Nevada § 127.115 - Additional contents of petition relating to whether there is reason to know child is Indian child

§ 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: (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.