Skip to main content
Find a Lawyer

New Mexico Statutes Chapter 32A. Children's Code § 32A-28-12. Investigations

Current as of January 01, 2024 | Updated by Findlaw Staff

A. Within twenty-four hours of initiating an investigation that involves an Indian child, the department shall notify the Indian child's tribe of:

(1) the investigation;

(2) the involvement of the Indian child;

(3) the department's obligation to collaborate with the Indian child's tribe to identify a potential qualified expert witness or witnesses to participate in the proceeding if the investigation results in a child custody proceeding; and

(4) the department's obligation to identify a potential qualified expert witness or witnesses no later than thirty days prior to a child custody or termination proceeding.

B. During an investigation that involves an Indian child, the department shall:

(1) coordinate services with the Indian child's tribe to prevent taking the child into custody;

(2) provide culturally appropriate remedial services designed to prevent the breakup of the Indian family; and

(3) make active efforts to identify extended family members and fictive kin able to be alternative care providers or to ensure the safety of the child.

C. The department's active efforts to coordinate services to prevent taking the Indian child into custody shall be documented in any subsequent action that may result in the child coming into the department's custody.

D. Before filing a petition related to an Indian child, the department shall notify the Indian child's tribe of the results of the investigation, including the active efforts that have been made to provide remedial services and rehabilitative programs designed to prevent the breakup of the Indian family and that these efforts have proved unsuccessful, resulting in the department's intention to file the petition.

Previous Part of Code Next Part of Code
Back to Chapter List

Cite this article: FindLaw.com - New Mexico Statutes Chapter 32A. Children's Code § 32A-28-12. Investigations - last updated January 01, 2024 | https://codes.findlaw.com/nm/chapter-32a-childrens-code/nm-st-sect-32a-28-12/

FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.

Was this helpful?

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw’s Learn About the Law.

Go to Learn About the Law

Latest Blog Posts

For Legal Professionals

Learn About The Law

Get help with your legal needs

FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.

Go to Learn About the Law

Need to Find an Attorney?

Search our directory by legal issue

Enter information in one or both fields (Required)

Copied to clipboard