32A-1-8. Jurisdiction of the court; tribal court jurisdiction;

305 words·~1 min read·/nm/chapter-32a-children-s-code/article-1-general-provisions/32a-1-8

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

exception.

A. The court has exclusive original jurisdiction of all proceedings under the Children's Code in which a person is eighteen years of age or older and was a child at the time the alleged act in question was committed or is a child alleged to be:

(1)a delinquent child;

(2)a child of a family in need of court-ordered services or a child in need of services pursuant to the Family in Need of Court-Ordered Services Act [Chapter 32A, Article 3B NMSA 1978];

(3)a neglected child;

(4)an abused child;

(5)a child subject to adoption; or

(6)a child subject to placement for a developmental disability or a mental disorder.

B. The court has exclusive original jurisdiction to emancipate a minor.

C. The provisions of the Indian Family Protection Act [32A-28-1 to 32A-28-42 NMSA 1978] govern child custody proceedings involving Indian children. To the extent the provisions of the Indian Family Protection Act conflict with the Children's Code, the provisions of the Indian Family Protection Act shall apply.

D. During abuse or neglect proceedings in which New Mexico is the home state, pursuant to the provisions of the Uniform Child-Custody Jurisdiction and Enforcement Act [40-10A-101 to 40-10A-403 NMSA 1978], the court shall have jurisdiction over both parents to determine the best interest of the child and to decide all matters incident to the court proceedings.

E. The court may acquire jurisdiction over a Motor Vehicle Code [Articles 1 through 8 of Chapter 66 NMSA 1978] or municipal traffic code violation as set forth in Section 32A-2-29 NMSA 1978.

History: 1978 Comp., § 32A-1-8, enacted by Laws 1993, ch. 77, § 17; 1995, ch. 206, § 5; 1999, ch. 46, § 1; 1999, ch. 78, § 1; 2005, ch. 189, § 4; 2009, ch. 239, § 8; 2022, ch. 41, § 45.