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 notice to the Indian child's tribe, parents, guardian and Indian custodian within twenty-four hours of the filing of the petition. B. A court of this state has temporary emergency jurisdiction if the Indian child is present in this state but is domiciled on a reservation and the Indian child has been abandoned or it is necessary in an emergency to protect the Indian child because the Indian child, or a sibling or parent of the Indian child, is subjected to or threatened with abuse or neglect. C. A child custody determination made under this section remains in effect until an order is obtained from a tribal court. If a child custody proceeding has not been or is not commenced in tribal court, the department may file a petition alleging abuse and neglect. D. A court of this state that has been asked to make a temporary emergency order for temporary jurisdiction, upon being informed that a child custody proceeding has been commenced in, or a child custody determination has been made by, a tribal court having jurisdiction shall immediately communicate with that tribal court to resolve the emergency, protect the safety of the parties and the Indian child and determine a period for the duration of the temporary order. History: Laws 2022, ch. 41, § 11. Effective dates. — Laws 2022, ch. 41, § 74 made Laws 2022, ch. 41, § 11 effective July 1, 2022. Applicability. — Laws 2022, ch. 41, § 73 provided that the provisions of Laws 2022, ch. 41 apply to all cases filed on or after July 1, 2022. Severability. — Laws 2022, ch. 41, § 72 provided that if any provision of the Indian Family Protection Act, related provisions in other sections of New Mexico law or the application of such laws to any person or circumstances is held invalid for any reason in a court of competent jurisdiction, the invalidity does not affect other provisions of the Indian Family Protection Act and related laws.
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