or (3) an Indian child is being adopted by a stepparent or other nonbiological parent in a confirmatory adoption.

Senate Amendment No.

676 to Assembly Bill No.

444 First Reprint Page 4 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 21 of thisSectionthis bill establishes the order of priority for the Section 22 of this bill requires the appropriate agency which provides child welfare services to:

(1) provide assistance with enrolling an Indian child who is a child in need of protection or who may be in need of protection in a tribe with which the child is eligible for enrollment unless the Indian child’s parent objects;

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.

- 82nd Session (2023) – 2 – Section 24 of this bill requires a court to:

and (2) communicate with any tribal courts to the extent necessaryneceSection 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 determinations.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 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 any Indian tribe outside of Nevada if the tribe has significant numbers of Indianh children who reside in Nevada and are members of or eligible for membership with the tribe.

Section 27 also establishes various other provisionsof regardingthis suchbill sets forth the actions that a transfercourt andis therequired denialto oftake suchupon granting a transfer bymotion theunder court.section 27.

Section 2829 of this bill setsestablishes forthrequirements thefor actionscertain thatpersons aand the court iswith requiredregard to takedetermining uponwhether granting a transferchild motionis underan sectionIndian 27.child in child custody proceedings.

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 procSection 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 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 andande nature of 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 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 expertdexpert 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 tribeSenate identifyAmendment oneNo. or more persons who can testify as a qualified witness.

676 to Assembly Bill No.

444 First Reprint Page 5 tribe identify one or more persons who can testify as a qualified witness.

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 - 82nd Session (2023) – 3 – efforts have been made to prevent the breakup of or tSection 34 of this bill authorizes a tribe that is a party to reunitea proceeding to be represented by any person, regardless of whether the family.person is licensed to practice law.

Section establishes34 requirementsalso relatingauthorizes an attorney who is not barred from practicing law in Nevada to activeappear efforts.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 3435 of this bill authorizesprovides a tribe that isin a partyproceeding toinvolving a child custodywho proceedingis toor may be representedin byneed anyof person,protection, regardlessif ofthe whetherchild is an Indian child, the personcourt is licensedrequired to practiceappoint law.counsel to represent the Indian child and, in certain circumstances, also appoint counsel to represent the Indian child’s parent or Indian custodian.

Section 34 also authorizes an attorney who is not barred from practicing law in Nevada to appear in any proceeding involving an Indian satisfaction of the State Bar of Nevada that certain requirements are met.o the 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 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 providesprecluded childunder welfarestate servicesor thatfederal arelaw.are not otherwise subject to a discovery exception or precludedSection under37 stateof orthis federalbill law.establishes requirements concerning the:

Section 37 of this bill establishes requirements concerning the:

and (2) placement of an Indian child if the parental rights of the Indian child’s parents have been terminated and the alternative placement of an Indian child is in certainneed circumstances.authorizes the Section 38 of this bill authorizes certain persons to file a petition to vacate an orderadoptive orplacement. 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 3837 requiresalso authorizes the courtalternative toplacement vacateof an orderIndian orchild judgmentin regarding jurisdiction, placement, guardianship or the termination of parental rights if certain provisionscircumstances. of sections 2-38 have been violated and the court determines that vacating the order or judgment is proper.

SectionsSection 42-5038 of this bill establishauthorizes provisionscertain specificallypersons relatingto file a petition to vacate an order or a judgment involving an Indian child regarding jurisdiction, placement, guardianship or the adoptiontermination of Indianparental children.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 court determines that vacating the order or judgment is proper.s 2-38 have been violated and the Sections 42-50 of this bill establish provisions specifically relating to the adoption of Indian children.

(1) requires written consent to the adoption of an Indian child to be given by the Indian child’s parents concerningunless suchtheir consent;parental rights have been terminated;

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

Sectionand 46(3) of this bill authorizes the filingwithdrawal of asuch petitionconsent. 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 4745 of this bill requiresestablishes aprovisions courtconcerning to provide notice to certain persons and the appropriateentry agencyof which provides child welfare services if a judgment offor adoption of an Indian child is vacated and, unless the returnadoption 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, returnincluding custodycertain ofrequirements therelating Indian child to the formeradoption parentof oran prior Indian custodianchild. or restore parental rights.

Section 4846 of this bill requiresauthorizes that access to the adoptionfiling records of ana Indianpetition Interior not later than 14 days after the request for such records.retary of the Section 49 of this bill requires the appropriate agency which provides child welfare services to filevacate with the court in a proceedingjudgment forof the adoption of aan minorcourt childfinds aby writtenclear complianceand reportconvincing evidence that reflects the agency’sconsent review of thea petitionparent for adoption and advises the court on whether the petitioner submitted complete and sufficient documentation relating to the petitioner’sadoption compliancewasd with the inquiryobtained andthrough noticefraud requirementsor andduress. placement preferences.

Section 4947 requiresof thethis Divisionbill ofrequires Childa andcourt Familyto Servicesprovide ofnotice theto Departmentcertain ofpersons Health and Humanthe Servicesappropriate (hereinafteragency “Division”)which toprovides adoptchild regulationswelfare providingservices if a nonexhaustivejudgment descriptionof adoption of thean documentationIndian thatchild mayis bevacated submittedand, tounless the courtreturn asof evidencecustody of suchthe complianceIndian andchild anyto othera regulationsformer forparent or prior Indian custodian or the preparationrestoration of suchparental compliancerights reportsis thatnot arein necessarythe forbest agenciesinterests whichof providethe childchild, welfarereturn servicescustody of the Indian child to carrythe outformer theirparent duties.or prior Indian custodian or restore parental rights.

Section 4948 also authorizes the Court Administrator to prepare and to design and offer trainings to courts having jurisdiction over adoption matters.nd Section 50 of this bill establishesrequires provisionsthat governingaccess tribalto customary adoption, which is the adoption records of an Indian child bybe andgiven throughto the tribalIndian custom,child’s traditionstribe or lawthe United States Secretary of the child’sInterior tribenot withoutlater than 14 days after the terminationrequest offor parentalsuch rights.records.

Senate Amendment No.

676 to Assembly Bill No.

444 First Reprint Page 6 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 nonexhaustive description of the documentation that may be submitted to the court as a 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 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 tribaltribalate and customary adoption as an alternative permanency option for wards who are Indian children and the Division’s recommendation for proposed legislation to imprSectionimprove 65 of this bill requires the Divisiontribal tocustomary adoptadoption regulationsprocess. necessary for the implementation of sections 2-38 and 42-50.

Section [51.5] 41.5 of this bill [revises certain provisions concerning the State Register for Adoptions, which is maintained by the Division in its central office.] provides that the provisions of sections 42-50 do not apply if:

(1) in certain circumstances, a parent of an Indian child is voluntarily terminating his or her parental rights and an extended family member of the Indian child is subsequently adopting the Indian child upon the termination of the parental rights of the parent;

(2) an Indian child is being adopted after being born to a gestational carrier pursuant to a gestational agreement;

or (3) an Indian child is being adopted by a stepparent or other nonbiological parent in a confirmatory adoption.

Section 57 of this bill similarly provides that provisions relating an Indian child do not apply in certain circumstances if a parent of an Indian child isof voluntarily terminating his or her parental rights and an extended family member of the Indian child is subsequently adopting the Indian child upon the termination of the parental rights of the parent.

Section 65 of this bill requires the Division to adopt regulations necessary for the implementation of sections 2-38 and 42-50.

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.

-W 82ndHEREAS, SessionCurrent (2023)research –shows 5that –family, EXPLANATIONculture –and Mattercommunity inpromote boldedresiliency italicsand ishealth new;development in Indian children;

matterand betweenW bracketsHEREAS, [omittedCongress, material]working iswith materialtribal tonations, betribal omitted.leadership and advocates for Indian children, passed the Indian Child Welfare Act, 25 U.S.C.

W§§ HEREASSenate ,Amendment CurrentNo. research shows that family, culture and community promote resiliency and health development in Indian children;

and676 Wto HEREASAssembly ,Bill Congress,No. working with tribal nations, tribal leadership and advocates for Indian children, passed the Indian Child Welfare Act, 25 U.S.C.

§§444 First Reprint Page 7 1901 et seq., in 1978 to stop the removal of Indian children from their homes, families and communities;

and W HEREASHEREAS, , At the time Congress passed the Indian Child Welfare Act, Indian children were being removed by public and private agencies at rates as high as 25 percent to 35 percent;

and W HEREASHEREAS, , Indian children continue to be removed from their homes at rates higher than other non-Indian children;

and W HEREASHEREAS, , Despite requirements under the Indian Child Welfare Act, application of the Indian Child Welfare Act in Nevada courts is inconsistent;

and W HEREASHEREAS, , Clearly addressing in state law the coordination between and respective roles of the state and tribes regarding the provision of child welfare services to Indian children will provide uniform and consistent direction to state courts, tribes and practitioners to prevent unlawful removals of Indian children from their families and promote the stable placement of Indian children in loving, permanent homes that are connected to family and culture;

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

2.

1.

The Legislature hereby finds that the United States Congress recognizes the special legal status of Indian tribes and their members.

- 82nd Session (2023) – 6 – 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.

3.5.3.5.“Agency” means an agency which provides child welfare services, as defined in NRS 432B.030.

“Agency” means an agency which provides child welfare services, as defined in NRS 432B.030.

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

Sec.Senate Amendment No.

676 to Assembly Bill No.

444 First Reprint Page 8 Sec.

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.

- 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 Sec.the 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 proceedingsproceedings. involving an Indian child.

(Deleted1. by amendment.) Sec.

Notwithstanding any other provision of law, the provisions of sections 2 to 38, inclusive, of this act do not apply if:

(a) A parent of an Indian child is voluntarily terminating his or her parental rights and the provisions of chapter 432B of NRS do not apply, and an extended family member of the Indian child is subsequently adopting the Indian child upon the termination of the parental rights of the parent of the Indian child;

(b) An Indian child is being adopted after being born to a gestational carrier pursuant to a gestational agreement;

or Senate Amendment No.

676 to Assembly Bill No.

444 First Reprint Page 9 (c) An Indian child is being adopted by a stepparent or other nonbiological parent in a confirmatory adoption.

2.

As used in this section:

(a) “Confirmatory adoption” means an adoption in which a nonbiological parent of a child, including, without limitation, a stepparent, co-parent or second parent, adopts the child to confirm the parental rights of the nonbiological parent.

(b) “Gestational agreement” has the meaning ascribed to it in NRS 126.570.

(c) “Gestational carrier” has the meaning ascribed to it in NRS 126.580.

Sec.

- 82nd Session (2023) – 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, etchapter seq.,125A, or127, any128 applicable regulations or rules regarding§ sections 2 to 38, inclusive, of this act, chapter 432B of NRSNRS, or the Indian Child Welfare Act, the25 courtU.S.C. 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:

domicile2. 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 involvingunder anchapter Indian432B child,of 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 the last known mailing address of each of the Indian child’s parents.

Sec.Senate Amendment No.

676 to Assembly Bill No.

444 First Reprint Page 10 Sec.

In a child custody proceeding in which an the Indian child’schild tribeis is:ealleged to be within the jurisdiction of the court, (a) If the Indian childchild’s is a member of or is eligible for membership in only one tribe, the tribe ofis: 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 dom(c)domicile Theor tribalresidence membershipon ofor near the Indianreservation child’sof custodialbe;each tribe;

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

and (f) If the court determines that the Indian child is of sufficient age and capacity to meaningfully self-identify, the self-self-identification identification of the Indian child.

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 childproceeding custodyunder proceedingchapter 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 thean 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 court.

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

Sec.

Agencies shall make a good faith effort to enter into a tribal-statetribal- state agreement with any Indian tribe within the borders of this State.

(a)Senate ProvideAmendment forNo. 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 terms of the tribal-state agreement;

andion676 to implementAssembly (b)Bill IfNo. 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.

444 First Reprint Page 11 (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;

and (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 communications.ngwithout informing the parties or creating a record of the 4.communications.

4.

If the Indian child’s tribe contests the assertion that good cause exists to deny the transfer, the court determinationshall whethergive good cause exists to deny the transferingtribe’s aargument motion,substantial theweight. 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;

or (c)Senate TheAmendment courtNo. finds by clear and convincing evidence, after hearing, that good cause exists to deny the transfer.

676 to Assembly Bill No.

444 First Reprint Page 12 (c) The court finds by clear and convincing evidence, after hearing, that good cause exists to deny 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;

DirectIf 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) 82ndDemonstrate Sessionto (2023)the –court 13that –he or she made efforts to determine whether a child is an Indian child.echild. made efforts to 2.

2.

child(c) resides;sonAny person having custody of the child or with whom the (d)child Extendedresides; family members of the child;

(e)(d) AnyExtended otherfamily personmembers whoof may reasonably be expected to have information regarding the child’schild; membership or eligibility for membership in a Indian tribe;

Senate Amendment No.

676 to Assembly Bill No.

444 First Reprint Page 13 (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 any(i)any Anyway other indicia provided to the court or the person, or within the knowledge of the court or the person, indicates that the child ismay 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.

(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 annot 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.

If the court finds under subsection 3 that there is reason to know that the child is an Indian child but the court does not have sufficient evidence to make a finding that the child is or is not an Indian child, the court shall require the appropriate agency or other party to submit a report, declaration or testimony on the record that the agency or other party used due diligence to identify and work with all of the tribes of which the child may be a member or in which the child maySenate beAmendment eligibleNo. for membership to verify whether the child is a member or is eligible for membership.

676 to Assembly Bill No.

444 First Reprint Page 14 may be eligible for membership to verify whether the child is a member or is eligible for membership.

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 confidential.confidential 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.

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

§ 23.11(b), if thesthe 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,rsknown, information regarding the child’s direct lineal ancestors, an ancestral chart for each biological parent, and the child’s tribal affiliations and blood quantum;

(7)Senate AAmendment statementNo. that the child’s parent or Indian custodian has the right to participate in the proceeding as a party to the proceeding;

(8)676 A statement that the child’s tribe has the right to participateAssembly inBill theNo. proceeding as a party or in an advisory capacity;

(9)444 AFirst statementReprint thatPage if15 the(7) courtIn determinesa thatproceeding theunder child’schapter parent432B orof IndianNRS: custodian is unable to afford counsel, the parent or Indian custodian has the right to court-appointed counsel;

(10)(I) A statement that the child’s parent,parent or Indian custodian or tribe has the right,right upon request, to upparticipate toin 20the additionalproceeding daysas toa prepareparty forto the proceeding;

(11)(II) A statement that the child’s parent,tribe Indianhas custodian custody proceeding to the tribalright court;court to transferparticipate thein child (12) A statement describing the potential legal consequences of the proceeding onas thea futureparty parentalor andin custodialan rightsadvisory ofcapacity; the parent or Indian custodian;

(13)(III) TheA mailingstatement addressesthat andif telephonethe numberscourt ofdetermines that the courtchild’s andparent contactor informationIndian forcustodian allis partiesunable to afford counsel, the proceeding;parent or Indian custodian has the right to court-appointed counsel;

and (14)(IV) A statement that the informationchild’s containedparent, inIndian thecustodian noticeor istribe confidentialhas and that the noticeright, shouldupon notrequest, beto sharedup with any person not needing the information to exercise20 rightsadditional underdays sections 2 to 38,prepare inclusive,for ofthe thisproceeding; act.

(8) A statement that the child’s parent, Indian custodian or tribe has the right to petition the court to transfer the child custody proceeding to the tribal court;

(9) A statement describing the potential legal consequences of the proceeding on the future parental and custodial rights of the parent or Indian custodian;

(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 82ndfederal Sessionand (2023)state –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.

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 damSec.damage 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.

3.Senate Amendment No.

A676 person is a qualified expert witness under this section if qualified to testifyAssembly toBill theNo. prevailing social and cultural standards of the tribe.

444 First Reprint Page 16 3.

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 prevailingofprevailing social and cultural standards and child rearing practices in Indian tribes with cultural similarities to the child’s tribe.

(b) IncludeIf 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 Indiancooperation childof 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) 82ndThe Sessionattorney (2023)will –appear 19in –a court in this State for the limited purpose of participating in a proceeding under chapterhechapter 432B of NRS subject to the provisions of sections 2 to 38, inclusive, of this act;

and (c)Senate TheAmendment IndianNo. child’s tribe has affirmed the Indian child’s membership or eligibility for membership under tribal law.

676 to Assembly Bill No.

444 First Reprint Page 17 (c) The Indian child’s tribe has affirmed the Indian child’s membership or eligibility for membership under tribal law.

If a child in a childproceeding custodyunder proceedingchapter 432B of NRS is an 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 charges.elatingagency relating to an ongoing investigation before bringing Sec.charges.

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:

2.Senate Amendment No.

Except676 asto otherwiseAssembly providedBill inNo. subsection 3, if the parental rights of the Indian child’s parents have been terminated Indian child shall be placed:ed of an adoptive placement, the (a) In accordance with the order of preference established by the Indian child’s tribe;

444 First Reprint Page 18 2.

Except as otherwise provided in subsection 3, if the parental rights of the Indian child’s parents have been terminated and the Indian child is in need of an adoptive placement, the Indian child shall be placed:

(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 82ndcourt Sessionmay (2023)authorize –placement 21in –an Thealternative 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 fam(b)family Must,members inmaintain applyingsocial theand placementcultural preferencesties. 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.

(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 rese(4)reservation Theand ordinary bonding or attachment between the Indian childchild’s andparent; 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)Senate TheAmendment IndianNo. child’s parent or Indian custodian from whose custody such child was removed or whose parental rights were ter(c) The Indian child’s tribe.

676 to Assembly Bill No.

444 First Reprint Page 19 (b) The Indian child’s parent or Indian custodian from whose custody such child was removed or whose parental rights were terminated;

or (c) The Indian child’s tribe.

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.minationNRS. 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 [42] 41.5 to 50, inclusive, of thiSec.this act.

Sec.

(Deleted1. by amendment.) Sec.

Notwithstanding any other provision of law, the provisions of sections 42 to 50, inclusive, of this act, do not apply if:

(a) A parent of an Indian child is voluntarily terminating his or her parental rights and the provisions of chapter 432B of NRS do not apply, and an extended family member of the Indian child is subsequently adopting the Indian child upon the termination of the parental rights of the parent of the Indian child;

(b) An Indian child is being adopted after being born to a gestational carrier pursuant to a gestational agreement;

or (c) An Indian child is being adopted by a stepparent or other nonbiological parent in a confirmatory adoption.

2.

As used in this section:

(a) “Confirmatory adoption” means an adoption in which a nonbiological parent of a child, including, without limitation, a stepparent, co-parent or second parent, adopts the child to confirm the parental rights of the nonbiological parent.

Senate Amendment No.

676 to Assembly Bill No.

444 First Reprint Page 20 (b) “Extended family member” has the meaning ascribed to it in section 7 of this act.

(c) “Gestational agreement” has the meaning ascribed to it in NRS 126.570.

(d) “Gestational carrier” has the meaning ascribed to it in NRS 126.580.

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 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:

If a petition for adoption of a child concerns the adoption of an Indian child, except as otherwise provided in subsection 4 and unless the parentalSenate rightsAmendment ofNo. the Indian child’s parents have been terminated, consent in writing to the adoption must be given by the Indian child’s parents.

676 to Assembly Bill No.

444 First Reprint Page 21 parental rights of the Indian child’s parents have been terminated, consent in writing to the adoption must be given by the Indian child’s parents.

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 82ndsection. 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.

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

(g)Senate AAmendment findingNo. that the petitioner complied with the notice requirements under subsection 2 of section 31 of this act;

-676 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 maintainAssembly connectionBill betweenNo. the child 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.

444 First Reprint Page 22 (g) A finding that the petitioner complied with the notice requirements under subsection 2 of section 31 of this act;

(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 and the child’s tribe, the terms of the agreement;

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 BureauSecretary of Indianthe AffairsInterior copies of the judgment entered under this section,section and any affidavitdocument signed by a consenting parent requesting anonymity,anonymity. and all other required information in accordance with 25 C.F.R.

§ 23.140.

judgment3. 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;

After a hearing on the petition, the court shall vacate the judgment of adoption if:

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

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.

names(a) asInclude reflected in the courtIndian record;ntchild’s current name and any former (b)names Informas thereflected recipientin of the right to move the court forrecord; 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;

An Indian child’s former parent or prior Indian custodian may waive notice under this section by executing a waiver of notice in person before the courtSenate andAmendment filingNo. the waiver with the court.

676 to Assembly Bill No.

444 First Reprint Page 23 court and filing the waiver with the court.

an5. 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.

At 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.

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:

the(b) IndianEach tribe of which the child may be eligiblea formember membership;mber or in which (c)the TheIndian child’schild parents;may be eligible for membership;

(c) The child’s parents;

9.

As used in this section:

(b)Senate “PriorAmendment IndianNo. custodian” means a person who was previously the custodian of an Indian child subject to a judgment of adoption of the child under this chapter.

676 to Assembly Bill No.

444 First Reprint Page 24 (b) “Prior Indian custodian” means a person who was previously the custodian of an Indian child subject to a judgment of adoption of the child under this chapter.

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 82ndand, Sessionif (2023)the –placement 29departs –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 forrfor the court to make those findings, the court shall direct the petitioner to cure the inquiry or notice deficiency and file an 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 3Senate ofAmendment sectionNo. 31 of this act and the responses the petitioner or moving party obtained;

676 to Assembly Bill No.

444 First Reprint Page 25 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 pet4.ionThepetitioner Divisionsent, shallas adoptdescribed anyin othersection regulations42 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.act.

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.

and (b) Worksheets and checklists to assist petitioners with the inquiry required under subsection 1 of section 30 of this act andthe -notices 82ndrequired Sessionunder (2023)subsection –2 of section 31 –of this act, and assessing whether proposed adoptive placements satisfy theact,the 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 consentsact, toof thea tribalward customarywho adoption:theis an Indian child’s tribe (a) The appropriate agency which provides child welfareand services shall provide the Indian child’s tribe andconsents proposed tribal customary adoptive parents with a written report on the Indian child, including, without limitation, to the extenttribal notcustomary otherwiseadoption: 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.

(1)Senate IncludesAmendment federalNo. criminal background checks, including reports of child abuse, that meet the standards applicable under the laws of this State for all other proposed adoptive placements;

Indian676 child’sto tribeAssembly asBill theNo. standards for evaluation of the proposed adoptive placement;

444 First Reprint Page 26 (1) Includes federal criminal background checks, including reports of child abuse, that meet the standards applicable under the laws of this State for all other proposed adoptive placements;

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

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 - 82nd Session (2023) – 33 – 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.

6.Senate Amendment No.

676 to Assembly Bill No.

444 First Reprint Page 27 6.

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 for10.forms for the implementation of this section.

10.

- 82nd Session (2023) – 34 – Sec.

(Deleted[NRS by127.007 amendment.)is Sec.hereby 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.

Senate Amendment No.

676 to Assembly Bill No.

444 First Reprint Page 28 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.] (Deleted by amendment.) 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 adoptiondistrictadoption proceedings.

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 82ndthe Sessionentry (2023)of –the 35judgment –of adoption under section 45 of this act, the person receives information that provides reason to know that the child is an Indian child.

If neither the petitioner nor the spouse of a petitioner is related to the child within the third degreeSenate ofAmendment consanguinity,No. then one of the witnesses must be a social worker employed by:

676 to Assembly Bill No.

444 First Reprint Page 29 degree of consanguinity, then one of the witnesses must be a social worker employed by:

A petition for adoption of a child who currently theresides child has lived in the home forof 30the days.epetitioners may be filed at any time after 2.the child has lived in the home for 30 days.

2.

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

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

No[No] Except as otherwise provided in sections 17.5 and 41.5 of this act, 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, (2023)and –the 36provisions –of sections 2 to 38, inclusive, of this act and sections 42 to 50, inclusive, of this act.

inclusive, of Sec.

If[If] Except as otherwise provided in subsection 3, if proceedings pursuant to this chapter involve the termination of parental rights of the parent of an Indian child, the court shall [:

If the Indian child is eligible for membership in more than one tribe, each tribe must be not(b)notified. 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.

2.Senate Amendment No.

676 to Assembly Bill No.

444 First Reprint Page 30 2.

3.

The provisions of this section do not apply if a parent of an Indian child is voluntarily terminating his or her parental rights and the provisions of chapter 432B of NRS do not apply, and an extended family member of the Indian child is subsequently adopting the Indian child upon the termination of the parental rights of the parent of the Indian child.

As used in this subsection, “extended family member” has the meaning ascribed to it in section 7 of this act.

The proceedings must be entitled, “In the matter of 2.ethe pAparental petitionrights mustas beto verified................, anda mayminor.” be2. upon information and belief.

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

-(e) 82ndThe Session (2023) – 37 – is one.The name and residence of the child’s legal guardian, if there (f)is Theone. 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.

§§ 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:

procedures(h) fromTo aapprove personthe aswithholding authorizedor bywithdrawal law.l of life-sustaining (i)procedures Broughtfrom pursuanta toperson NRSas 433A.200authorized toby 433A.330,law. inclusive, for an involuntary court-ordered admission to a mental health facility.

Senate Amendment No.

676 to Assembly Bill No.

444 First Reprint Page 31 (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.

guilty2. 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.

provisions62D.210 of1. 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 82ndthe SessionIndian (2023)Child –Welfare 39Act.] –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.

(Deleted by amendment.) Sec.Senate Amendment No.

676 to Assembly Bill No.

444 First Reprint Page 32 Sec.

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

1.

Regulations establishing reasonable and uniform standards for:

(h)(g) EmergencyThe shelterprotection forof athe child;ghtslegal rights of parents and children;

(h) Emergency shelter for a child;

-(1) 82ndContact Sessioninformation (2023)regarding –persons 40and –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 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 proceeding;agency;

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)Senate CircumstancesAmendment inNo. which a threat of harm suggests that a child is (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 threat of serious harm to the child.

676 The Division of Child and Family Services shall ensure that the appropriate persons or entities to whomAssembly theBill regulationsNo. adopted pursuant to this subsection apply are provided with a copy of such - 82nd Session (2023) – 41 – regulations.

As444 usedFirst inReprint thisPage subsection,33 “serious(a) harm”Circumstances includesin thewhich a threat or evidence of seriousharm physicalsuggests injury,that sexuala abuse,child significantis painin orimminent mentaldanger suffering, extreme fear or terror, extreme impairment or disability, death, substantial impairment or risk of development.impairmentserious toharm. the child’s mental or physical health or 3.

(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 threat of serious harm to the child.

 The Division of Child and Family Services shall ensure that the appropriate persons or entities to whom the regulations adopted pursuant to this subsection apply are provided with a copy of such regulations.

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.

services432B.397 for1. 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 perSec.person for violation of NRS 200.508 based on the same facts.

Sec.

1.Senate Amendment No.

676 to Assembly Bill No.

444 First Reprint Page 34 1.

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 withhewith 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.

the5. 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.

Sec.Senate Amendment No.

676 to Assembly Bill No.

444 First Reprint Page 35 Sec.

Not later than September 15, 2024, and each even-even-numbered 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 und10.under section 28 of this act.

10.

meaning(a) ascribed“Agency towhich itprovides inchild NRSwelfare 432B.030.fare services” has the (b) “ICWA compliance report” has the meaning ascribed to it in sectionNRS 49432B.030. 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 protectionSenate toAmendment theNo. rights of an Indian child or the the Indian Child Welfare Act:

custodian676 orto tribeAssembly thanBill thatNo. provided in (a) The higher standard of protection in the Indian Child Welfare Act controls;

444 First Reprint Page 36 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:

(a) The higher standard of protection in the Indian Child Welfare Act controls;

~~~~~LEADLINES 23OF -REPEALED 82ndSECTIONS Session62D.200 (2023)Full 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.