Within thirty days after a child is taken into custody by law enforcement, or when the department files a petition seeking legal custody of the child, whichever occurs first, the department shall exercise due diligence and make reasonable efforts to identify and provide notice to all grandparents; all parents of a sibling of the child, when the parent has legal custody of the sibling; and other adult relatives of the child, including adult relatives suggested by the parents, unless such notice would be contrary to the best interests of the child due to family or domestic violence. The notice shall:
A. specify that the child has been or is being removed from the custody of the parent or parents of the child;
B. explain the options the relative has under federal, state or other law to participate in the care and placement of the child, including any options that may be lost by failing to respond to the notice;
C. describe the requirements for becoming a foster family home and the additional services and support that are available for children placed in such a home; and
D. set out the dates of any currently scheduled court hearings that involve the child.
History: 1978 Comp., § 32A-4-17.1, enacted by Laws 2016, ch. 54, § 3.
Effective dates. — Laws 2016, ch. 54 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 18, 2016, 90 days after the adjournment of the legislature.
Structure 2021 New Mexico Statutes
Article 4 - Child Abuse and Neglect
Section 32A-4-1 - Short title.
Section 32A-4-2 - Definitions.
Section 32A-4-4 - Complaints; referral; preliminary inquiry.
Section 32A-4-4.1 - Multilevel response system.
Section 32A-4-6 - Taking into custody; penalty.
Section 32A-4-7 - Release or delivery from custody.
Section 32A-4-8 - Place of temporary custody.
Section 32A-4-9 - Indian child placement; preferences.
Section 32A-4-10 - Basic rights.
Section 32A-4-11 - Use immunity.
Section 32A-4-12 - Protective orders.
Section 32A-4-13 - Contempt power.
Section 32A-4-14 - Change in placement.
Section 32A-4-15 - Petition; authorization to file.
Section 32A-4-16 - Ex-parte custody orders.
Section 32A-4-17 - Summons; content.
Section 32A-4-17.1 - Notice to grandparents and relatives.
Section 32A-4-18 - Custody hearings; time limitations; notice; probable cause.
Section 32A-4-19 - Adjudicatory hearings; time limitations.
Section 32A-4-20 - Conduct of hearings; findings; dismissal; dispositional matters; penalty.
Section 32A-4-21 - Neglect or abuse predisposition studies, reports and examinations.
Section 32A-4-22 - Disposition of adjudicated abused or neglected child.
Section 32A-4-25 - Periodic judicial review of dispositional judgments.
Section 32A-4-25.1 - Permanency hearings; permanency review hearings.
Section 32A-4-25.2 - Transition services.
Section 32A-4-25.3 - Discharge hearing.
Section 32A-4-26 - Parental responsibility.
Section 32A-4-27 - Intervention; persons permitted to intervene.
Section 32A-4-28 - Termination of parental rights; adoption decree.
Section 32A-4-29 - Termination procedure.
Section 32A-4-30 - Attorney fees.
Section 32A-4-31 - Permanent guardianship of a child.
Section 32A-4-32 - Permanent guardianship; procedure.
Section 32A-4-33 - Confidentiality; records; penalty.
Section 32A-4-33.1 - Records release when a child dies.
Section 32A-4-34 - Duties of employees.
Section 32A-4-35 - Appointment or change of educational decision maker.