32A-28-30. Permanent guardianship.
172 words·~1 min read·
/nm/chapter-32a-children-s-code/article-28-indian-family-protection/32a-28-30·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
A. A motion for permanent guardianship shall set forth:
(1)the tribal affiliations of the Indian child's parents;
(2)the specific actions taken by the petitioner to notify the parents' Indian tribe and the results of the contacts, including the names, addresses, titles and telephone numbers of the persons contacted. Copies of any correspondence with the Indian tribes shall be attached as exhibits to the petition;
(3)the specific active efforts made to comply with the placement preferences set forth in the Indian Family Protection Act or the placement preferences of the appropriate Indian tribes and any additional requirements for that motion as provided pursuant to the Indian Family Protection Act; and
(4)that notice has been sent by certified mail, with return receipt requested, to the Indian child's tribe and to any Indian custodian pursuant to the Indian Family Protection Act.
B. The grounds for permanent guardianship shall be proved beyond a reasonable doubt and meet the requirements of the Indian Family Protection Act.
History: Laws 2022, ch. 41, § 30.