32A-1-14.1. Determination of whether a child is an Indian child.

544 words·~2 min read·/nm/chapter-32a-children-s-code/article-1-general-provisions/32a-1-14-1

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

A. If a child is taken into custody by the department, the department shall make active efforts to determine whether there is reason to know the child is an Indian child.

B. At the beginning of every proceeding under the Children's Code [Chapter 32A NMSA 1978], the court shall make a written determination as to whether the Indian Family Protection Act applies to the case.

C. At the commencement of any hearing in a child custody proceeding, the court shall determine whether the child is an Indian child by asking, on the record, each individual present on the matter whether the individual knows or has reason to know that the child is an Indian child. If no individual present at the hearing knows or has reason to know that the child is an Indian child, the court shall instruct each party to inform the court immediately if the individual later receives information that provides reason to know that the child is an Indian child.

D. A court has reason to know that a child is an Indian child if:

(1)an Indian tribe asserts that the child may be eligible for membership;

(2)any party in the proceeding, officer of the court involved in the proceeding or an Indian organization informs the court that the child is an Indian child;

(3)any party at the hearing, officer of the court present at the hearing, Indian tribe or Indian organization informs the court that information has been discovered indicating that the child is an Indian child;

(4)the child indicates to the court that the child is an Indian child;

(5)the court is informed that the domicile or residence of the child, the child's parent, the child's guardian or the child's Indian custodian is on a reservation or in an Alaska native village;

(6)the court is informed that the child is or has been under the jurisdiction of a tribal court;

(7)the court is informed that the child or the child's parent possesses an identification card or other record indicating membership in an Indian tribe;

(8)testimony or documents presented to the court indicate that the child may be an Indian child; or

(9)any other indicia provided to the court or within the court's knowledge indicate that the child is an Indian child.

E. If a court has reason to know that a child is an Indian child but does not have sufficient evidence to determine whether the child is an Indian child, the court shall:

(1)treat the child as an Indian child until the court determines, on the record, that the child is not an Indian child; and

(2)require the department or another party to submit a report, declaration or testimony on the record that the department or other party made active efforts to identify and work with all of the Indian tribes of which there is reason to know the child may be a member or be eligible for membership to verify whether the child is an Indian child.

F. As used in this section, "Indian organization" means a group, association, partnership, corporation or other legal entity owned or controlled by Indians, or a majority of whose members are Indians.

History: Laws 2022, ch. 41, § 43.