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New Mexico Statutes Chapter 32A. Children's Code § 32A-28-5. Notice to Indian tribes

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

A. In a child custody proceeding when the court knows or has reason to know that an Indian child is involved, the department shall notify the parent, guardian or Indian custodian and the Indian child's tribe, by certified mail with return receipt requested, of:

(1) the pending proceedings;

(2) the right of the Indian child's parent, guardian, Indian custodian and Indian child's tribe to:

(a) intervention; and

(b) petition the court to transfer the proceeding to the tribal court;

(3) the right of the Indian child's parent, guardian or Indian custodian to court-appointed counsel if the court determines that person is unable to afford counsel; and

(4) the right of the Indian child's tribe to participate in the child custody proceeding whether or not the Indian child's tribe intervenes.

B. In the event that the department attempts to enter into discussion with an Indian tribe and the tribe does not respond within the time frame provided for in the Indian Family Protection Act, the department may proceed; provided that the absence of a tribal response does not:

(1) eliminate other requirements of future communication and work with the Indian tribe concerning the child; or

(2) affect the Indian tribe's ability to respond to an action that has not yet been taken.

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Cite this article: FindLaw.com - New Mexico Statutes Chapter 32A. Children's Code § 32A-28-5. Notice to Indian tribes - last updated January 01, 2024 | https://codes.findlaw.com/nm/chapter-32a-childrens-code/nm-st-sect-32a-28-5/

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