Here is that opinion:

128nevadvopno2.pdf

An excerpt:

This appeal requires us to decide whether, under section 1919 of the Indian Child Welfare Act (ICWA), 25 U.S.C. §§ 1901-1963 (2006), a tribal-state agreement respecting child custody proceedings may vest a Nevada district court with subject matter jurisdiction to take a relinquishment of parental rights under circumstances where section 1911(a) of the ICWA, 25 U.S.C. § 1911(a), would otherwise lay exclusive jurisdiction with the tribal court. We conclude that the ICWA,  in keeping with fundamental principles of tribal autonomy, allows for tribal-state agreements for concurrent jurisdiction even when the tribe would have exclusive jurisdiction absent an agreement. Therefore, we affirm.

 

The tribal-state agreement the court relies on is an agreement for this case alone, which arose from what appears to be a great example of tribal-state court cooperation. The state court involved the tribe prior to the children being eligible for membership, and thus prior to ICWA applying. When the children became eligible (based on a change in the tribe’s membership rules), the court began applying ICWA. After termination of parental rights, the state court transferred the case to tribal court for adoption proceedings. The children were not placed with their foster family, which is what led to the mother bringing the case. While it’s possible this case could be used to hurt tribal jurisdiction, from the outside at least, it appears to be a case of cooperation that benefited both the children and the tribe.