of the hearing on the motion may be sent toy of the attorney electronically instead of by certified mail.

If an attorney has consented to electronic service, a copy of the motion and notice of the hearing on the motion may be sent to the attorney electronically instead of by certified mail.

The court shall ensure that any prospective adoptive parent of the child who is the subject of the motion is provided with a copy - *AB444_R1* – 43 – of the notice of the hearing on the motion.

Not later than September 15, 2024, and each even- numbered year thereafter, the Division of Child and Family Services of the Department of Health and Human Services and the Court Administrator shall report to the Chairs of the Senate and Assembly Standing Committees on Judiciary regarding, as applicable:

4.- 82nd Session (2023) – 44 – members of or of which they were eligible for membership.stody were 5.

Which tribes the Indian children in protective custody were members of or of which they were eligible for membership.

5.

The number of cases that were transferred to tribal court underund10. section 28 of this act.

10.

The efforts the Division and the Court Administrator have taken to ensure compliance with the provisions of sections 2 to 38, - *AB444_R1* – 44 – inclusive, of this act and sections 42 to 50, inclusive, of this act in dependency proceedings.

(a)meaning “Agencyascribed whichto providesit childin welfareNRS 432B.030.fare services” has the (b) “ICWA compliance report” has the meaning ascribed to it in NRSsection 432B.030.49 of this act.

(b) “ICWA compliance report” has the meaning ascribed to it in section 49 of this act.

Not later than March 15, 2025, the Division of Child and Family Services of the Department of Health and Human Services shall submit a report to the Chairs of the Senate and Assembly Standing Committees on Judiciary describing the Division’s implementation of tribal customary adoption as described in section 50 of this act as an alternative permanency option for - 82nd Session (2023) – 45 – wards who are Indian children and the Division’s recommendation for proposed legislation to improve the tribal customary adoption process.

If any provision of sections 2 to 38, inclusive, of this act or sections 42 to 50, inclusive, of this act is found to provide a lower standard of protection to the rights of an Indian child or the Indian child’s parent, Indian custodian or tribe than that provided in the Indian Child Welfare Act:

custodian or tribe than that provided in (a) The higher standard of protection in the Indian Child Welfare Act controls;

- *AB444_R1* – 45 – not apply to any provision of this act which adds or revises a requirement to submit a report to the Legislature.

77.

The provisions of subsection 1 of NRS 218D.380 do not apply to any provision of this act which adds or revises a requirement to submit a report to the Legislature.

Sec.

LEADLINES~~~~~ OF23 REPEALED- SECTIONS82nd 62D.200Session Full(2023) faith and credit given to proceedings of Indian tribe.

127.013 Transfer of proceedings to Indian tribe.

127.017 Extent to which court must give full faith and credit to judicial proceedings of Indian tribe.

128.027 Extent to which court must give full faith and credit to judicial proceedings of Indian tribe.

432B.451 Qualified expert witness required in proceeding to place Indian child in foster care.

432B.465 Full faith and credit to judicial proceedings of Indian tribe.

H - *AB444_R1*