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 proceedings; (2) the right of the Indian child's parent, guardian, Indian custodian and Indian child's tribe to: (a) intervention; and (b) petition the court to transfer the proceeding to the tribal court; (3) the right of the Indian child's parent, guardian or Indian custodian to court-appointed counsel if the court determines that person is unable to afford counsel; and (4) the right of the Indian child's tribe to participate in the child custody proceeding whether or not the Indian child's tribe intervenes. B. In the event that the department attempts to enter into discussion with an Indian tribe and the tribe does not respond within the time frame provided for in the Indian Family Protection Act, the department may proceed; provided that the absence of a tribal response does not: (1) eliminate other requirements of future communication and work with the Indian tribe concerning the child; or (2) affect the Indian tribe's ability to respond to an action that has not yet been taken. History: Laws 2022, ch. 41, § 5. Effective dates. — Laws 2022, ch. 41, § 74 made Laws 2022, ch. 41, § 5 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.
‹ Prev All New Mexico sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.