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's tribe to identify a potential qualified expert witness or witnesses to participate in the proceeding if the investigation results in a child custody proceeding; and (4) the department's obligation to identify a potential qualified expert witness or witnesses no later than thirty days prior to a child custody or termination proceeding. B. During an investigation that involves an Indian child, the department shall: (1) coordinate services with the Indian child's tribe to prevent taking the child into custody; (2) provide culturally appropriate remedial services designed to prevent the breakup of the Indian family; and (3) make active efforts to identify extended family members and fictive kin able to be alternative care providers or to ensure the safety of the child. C. The department's active efforts to coordinate services to prevent taking the Indian child into custody shall be documented in any subsequent action that may result in the child coming into the department's custody. D. Before filing a petition related to an Indian child, the department shall notify the Indian child's tribe of the results of the investigation, including the active efforts that have been made to provide remedial services and rehabilitative programs designed to prevent the breakup of the Indian family and that these efforts have proved unsuccessful, resulting in the department's intention to file the petition. History: Laws 2022, ch. 41, § 12. Effective dates. — Laws 2022, ch. 41, § 74 made Laws 2022, ch. 41, § 12 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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