32A-28-14. Intervention.
203 words·~1 min read·
/nm/chapter-32a-children-s-code/article-28-indian-family-protection/32a-28-14·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
A. An Indian child's tribe has the right to intervene at any point in a child custody proceeding.
B. In any court proceeding subject to the Indian Family Protection Act for the foster care placement, guardianship placement, adoptive placement of or termination of parental rights to an Indian child, the Indian child's relative or extended family member, the guardian, the Indian custodian or a foster parent with whom the child has resided for at least twelve months may file a motion to intervene at any point in the proceeding.
C. When determining whether a person described in Subsection B of this section should be permitted to intervene, the court shall consider:
(1)the person's rationale for the proposed intervention; and
(2)whether intervention is in the best interest of the Indian child.
D. When the court determines that the Indian child's best interest will be served as a result of intervention by a person described in Subsection B of this section, the court may permit intervention unless the party opposing intervention can demonstrate that a viable plan for reunification with the respondents is in progress and that intervention could impede the progress of the reunification plan.
History: Laws 2022, ch. 41, § 14.