Nevada Revised Statutes 127.115 – Additional contents of petition relating to whether there is reason to know child is Indian child
1. In addition to the requirements set forth in NRS 127.110, a petition for adoption of a child must contain:
Terms Used In Nevada Revised Statutes 127.115
- Agency which provides child welfare services: has the meaning ascribed to it in Nevada Revised Statutes 127.003
- Division: means the Division of Child and Family Services of the Department of Health and Human Services. See Nevada Revised Statutes 127.003
- 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.
- Indian child: has the meaning ascribed to it in Nevada Revised Statutes 127.003
(a) A declaration under penalty of perjury and documentation, as described by the regulations adopted by the Division pursuant to NRS 127.1867, of the petitioner’s good faith efforts described in subsection 1 of NRS 125E.210, to determine whether there is reason to know that the child is an Indian child;
(b) A statement as to whether the petitioner has reason to know that the child is an Indian child; and
(c) If the petitioner has reason to know that the child is an Indian child:
(1) A declaration under penalty of perjury and documentation, as described by the regulations adopted by the Division pursuant to NRS 127.1867, showing that the proposed adoptive placement complies with the requirements under NRS 125E.350; or
(2) A statement that the petitioner is moving the court under subsection 3 of NRS 125E.350 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 NRS 125E.350.
2. A petition for adoption of a child must, if applicable, request the following:
(a) A finding that the petitioner complied with the inquiry requirements under subsection 1 of NRS 125E.210;
(b) A finding of whether there is reason to know that the child is an Indian child; and
(c) If the court finds that the child is an Indian child:
(1) The determinations required under NRS 125E.250 regarding the Indian child’s residence, domicile and wardship status;
(2) A finding that the petitioner complied with the notice requirements under subsection 2 of NRS 125E.220; and
(3) A finding that the adoptive placement complies with the placement preferences under NRS 125E.350 or, if not, that upon the petitioner’s motion under subsection 3 of NRS 125E.350, good cause exists for placement contrary to the placement preferences in NRS 125E.350.
3. If the petitioner has reason to know that the child is an Indian child, within 30 days after filing the petition, the petitioner shall:
(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 NRS 125E.220, to:
(1) Each tribe of which the Indian child may be a member or in which the Indian child may be eligible for membership;
(2) The appropriate Regional Director of the United States Bureau of Indian Affairs listed in 25 C.F.R. § 23.11(b), if the identity or location of the child’s parents, Indian custodian or tribe cannot be ascertained; and
(3) The appropriate agency which provides child welfare services.
(b) File a declaration of compliance with the court, including a copy of each notice sent, together with any return receipts or other proof of service.