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Current as of January 01, 2024 | Updated by Findlaw Staff
When making a determination regarding the best interests of an Indian child pursuant to the Indian Family Protection Act, a court shall, after allowing testimony from all parties and the Indian child's tribe, consider the following relevant factors:
A. the prioritization of placement of the Indian child in accordance with the placement preferences provided by the Indian Family Protection Act;
B. the prevention of unnecessary out-of-home placement of the Indian child;
C. the critical importance to the Indian child of establishing, developing or maintaining a political, cultural, social and spiritual relationship with the Indian child's tribe and tribal community and with familial ties such as clanship and family with unique cultural characteristics;
D. the importance to the Indian child of the ability of the Indian child's tribe to maintain its existence and integrity in promotion of the stability and security of Indian children and families; and
E. the protection, safety and well-being of the Indian child.
Cite this article: FindLaw.com - New Mexico Statutes Chapter 32A. Children's Code § 32A-28-36. Best interests of Indian child - last updated January 01, 2024 | https://codes.findlaw.com/nm/chapter-32a-childrens-code/nm-st-sect-32a-28-36/
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.
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