Nevada § 127.1867 - ICWA compliance reports; adoption of regulations by Division; assistance and trainings by Court Administrator

§ 127.1867. ICWA compliance reports; adoption of regulations by Division; assistance and trainings by Court Administrator

1. In a proceeding for the adoption of a minor child, within 90 days after service

of a petition upon the appropriate agency which provides child welfare services as

required pursuant to NRS 127.115 , the agency shall file with the court an ICWA compliance report, which must reflect

the agency's review of the petition and advise the court on whether the documentation

submitted by the petitioner is sufficient and complete for the court to make the findings

required pursuant to subsection 2. Nothing in this section requires the agency to make a determination of law regarding

the documentation provided by the petitioner. 2. Upon receiving an ICWA compliance report, the court shall order the matter to proceed

if the court finds that the petitioner satisfied the inquiry requirements under subsection

1 of NRS 125E.210 and, if applicable, the notice requirements under subsection 2 of NRS 125E.220 . If the court finds that: (a) Subject to the procedures under subsection 3 of NRS 125E.210 , the child is an Indian child, the court's order under this subsection must include

a finding regarding whether the proposed adoptive placement complies with the preferences

under NRS 125E.350 . If the court finds that the proposed adoptive placement does not comply with such

preferences or that the documentation provided by the petitioner is insufficient for

the court to make a finding, the court shall direct the petitioner to amend the petition

to cure the deficiency or file a motion under subsection 3 of NRS 125E.350 , for authority to make the placement contrary to the placement preferences under NRS 125E.350 . (b) The petitioner failed to satisfy the inquiry requirements under subsection 1 of NRS 125E.210 or, if applicable, the notice requirements under subsection 2 of NRS 125E.220 , or if the documentation supplied by the petitioner is insufficient for the court

to make those findings, the court shall direct the petitioner to cure the inquiry

or notice deficiency and file an amended petition. If the court directs the petitioner to file an amended petition pursuant to this

subsection or a motion and the petitioner fails to do so within a reasonable amount

of time, the court shall order the petitioner to appear and show cause why the court

should not dismiss the petition. 3. The Division shall adopt regulations providing a nonexhaustive description of the

documentation that petitioners or moving parties in proceedings under this chapter

may submit to the court to document compliance with the inquiry requirements under

subsection 1 of NRS 125E.210 and notice requirements under subsection 2 of NRS 125E.220 and the placement preferences under NRS 125E.350 , including, without limitation: (a) Descriptions of the consultations the petitioner or moving party made with the

persons described in subsection 1 of NRS 125E.210 and subsection 3 of NRS 125E.220 and the responses the petitioner or moving party obtained; (b) Descriptions of any oral responses and copies of any written responses the petitioner

or moving party obtained from the persons described in subsection 1 of NRS 125E.210 and subsection 3 of NRS 125E.220 ; (c) Copies of any identification cards or other records indicating the membership

of the child or the child's parent in an Indian tribe; (d) Copies of any tribal court records regarding the Indian child; (e) Any reports, declarations or testimony on the record documenting the due diligence

of the petitioner or moving party to identify and work with all of the tribes of which

the petitioner or moving party has reason to know that the child may be a member or

in which the child may be eligible for membership; and (f) The declaration of compliance regarding the notices the petitioner sent, as described

in NRS 127.115 . 4. The Division shall adopt any other regulations for the preparation of ICWA compliance

reports that are necessary for agencies which provide child welfare services to carry

out their duties under this chapter. 5. The Court Administrator may prepare and make available to the public forms and

information to assist petitioners to comply with the requirements under this section

and NRS 125E.210 , 125E.220 , 125E.350 and 127.115 and any related rules or regulations, including, without limitation: (a) Forms of petitions required under NRS 127.115 , motions to request a deviation from the placement preferences under subsection 3

of NRS 125E.350 and notices required under subsection 3 of NRS 125E.220 ; and (b) Worksheets and checklists to assist petitioners with the inquiry required under

subsection 1 of NRS 125E.210 and the notices required under subsection 2 of NRS 125E.220 , and assessing whether proposed adoptive placements satisfy the preferences under NRS 125E.350 . 6. The Court Administrator may design and offer trainings to courts having jurisdiction

over adoption matters regarding the application of NRS 125E.010 to 125E.370 , inclusive, and NRS 127.041 , 127.115 , 127.151 and 127.1861 to 127.1869 , inclusive, to adoptions of minor children, including, without limitation, identifying

when there is reason to know that the child is an Indian child and making findings

regarding the sufficiency of inquiry and notice and the appropriateness of adoptive

placements. 7. As used in this section, “ ICWA compliance report ” means a written report prepared by an agency which provides child welfare services

concerning compliance with the Indian Child Welfare Act.