A. In a case involving a family in need of court-ordered services, if the child is an Indian child, the Indian child's tribe shall be notified when the petition is filed. The form of the notice shall comply with the provisions of the federal Indian Child Welfare Act of 1978.
B. In abuse, neglect or adoption proceedings, if the child is an Indian child, the Indian child's tribe shall be notified. The form of the notice shall comply with the provisions of the federal Indian Child Welfare Act of 1978.
C. In a delinquency proceeding, if the child is an Indian child, the Indian child's tribe shall be notified of the filing of the petition via certified mail.
History: 1978 Comp., § 32A-1-14, enacted by Laws 1993, ch. 77, § 23; 2005, ch. 189, § 8; 2019, ch. 125, § 1.
Cross references. — For the federal Indian Child Welfare Act of 1978, see 25 U.S.C. § 1901.
The 2019 amendment, effective June 14, 2019, required that Native American tribes be given notice in delinquency proceedings concerning Native American minors; and added Subsection C.
The 2005 amendment, effective June 17, 2005, changed "services" to "court-ordered services" in Subsection A.
Structure 2021 New Mexico Statutes
Article 1 - General Provisions
Section 32A-1-1 - Short title.
Section 32A-1-2 - Short title; scope.
Section 32A-1-3 - Purpose of act.
Section 32A-1-4 - Definitions.
Section 32A-1-5 - Children's court established as division of district court; transfer.
Section 32A-1-6 - Children's court attorney.
Section 32A-1-7 - Guardian ad litem; powers and duties.
Section 32A-1-7.1 - Child's attorney; powers and duties.
Section 32A-1-8 - Jurisdiction of the court; tribal court jurisdiction.
Section 32A-1-9 - Venue and transfer.
Section 32A-1-10 - Petition; who may sign.
Section 32A-1-11 - Petition; form and content.
Section 32A-1-12 - Summons; issuance and content; waiver of service.
Section 32A-1-13 - Summons; service.
Section 32A-1-14 - Notice to Indian tribes.
Section 32A-1-15 - Release or delivery from custody.
Section 32A-1-16 - Basic rights.
Section 32A-1-18 - Procedural matters.
Section 32A-1-19 - Court costs and expenses.
Section 32A-1-20 - Purchase of care from private agency by public agency.
Section 32A-1-21 - Runaway child; law enforcement; permitted acts.