Nevada § 125E.220 - Notice in emergency and child custody proceedings; recipients of notice; language access services; hearing

§ 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 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. Notification under this subsection must include the basis for the child's removal,

the time, date and place of the initial hearing and a statement that the tribe has

the right to participate in the proceeding as a party or in an advisory capacity. 2. Except as provided in subsection 1, if there is reason to know that a child in

a child custody proceeding who is alleged to be within the court's jurisdiction is

an Indian child and notice is required, the party providing notice shall: (a) Promptly send notice of the proceeding as described in subsection 3; and (b) File a copy of each notice sent pursuant to this section with the court, together

with any return receipts or other proof of service. 3. Notice under subsection 2 must be: (a) Sent to: (1) Each tribe of which the child may be a member or of which the Indian child may

be eligible for membership; or (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 tribe cannot be ascertained. (b) Sent by registered or certified mail, return receipt requested. (c) In clear and understandable language and include the following: (1) The child's name, date of birth and, if known, place of birth; (2) To the extent known: (I) All names, including maiden, married and former names or aliases, of the child's

parents, the places of birth of the child's parents' and tribal enrollment numbers;

and (II) The names, dates of birth, places of birth and tribal enrollment information

of other direct lineal ancestors of the child; (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, information regarding the child's direct lineal ancestors, an ancestral chart

for each biological parent, and the child's tribal affiliations and blood quantum; (5) In a child custody proceeding, a copy of the petition or motion initiating the

proceeding and, if a hearing has been scheduled, information on the date, time and

location of the hearing; (6) The name of the petitioner and the name and address of the attorney of the petitioner; (7) A statement that the child's parent or Indian custodian has the right to participate

in the proceeding as a party to the proceeding; (8) A statement that the child's tribe has the right to participate in the proceeding

as a party or in an advisory capacity; (9) A statement that if the court determines that the child's parent or Indian custodian

is unable to afford counsel, the parent or Indian custodian has the right to court-appointed

counsel; (10) A statement that the child's parent, Indian custodian or tribe has the right,

upon request, to up to 20 additional days to prepare for the proceeding; (11) 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; (12) A statement describing the potential legal consequences of the proceeding on

the future parental and custodial rights of the parent or Indian custodian; (13) The mailing addresses and telephone numbers of the court and contact information

for all parties to the proceeding; and (14) 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 NRS 125E.010 to 125E.370 , inclusive. 4. If there is a reason to know that the Indian child's parent or Indian custodian

has limited English proficiency, the court must provide language access services as

required by Title VI of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000d et seq., and other applicable federal and state laws. 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. 5. If a child is known to be an Indian child, a hearing may not be held until at least

10 days after the receipt of the notice by the Indian child's tribe or, if applicable,

the United States Bureau of Indian Affairs. Upon request, the court shall grant the Indian child's parent, Indian custodian

or tribe up to 20 additional days from the date upon which notice was received by

the tribe to prepare for participation in the hearing. 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

damage or harm to the Indian child.