Nev. Rev. Stat. § 125E.010
Definitions
As used in this chapter, the words and terms defined in NRS 125E.020 to 125E.160, inclusive, have the meanings ascribed to them in those sections.
Nevada Revised Statutes Chapter 125E — Custody of Indian Children
Nevada · statute · Nev. Rev. Stat. ch. 125E · 37 active provisions
Nev. Rev. Stat. § 125E.020
Agency” defined
“Agency” means an agency which provides child welfare services, as defined in NRS 432B.030.
Nev. Rev. Stat. § 125E.030
Child custody proceeding” defined
“Child custody proceeding” means a matter arising under chapter 432B of NRS in which the legal custody or physical custody of a child is an issue. The term does not include an emergency proceeding.
Nev. Rev. Stat. § 125E.040
Division” defined
“Division” means the Division of Child and Family Services of the Department of Human Services.
Nev. Rev. Stat. § 125E.050
Emergency proceeding” defined
“Emergency proceeding” means any court action that involves the emergency removal or emergency placement of an Indian child, with or without a protective custody order.
Nev. Rev. Stat. § 125E.060
Extended family member” defined
“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…
Nev. Rev. Stat. § 125E.070
Indian” defined
“Indian” means a person who is a member of an Indian tribe or who is an Alaska Native and a member of a regional corporation as defined in section 7 of the Alaska Native Claims Settlement Act, 43 U.S.C. § 1606.
Nev. Rev. Stat. § 125E.080
Indian child” defined
“Indian child” means any unmarried person who has not attained 18 years of age and is: 1. A member or citizen of an Indian tribe; or 2. Eligible for membership or citizenship in an Indian tribe and is the biological child of a member of an Indian tribe.
Nev. Rev. Stat. § 125E.090
Indian custodian” defined
“Indian custodian” means an Indian, other than the Indian child’s parent, who has custody, as described in subsection 1 of NRS 125E.180, of the Indian child, or to whom temporary physical care, custody and control has been transferred by the Indian child’s parent.
Nev. Rev. Stat. § 125E.100
Indian tribe” or “tribe” defined
“Indian tribe” or “tribe” means any Indian tribe, band, nation or other organized group or community of Indians federally recognized as eligible for the services provided to Indians by the United States Secretary of the Interior because of their status as Indians, including any Alaska Native village as defined in 43 U.…
Nev. Rev. Stat. § 125E.110
Juvenile court” defined
“Juvenile court” has the meaning ascribed to it in NRS 62A.180.
Nev. Rev. Stat. § 125E.120
Member” or “membership” defined
“Member” or “membership” means a determination by an Indian tribe that a person is a member or citizen in that Indian tribe.
Nev. Rev. Stat. § 125E.130
Parent” defined
“Parent” means: 1. A biological parent of an Indian child; 2. An Indian who has lawfully adopted an Indian child, including adoptions made under tribal law or custom; or 3. A person who has established a parent and child relationship with an Indian child pursuant to the laws of this State.
Nev. Rev. Stat. § 125E.140
Party” defined
“Party” means a party to a proceeding.
Nev. Rev. Stat. § 125E.150
Reservation” defined
“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.
Nev. Rev. Stat. § 125E.160
Tribal court” defined
“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 pro…
Nev. Rev. Stat. § 125E.170
Legislative findings and declaration
1. The Legislature hereby finds that the United States Congress recognizes the special legal status of Indian tribes and their members. 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 preve…
Nev. Rev. Stat. § 125E.180
When person has custody of Indian child
1. A person has custody of an Indian child under this chapter if the person has physical custody or legal custody of the Indian child under any applicable tribal law, tribal custom or state law. 2. An Indian child’s parent has continued custody of the Indian child if the parent currently has, or previously had, custody…
Nev. Rev. Stat. § 125E.190
Domicile of Indian child and other persons
For purposes of this chapter: 1. A person’s domicile is the place the person regards as home, where the person intends to remain or to which, if absent, the person intends to return. 2. 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…
Nev. Rev. Stat. § 125E.200
Determination of whether there is reason to know child is Indian child
Notwithstanding any other provision of law and in addition to any other requirements, in any child custody proceeding: 1. Each petitioner and every other person otherwise required by the court or by any applicable law shall: (a) Determine whether there is reason to know that the child is an Indian child; and (b) Demons…
Nev. Rev. Stat. § 125E.210
Good faith effort required to determine whether there is reason to know child is Indian child; circumstances in which court or person has reason to know child is Indian child; written findings regarding satisfaction of inquiry requirements; requirements when evidence insufficient to determine whether child is Indian child; confidentiality
1. Except if the person already knows that a child is an Indian child, whenever a person is required in a child custody proceeding to determine whether there is reason to know that the child is an Indian child, the person shall make a good faith effort to determine whether the child is an Indian child, including, witho…
Nev. Rev. Stat. § 125E.220
Notice in emergency and child custody proceedings; recipients of notice; language access services; hearing
1. 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 s…
Nev. Rev. Stat. § 125E.230
Court to consider certain factors when making determination regarding best interest of Indian child
In a child custody proceeding involving an Indian child, when making a determination regarding the best interest of the child in accordance with this chapter and chapter 432B of NRS, the Indian Child Welfare Act of 1978, 25 U.S.C. §§ 1901 et seq., or any applicable regulations or rules regarding this chapter or chapter…
Nev. Rev. Stat. § 125E.240
Determination of Indian child’s tribe; participation of more than one tribe in child custody proceeding
1. In a child custody proceeding in which an Indian child is alleged to be within the jurisdiction of the court, the Indian child’s tribe is: (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) If the Ind…
Nev. Rev. Stat. § 125E.250
Determination of Indian child’s residence and domicile and whether Indian child is ward of tribal court
In any child custody proceeding involving an Indian child that is based on allegations that the Indian child is within the 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 triba…
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