Nevada guarantees counsel for Indian children

Key_development Question_mark

06/13/2023, Legislation, Abuse/Neglect/Dependency - Children

In 2023, Nevada passed AB 444, which provides that, in a "child custody proceeding", defined as "a matter arising under chapter 432B of NRS [Protection of Children from Abuse and Neglect] in which the legal custody or physical custody of a child is an issue", the court must appoint counsel to represent the Indian child. 

 

Under the statute, a "Child custody proceeding" does not include an emergency proceeding.  However, Nev. Rev. Stat. § 432B.420(2) provides that the court shall appoint an attorney to represent "[a] child who is alleged to have been abused or neglected." See Nevada guarantees / strengthens counsel for children in abuse/neglect proceedings.

Appointment of Counsel: categorical Qualified: no