Nevada § 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

§ 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, without limitation,

by consulting with: (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.