Nevada Revised Statutes 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…
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, without limitation, by consulting with:
Terms Used In Nevada Revised Statutes 125E.210
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- person: means a natural person, any form of business or social organization and any other nongovernmental legal entity including, but not limited to, a corporation, partnership, association, trust or unincorporated organization. See Nevada Revised Statutes 0.039
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(a) The child;
(b) The child’s parent or parents;
(c) Any person having custody of the child or with whom the child resides;
(d) Extended family members of the child;
(e) Any other person who may reasonably be expected to have information regarding the child’s membership or eligibility for membership in a Indian tribe; and
(f) Any Indian tribe of which the child may be a member or of which the child may be eligible for membership.
2. A court or person has reason to know that a child in a child custody proceeding is an Indian child if:
(a) The person knows that the child is an Indian child;
(b) The court has found that the child is an Indian child or that there is reason to know that the child is an Indian child;
(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;
(d) The child indicates to the court or the person that the child is an Indian child;
(e) The court or the person is informed that the domicile or residence of the child, the child’s parent or the child’s Indian custodian is on a reservation or in an Alaska Native village;
(f) The court or the person is informed that the child is or has been a ward of a tribal court;
(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 way that the child may be an Indian 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.
3. Except as otherwise provided in NRS 127.1867, 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 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. At the commencement of any hearing in an emergency proceeding or a child custody proceeding, unless the court previously found that the child is an Indian child, the court shall ask, on the record, each person present on the matter whether the person has reason to know that the child is an Indian child and shall make a finding regarding whether there is reason to know that the child is an Indian child.
4. If the court finds under subsection 3 that there is:
(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 child is not 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.
5. 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 may be eligible for membership to verify whether the child is a member or is eligible for membership.
6. A person making an inquiry under this section shall request that any tribe receiving information under this section keep documents and information regarding the inquiry confidential.