Nevada § 127.1869 - Tribal customary adoptions; adoption of regulations by Division

§ 127.1869. Tribal customary adoptions; adoption of regulations by Division

1. If the court determines that tribal customary adoption is in the best interests,

as described in NRS 125E.230 , of a ward who is an Indian child and the Indian child's tribe consents to the tribal

customary adoption: (a) The appropriate agency which provides child welfare services shall provide the

Indian child's tribe and proposed tribal customary adoptive parents with a written

report on the Indian child, including, without limitation, to the extent not otherwise

prohibited by state or federal law, the medical background, if known, of the Indian

child's parents, and the Indian child's educational information, developmental history

and medical background, including all known diagnostic information, current medical

reports and any psychological evaluations. (b) The court shall accept a tribal customary adoptive home study conducted by the

Indian child's tribe if the home study: (1) Includes federal criminal background checks, including reports of child abuse,

that meet the standards applicable under the laws of this State for all other proposed

adoptive placements; (2) Uses the prevailing social and cultural standards of the Indian child's tribe

as the standards for evaluation of the proposed adoptive placement; (3) Includes an evaluation of the background, safety and health information of the

proposed adoptive placement, including the biological, psychological and social factors

of the proposed adoptive placement and assessment of the commitment, capability and

suitability of the proposed adoptive placement to meet the Indian child's needs;

and (4) Except where the proposed adoptive placement is the Indian child's current foster

care placement, is completed before the placement of the Indian child in the proposed

adoptive placement. (c) Notwithstanding subsection 2, the court may not accept the tribe's order or judgment

of tribal customary adoption if any adult living in the proposed adoptive placement

has a felony conviction for child abuse or neglect, spousal abuse, crimes against

a child, including child pornography, or a crime involving violence. The Division shall, by regulation, define “ crime involving violence ” for the purposes of this paragraph. The definition must include rape, sexual assault and homicide, but must not include

other physical assault or battery. 2. The court shall accept an order or judgment for tribal customary adoption that

is filed by the Indian child's tribe if: (a) The court determines that tribal customary adoption is an appropriate permanent

placement option for the Indian child; (b) The court finds that the tribal customary adoption is in the Indian child's best

interests, as described in NRS 125E.230 ; and (c) The order or judgment: (1) Includes a description of the modification of the legal relationship of the Indian

child's parents or Indian custodian and the Indian child, including any contact between

the Indian child and the Indian child's parents or Indian custodian, responsibilities

of the Indian child's parents or Indian custodian and the rights of inheritance of

the parents and Indian child; (2) Includes a description of the Indian child's legal relationship with the tribe;

and (3) Does not include any child support obligation from the Indian child's parents

or Indian custodian. The court shall afford full faith and credit to a tribal customary adoption order

or judgment that is accepted under this subsection. 3. A tribal customary adoptive parent is not required to file a petition for adoption

when the court accepts a tribal customary adoption order or judgment under subsection

2. The clerk of the court may not charge or collect a fee for a proceeding under this

subsection. 4. After accepting a tribal customary adoption order or judgment under subsection

2, the court that accepted the order or judgment shall proceed as provided in NRS 127.150 and enter an order or decree of adoption. In addition to the requirements under NRS 127.151 , the order or decree of adoption must include a statement that any parental rights

or obligations not specified in the order or decree are transferred to the tribal

customary adoptive parents and a description of any parental rights or duties retained

by the Indian child's parents, the rights of inheritance of the parents and Indian

child and the Indian child's legal relationship with the child's tribe. 5. A tribal customary adoption under this section does not require the consent of

the Indian child or the child's parents. 6. Upon the court's entry of an order or decree of adoption under this section, the

court's jurisdiction over the Indian child terminates. 7. Any parental rights or obligations not specifically retained by the Indian child's

parents in the order or decree of adoption are conclusively presumed to transfer to

the tribal customary adoptive parents. 8. This section remains operative only to the extent that compliance with the provisions

of this section do not conflict with federal law as a condition of receiving funding

under Title IV-E of the Social Security Act, 42 U.S.C. §§ 601 et seq. 9. The Division shall adopt regulations requiring that any report regarding a ward

who is an Indian child that an agency which provides child welfare services submits

to the court, including any home studies, placement reports or other reports required

by law must address tribal customary adoption as a permanency option. The Supreme Court may adopt rules necessary for the court processes to implement

the provisions of this section, and the Court Administrator may prepare necessary

forms for the implementation of this section. 10. As used in this section, “ tribal customary adoption ” means the adoption of an Indian child, by and through the tribal custom, traditions

or law of the child's tribe, and which may be effected without the termination of

parental rights.