New Mexico Code § 32A-28-32

Termination procedures in independent adoptions; notice of petition; burden of proof; required findings
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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 child's parents;
(2) the specific actions taken by the moving party to notify the parents' Indian tribe and the results of the contacts, including the names, addresses, titles and telephone numbers of the persons contacted. Copies of any correspondence with the Indian tribe shall be attached as exhibits to the petition; and
(3) the specific active efforts made to comply with the placement preferences of the Indian Family Protection Act.
B. Notice of the filing of the petition, accompanied by a copy of the petition, shall be served by the petitioner by certified or registered mail with return receipt requested on the Indian child's tribe and on the Indian child's parents or guardians.
C. The grounds for any termination shall be proved beyond a reasonable doubt.
D. A judgment of the court terminating parental rights shall include findings establishing that each requirement of the Indian Family Protection Act was met.
History: Laws 2022, ch. 41, § 32.
Effective dates. — Laws 2022, ch. 41, § 74 made Laws 2022, ch. 41, § 32 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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