1. 1. A petition to vacate an order or a judgment involving an Indian child regarding jurisdiction, placement, guardianship or the termination of parental rights may be filed in a pending child custody proceeding involving the Indian child or, if none, in any court of competent jurisdiction by:

   1. (a) The Indian child who was alleged to be within the jurisdiction of the court;
   2. (b) The Indian child’s parent or Indian custodian from whose custody such child was removed or whose parental rights were terminated; or
   3. (c) The Indian child’s tribe.
2. 2. The court shall vacate an order or judgment involving an Indian child regarding jurisdiction, placement, guardianship or the termination of parental rights if the court determines that any provision of subsection 2 or 5 of NRS 125E.220, paragraph (a) or (b) of subsection 3 of NRS 125E.220, NRS 125E.270 or 125E.280, subsection 1 of NRS 125E.320 or NRS 125E.340 or, if required, NRS 125E.300, subsection 2 of NRS 125E.330 or NRS 125E.350 has been violated and the court determines it is appropriate to vacate the order or judgment.
3. 3. If the vacated order or judgment resulted in the removal or placement of the Indian child, the court shall order the child immediately returned to the Indian child’s parent or Indian custodian and the court’s order must include a transition plan for the physical custody of the child, which may include protective supervision.
4. 4. If the vacated order or judgment terminated parental rights, the court shall order the previously terminated parental rights to be restored.
5. 5. If the State or any other party affirmatively asks the court to reconsider the issues under the vacated order or judgment, the court’s findings or determinations must be readjudicated.
6. 6. As used in this section, “termination of parental rights” includes, without limitation, the involuntary termination of parental rights under chapter 128 or 432B of NRS.

(Added to NRS by 2023, 2245)