Chapter 40, Chapter 40

A. A copy of the petition for adoption shall be served by the petitioner on the following individuals, unless receipt of a copy of the petition has been previously waived in writing: (1) the adoptee; (2) the parents of the adoptee; (3) the legally appointed conservator or guardia…

Sections 1 through 4 of this act [40-15-1 to 40-15-4 NMSA 1978] may be cited as the "Family Preservation Act". History: Laws 2005, ch. 68, § 1.

The purpose of the Family Preservation Act is to confirm the state's policy of support for the family and to emphasize the responsibilities of parents and the state in the healthy development of children and the family as an institution. The Family Preservation Act is also intend…

It is the policy of the state that its laws and programs shall: A. support intact, functional families and promote each family's ability and responsibility to raise its children; B. strengthen families in crisis and at risk of losing their children, so that children can remain sa…

A. Parents have joint primary responsibility for the well-being of their family. Parents have the primary responsibility to: (1) ensure that their children have adequate food, shelter, health care and a healthy environment; (2) support their children in all ways possible to grow …

criminal sexual penetration. A. At any time, a biological parent may petition the court for termination of the parental rights of a child's other biological parent, where that other biological parent has been convicted of criminal sexual penetration and where the criminal sexual …

Sections 1 through 13 [40-17-1 to 40-17-13 NMSA 1978] of this act may be cited as the "Extreme Risk Firearm Protection Order Act". History: Laws 2020, ch. 5, § 1.

A. A respondent who receives a temporary or one-year extreme risk firearm protection order shall relinquish all firearms in the respondent's possession, custody or control or subject to the respondent's possession, custody or control in a safe manner to a law enforcement officer,…

A person who fails to relinquish, or who possesses or has custody or control over, any firearm or who purchases, receives or attempts to purchase, possess or receive any firearm, in violation of a temporary extreme risk firearm protection order or a one- year extreme risk firearm…

availability of data. A. The clerk of the court shall provide a copy of a one-year extreme risk firearm protection order or temporary extreme risk firearm protection order issued pursuant to the Extreme Risk Firearm Protection Order Act to any law enforcement agency designated to…

disposition. A. Any firearm relinquished in accordance with the Extreme Risk Firearm Protection Order Act shall be returned to the respondent within ten days following the expiration or termination of an extreme risk firearm protection order. B. A respondent shall not be required…

As used in the Extreme Risk Firearm Protection Order Act: A. "court" means the district court in the county in which the respondent resides; B. "extreme risk firearm protection order" means either a temporary extreme risk firearm protection order or a one-year extreme risk firear…

protection orders. A reporting party who requests that a petitioner seek an extreme risk firearm protection order shall not be required to bear the cost of: A. the filing, issuance or service of a petition for an extreme risk firearm protection order; B. the filing, issuance or s…

Proceedings pursuant to the Extreme Risk Firearm Protection Order Act shall be filed, heard and determined in the district court for the county in which the respondent resides. History: Laws 2020, ch. 5, § 4.

A. A petition for an extreme risk firearm protection order shall be filed only by a law enforcement officer employed by a law enforcement agency; provided that, if the respondent is a law enforcement officer, the petition shall be filed by the district attorney or the attorney ge…

order; temporary orders; proceedings. A. Upon the filing of a petition pursuant to the Extreme Risk Firearm Protection Order Act, the court may enter a temporary extreme risk firearm protection order if the court finds from specific facts shown by the petition that there is proba…

order. In determining whether grounds for any extreme risk firearm protection order exist, the court shall consider, at a minimum, the following: A. any recent act or threat of violence by the respondent against self or others, regardless of whether the act or threat involved a f…

for issuance; contents of order; termination; expiration; renewal of orders. A. If, after hearing the matter, the court finds by a preponderance of the evidence that the respondent poses a significant danger of causing imminent personal injury to self or others by having in the r…

A one-year extreme risk firearm protection order issued pursuant to the Extreme Risk Firearm Protection Order Act shall be personally served upon the respondent by the sheriff's office in the county in which the respondent resides; provided that if the respondent resides in a cit…

This act [40-18-1 to 40-18-4 NMSA 1978] may be cited as the "Special Immigrant Juvenile Classification Act". History: Laws 2023, ch. 134, § 1.

As used in the Special Immigrant Juvenile Classification Act: A. "abandoned child" means a child who is left without provision for reasonable and necessary care or supervision; B. "abused child" means a child: (1) who has suffered or who is at risk of suffering serious harm becau…

immigrant juvenile. A. A request may be made by a petitioner pursuant to this section for classification as a special immigrant juvenile as provided in 8 U.S.C. Section 1101(a)(27)(J), in conjunction with a petition for any determination on the care and custody of a child. B. The…

A. The court has jurisdiction to make findings of fact and determinations of law in the best interests of the child for classification as a special immigrant juvenile pursuant to 8 U.S.C. Section 1101(a)(27)(J) in all matters and proceedings that involve an abused child, a neglec…