A. Notwithstanding the provisions of any other law to the contrary, an involuntary placement order for a child issued by a tribal court shall be recognized and enforced by the district court for the judicial district in which the tribal court is located. The involuntary placement order shall be filed with the clerk of the district court. The tribal court, as the court of original jurisdiction, shall retain jurisdiction and authority over the child.
B. A child placed in an evaluation facility pursuant to the provisions of this section shall be subject to the continuing jurisdiction of the tribal court; provided that any decisions regarding discharge or release of the child from the evaluation facility shall be made by the administrator of that facility. Prior to discharging or releasing the child, the facility shall:
(1) make custody arrangements with the child's legal custodian; and
(2) establish a plan for the child's aftercare.
C. When an Indian child is placed in an evaluation facility pursuant to the provisions of this section, any outpatient treatment of the Indian child shall be provided in the same manner as treatment would be provided for any other child.
D. When an Indian child requires emergency treatment or habilitation, that treatment or habilitation shall be provided pursuant to the provisions of the Children's Mental Health and Developmental Disabilities Act.
E. An Indian child residing on or off a reservation, as a citizen of this state, shall have the same right to services available to other children of the state.
History: Laws 2007, ch. 162, § 29.
Cross references. — For provisions of the 1995 "Children's Mental Health and Developmental Disabilities Act, relating to tribal court involuntary placement orders, see the 2006 NMSA 1978 (32A-6-21) on NMOneSource.com.
Effective dates. — Laws 2007, ch. 162 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 15, 2007, 90 days after the adjournment of the legislature.
Temporary provision. — Laws 2007, ch. 162, § 30, provided that the department of health shall promulgate rules for the operation of a human rights committee charged with review and evaluation of a treatment plan that includes aversive intervention.
Law reviews. — For article, "Problems in the Application of Full Faith and Credit for Indian Tribes," see 7 N.M.L. Rev. 133 (1977).
Structure New Mexico Statutes
Article 6A - Children's Mental Health and Developmental Disabilities
Section 32A-6A-1 - Short title.
Section 32A-6A-4 - Definitions.
Section 32A-6A-5 - Competence.
Section 32A-6A-6 - Rights related to treatment and habilitation; scope.
Section 32A-6A-7 - Right to individualized treatment or habilitation services and plan.
Section 32A-6A-8 - Special rules applicable to aversive intervention.
Section 32A-6A-9 - Restraint, generally.
Section 32A-6A-10 - Physical restraint and seclusion.
Section 32A-6A-11 - Training required for a professional who uses restraint or seclusion.
Section 32A-6A-13 - Legal representation of children.
Section 32A-6A-14 - Consent for services; children under fourteen years of age.
Section 32A-6A-15 - Consent for services; children fourteen years of age or older.
Section 32A-6A-17 - Treatment guardianship proceedings.
Section 32A-6A-18 - Individual instructions.
Section 32A-6A-19 - Emergency mental health evaluation and care.
Section 32A-6A-22 - Involuntary residential treatment.
Section 32A-6A-23 - Liability of persons providing treatment or habilitation services.
Section 32A-6A-24 - Disclosure of information.
Section 32A-6A-25 - Special commissioner.
Section 32A-6A-26 - Transportation.
Section 32A-6A-27 - Violation of a child's rights.
Section 32A-6A-28 - Cost of care.
Section 32A-6A-29 - Recognition of tribal court involuntary placement orders.