Nevada guarantees counsel for Indian children

06/13/2023 , Nevada , 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: Yes
Qualified: No
? If "yes", the established right to counsel or discretionary appointment of counsel is limited in some way, including any of: the only authority is a lower/intermediate court decision or a city council, not a high court or state legislature; there has been a subsequent case that has cast doubt; a statute is ambiguous; or the right or discretionary appointment is not for all types of individuals or proceedings within that category.