Nevada § 125E.350 - Placement of Indian child

§ 125E.350. Placement of Indian child

1. Except as otherwise provided in subsection 3, if the parental rights of an Indian

child's parents have not been terminated and the Indian child is in need of placement

or continuation in substitute care, the child must be placed in the least restrictive

setting that: (a) Most closely approximates a family, taking into consideration sibling attachment; (b) Allows the Indian child's special needs, if any, to be met; (c) Is in reasonable proximity to the Indian child's home, extended family or siblings;

and (d) Is in accordance with the order of preference established by the Indian child's

tribe or, if the Indian child's tribe has not established placement preferences, is

in accordance with the following order of preference: (1) A member of the Indian child's extended family; (2) A foster home licensed, approved or specified by the Indian child's tribe; (3) A foster home licensed or approved by a licensing authority in this State and

in which one or more of the licensed or approved foster parents is an Indian; or (4) An institution for children that has a program suitable to meet the Indian child's

needs and is approved by an Indian tribe or operated by an Indian organization. 2. Except as otherwise provided in subsection 3, if the parental rights of the Indian

child's parents have been terminated and the Indian child is in need of an adoptive

placement, the Indian child shall be placed: (a) In accordance with the order of preference established by the Indian child's tribe;

or (b) If the Indian child's tribe has not established placement preferences, according

to the following order of preference: (1) With a member of the Indian child's extended family; (2) With other members of the Indian child's tribe; or (3) With other Indian families. 3. If an Indian child is placed outside of the placement preferences set forth in

subsection 1 or 2, the party placing the child shall file a motion requesting that

the court make a finding that good cause exists for placement outside of such placement

preferences. If the court determines that the moving party has established, by clear and convincing

evidence, that there is good cause to depart from the placement preferences under

this section, the court may authorize placement in an alternative placement. The court's determination under this subsection: (a) Must be in writing and be based on: (1) The preferences of the Indian child; (2) The presence of a sibling attachment that cannot be maintained through placement

consistent with the placement preferences established by subsection 1 or 2; (3) Any extraordinary physical, mental or emotional needs of the Indian child that

require specialized treatment services if, despite active efforts, those services

are unavailable in the community where families who meet the placement preferences

under subsection 1 or 2 reside; or (4) Whether, despite a diligent search, a placement meeting the placement preferences

under this section is unavailable, as determined by the prevailing social and cultural

standards of the Indian community in which the Indian child's parent or extended family

resides or with which the Indian child's parent or extended family members maintain

social and cultural ties. (b) Must, in applying the placement preferences under this subsection, give weight

to a parent's request for anonymity if the placement is an adoptive placement to which

the parent has consented. (c) May be informed by but not determined by the placement request of a parent of

the Indian child, after the parent has reviewed the placement options, if any, that

comply with the placement preferences under this section. (d) May not be based on: (1) The socioeconomic conditions of the Indian child's tribe; (2) Any perception of the tribal or United States Bureau of Indian Affairs social

services or judicial systems; (3) The distance between a placement meeting the placement preferences under this

section that is located on or near a reservation and the Indian child's parent; or (4) The ordinary bonding or attachment between the Indian child and a nonpreferred

placement arising from time spent in the nonpreferred placement.