32A-28-29. Periodic review of dispositional judgments.
245 words·~1 min read·
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A. The initial judicial review shall be held within sixty days of the dispositional judgment. At the initial judicial review:
(1)the parties shall demonstrate to the court the active efforts made to implement the treatment plan approved by the court in its dispositional order; and
(2)the court shall determine the extent to which the treatment plan has been implemented and make supplemental orders as necessary to ensure compliance with the treatment plan and the safety of the Indian child.
B. The court shall determine during review of a dispositional order whether the placement preferences set forth in the Indian Family Protection Act or the placement preferences of the Indian child's tribe were followed and whether the department has made active efforts pursuant to the Indian Family Protection Act to implement the Indian child's treatment plan and reunify the Indian family.
C. The children's court attorney shall give notice to the Indian child's tribe of the time, place and purpose of any judicial review hearing held pursuant to the Indian Family Protection Act.
D. At any subsequent judicial review hearing held pursuant to Section 32A-4-25 NMSA 1978, the department shall show that it has made active efforts to implement any treatment plan approved by the court in its dispositional order and shall present a treatment plan consistent with the purposes of the Children's Code [Chapter 32A NMSA 1978] for any period of extension of the dispositional order.
History: Laws 2022, ch. 41, § 29.