A. At any stage of an abuse or neglect proceeding, a person described in this subsection may be permitted to intervene as a party with a motion for affirmative relief:
(1) a foster parent whom the child has resided with for at least six months;
(2) a relative within the fifth degree of consanguinity with whom the child has resided;
(3) a stepparent with whom the child has resided; or
(4) a person who wishes to become the child's permanent guardian.
B. When determining whether a person described in Subsection A of this section should be permitted to intervene, the court shall consider:
(1) the person's rationale for the purposed intervention; and
(2) whether intervention is in the best interest of the child.
C. When the court determines that the child's best interest will be served as a result of intervention by a person described in Subsection A of this section, the court may permit intervention unless the party opposing intervention can demonstrate that a viable plan for reunification with the respondents is in progress and that intervention could impede the progress of the reunification plan.
D. The persons described in this subsection shall be permitted to intervene during any stage of an abuse or neglect proceeding:
(1) a parent of the child who is not named in the petition alleging abuse or neglect; and
(2) when the child is an Indian child, the child's Indian tribe.
E. The child's foster parent shall be permitted to intervene when:
(1) the foster parent desires to adopt the child;
(2) the child has resided with the foster parent for at least six months within the year prior to the termination of parental rights;
(3) a motion for termination of parental rights has been filed by a person other than the foster parent; and
(4) bonding between the child and the child's foster parent is alleged as a reason for terminating parental rights in the motion for termination of parental rights.
F. The foster parent, preadoptive parent or relative providing care for the child shall be given notice of, and an opportunity to be heard in, any review or hearing with respect to the child, except that this subsection shall not be construed to require that any foster parent, preadoptive parent or relative providing care for the child be made a party to such a review or hearing solely on the basis of the notice and opportunity to be heard.
History: 1978 Comp., § 32A-4-27, enacted by Laws 1993, ch. 77, § 121; 1999, ch. 77, § 9.
The 1999 amendment, effective July 1, 1999, added Subsection F.
Structure 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.