Chapter 32A — Chapter 32A

A. The director is responsible to the commission for the operation of the office. The director shall manage all operations of the office and shall: (1) administer and carry out the provisions of the Family Representation and Advocacy Act; (2) exercise authority over and provide g…

As used in the Family Representation and Advocacy Act: A. "at risk of being placed" means conditions within a child's family may require the child be removed from the custody of a parent, custodian or guardian and placed in the legal custody of the children, youth and families de…

A. The "office of family representation and advocacy" is created as an adjunct agency pursuant to Section 9-1-6 NMSA 1978 and shall be overseen by the commission. B. The office shall: (1) work closely with the children, youth and families department to leverage federal funding pu…

appellate division. A. The director shall establish an appellate division within the office. The appellate division shall be led by a chief appellate attorney. B. The appellate division shall assist the director by providing representation before the court of appeals and the supr…

appointment of regional managers. A. The director shall establish at least five regional offices that align with the five regional offices of the children, youth and families department to accommodate all judicial districts that exist within the five regions. One regional office …

membership; terms; removal. A. The "family representation and advocacy commission" is created. B. The commission consists of thirteen members, including: (1) the director of the university of New Mexico school of law's Corinne Wolfe center for child and family justice, or the dir…

member qualifications. A. A member of the commission shall: (1) possess significant experience in the representation of children, youth, parents, custodians or guardians in abuse and neglect proceedings; (2) possess significant experience with the child welfare system as a parent…

organization; meetings. A. The commission shall hold its first meeting no later than thirty days after it has completed the appointment process and shall elect a chair at that meeting. Thereafter, the commission shall meet at least four times a year, as determined by a majority o…

and duties; restriction on individual members. A. The commission shall exercise independent oversight of the office of family representation and advocacy to review and approve standards and provide guidance and support to the director. B. The commission shall review and approve f…

Sections 1 through 42 [32A-28-1 to 32A-28-42 NMSA 1978] of this act may be cited as the "Indian Family Protection Act"." History: Laws 2022, ch. 41, § 1.

An Indian child residing on or off a reservation, as a resident of this state, shall have the same right to services that are available to other children of this state. The cost of the services provided to an Indian child or the Indian child's parents, guardian or Indian custodia…

A. The department shall file a petition for temporary emergency removal where the department demonstrates that an Indian child is a resident of or domiciled on a reservation but temporarily located off a reservation. The department shall provide notice and request receipt of noti…

A. Within twenty-four hours of initiating an investigation that involves an Indian child, the department shall notify the Indian child's tribe of: (1) the investigation; (2) the involvement of the Indian child; (3) the department's obligation to collaborate with the Indian child'…

evidence; documentation of applicability and compliance. A. The court shall not make findings of futility or aggravated circumstances in the child custody proceeding. B. The standards of evidence of the following child custody proceedings are as follows: (1) the court shall not o…

A. An Indian child's tribe has the right to intervene at any point in a child custody proceeding. B. In any court proceeding subject to the Indian Family Protection Act for the foster care placement, guardianship placement, adoptive placement of or termination of parental rights …

In a petition initiating a child custody proceeding, the department shall include a statement as to whether the child who is the subject of the child custody proceeding is an Indian child and shall include information about: A. the Indian child's tribe; B. the tribal affiliations…

participate. A. The department shall keep a record of: (1) an Indian tribe of which the Indian child is a member or eligible for membership, as determined by the Indian child's tribe; (2) whether the Indian child is a member of one Indian tribe but is eligible for membership in o…

A. The court shall receive testimony from one or more qualified expert witnesses in all adjudicatory hearings pursuant to the Abuse and Neglect Act [Chapter 32A, Article 4 NMSA 1978] and all hearings to terminate parental rights. The court shall receive testimony from a qualified…

consent; withdrawal; fraud or duress. A. Prior to entering any voluntary placement agreement, the department shall make active efforts to prevent the breakup of the Indian family pursuant to the Indian Family Protection Act. B. In a voluntary foster care placement involving an In…

A. In a termination of parental rights proceeding, with respect to an Indian child, the court shall consider whether an alternative to termination of parental rights, including permanent guardianship of the child, would best support the Indian child. B. In a termination of parent…

As used in the Indian Family Protection Act: A. "active efforts" means efforts that are affirmative, active, thorough and timely and that represent a higher standard of conduct than reasonable efforts; B. "adoptive placement" means a permanent placement of an Indian child for ado…

An Indian child who is the subject of a child custody proceeding, a parent, guardian or Indian custodian from whose custody the child was removed or the Indian child's tribe may petition the court to invalidate that action upon a showing that the action violated any provision of …

adoption; guardianship; placement of Indian children. A. In the case of a foster care placement of an Indian child, except as provided in Subsection C of this section, the child shall be placed in the least restrictive setting that: (1) most closely approximates a family, taking …

A. The administrative office of the courts in collaboration with the department shall develop and deliver annual mandatory training to all children's court judges, district court judges, attorneys, guardians ad litem and youth attorneys who are court appointed. The training shall…

culture; cultural compacts. To ensure that the Indian Family Protection Act is fully implemented and that all Indian children have the opportunity to maintain strong connections to their culture, if the household into which an Indian child is placed for adoption or guardianship d…

A. Prior to an Indian child's reaching seventeen years of age, the department shall meet with the Indian child, the Indian child's tribe, the Indian child's attorney and others of the Indian child's choosing, including biological family members, to develop a transition plan. The …

A. At the last review or permanency hearing held prior to the Indian child's eighteenth birthday, the court shall determine whether documentation of the Indian child's tribal membership and any information regarding the Indian child's tribal affiliation have been provided to the …

examinations. If the child is an Indian child, all predispositional studies and reports shall follow the requirements listed in Section 32A-4-21 NMSA 1978 and shall also document: A. whether the placement preferences set forth in the Indian Family Protection Act or the placement …

A. The department shall submit a copy of any continuation of the dispositional order and notice of any permanency and permanency review hearings to the Indian child's tribe pursuant to notice requirements of the Indian Family Protection Act. B. The department shall submit a progr…

A. At the conclusion of a dispositional hearing in a child custody proceeding involving an Indian child, in addition to other requirements for a court's findings pursuant to the Children's Code [Chapter 32A NMSA 1978], when the judgment is made in a child custody proceeding held …

A. The initial judicial review shall be held within sixty days of the dispositional judgment. At the initial judicial review: (1) the parties shall demonstrate to the court the active efforts made to implement the treatment plan approved by the court in its dispositional order; a…

residence. A. In a child custody proceeding involving an Indian child, the court shall determine and make an order of the domicile and residence of the Indian child and whether the Indian child is under the jurisdiction of a tribal court. B. The department shall communicate with …

A. A motion for permanent guardianship shall set forth: (1) the tribal affiliations of the Indian child's parents; (2) the specific actions taken by the petitioner to notify the parents' Indian tribe and the results of the contacts, including the names, addresses, titles and tele…

To be certified to conduct pre-placement studies for the adoption of an Indian child, a person shall meet the standards adopted by the department. History: Laws 2022, ch. 41, § 31.

notice of petition; burden of proof; required findings. A. In addition to the requirements of the Adoption Act [Chapter 32A, Article 5 NMSA 1978], a petition for termination of parental rights involving an Indian child shall set forth: (1) the tribal affiliations of the Indian ch…

required in an independent adoption. In an independent adoption, consent from the parent or guardian of an Indian child to adoption by the petitioner or relinquishment of parental rights shall be obtained in the manner required by the Indian Family Protection Act. History: Laws 2…

invalidation. A. The court shall grant a decree of adoption if it finds that: (1) the petitioner has proved by clear and convincing evidence that the placement preferences set forth in the Indian Family Protection Act, or the placement preferences established by the Indian child'…

Whenever an Indian child has been adopted and the relationship between the adoptive parent and the Indian child has been severed for any reason, a biological parent, guardian or prior Indian custodian may petition for return of custody, and there shall be a presumption that the I…

When making a determination regarding the best interests of an Indian child pursuant to the Indian Family Protection Act, a court shall, after allowing testimony from all parties and the Indian child's tribe, consider the following relevant factors: A. the prioritization of place…

and other information. A. Pursuant to the Indian Family Protection Act, an Indian tribe shall have access to the post-decree adoption records that involve an Indian child who is a member or eligible for membership in the Indian tribe. B. Upon application by an Indian person who h…

A. The clerk of a court entering a final decree or order in an adoptive placement of an Indian child shall provide the secretary with a copy of that decree, adoptive placement order and any other information necessary to show: (1) the birth name and birthdate of the Indian child;…

A. All records or information, whether on file with the court, an agency, the department, an attorney or other provider of professional services, concerning a party to any proceedings pursuant to the Indian Family Protection Act, including social records, diagnostic evaluations, …

including voluntary placement agreements. In a child custody proceeding involving an Indian child: A. active efforts to maintain or reunite an Indian child with the Indian child's family shall be made pursuant to the Indian Family Protection Act. Active efforts shall be tailored …

provisions of law; conflict of laws. A. To the greatest extent possible, the Indian Family Protection Act shall be read as in harmony with the federal Indian Child Welfare Act of 1978. B. The provisions of the Children's Code [Chapter 32A NMSA 1978] are supplemental to and in har…

The "office of tribal affairs" is created in the department. The office shall be dedicated to ensuring the department's compliance with and full implementation of the Indian Family Protection Act. History: Laws 2022, ch. 41, § 41.

The department, through discussion with the Indian nations, tribes and pueblos of the state, shall promulgate rules to implement the provisions of the Indian Family Protection Act. The administrative office of the courts shall also discuss with the Indian nations, tribes and pueb…

A. In a child custody proceeding when the court knows or has reason to know that an Indian child is involved, the department shall notify the parent, guardian or Indian custodian and the Indian child's tribe, by certified mail with return receipt requested, of: (1) the pending pr…

When an Indian child is placed in the custody of the department, the department shall work with the parent, the guardian, the Indian custodian or the Indian child's tribe to establish membership, at the direction of the parent or the Indian tribe. The department shall not determi…

A. An Indian tribe has exclusive jurisdiction over a child custody proceeding involving an Indian child who resides or is domiciled within the reservation of the Indian tribe, except when jurisdiction is otherwise vested in the state by federal law or pursuant to a tribal-state a…

A. The department shall make a good faith effort to enter into a tribal-state agreement for the coordination of care and custody of Indian children with each Indian tribe within the borders of this state. B. The department may enter into a tribal-state agreement with any Indian t…