32A-28-32. Termination procedures in independent adoptions;
202 words·~1 min read·
/nm/chapter-32a-children-s-code/article-28-indian-family-protection/32a-28-32·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
notice of petition; burden of proof; required findings.
A. In addition to the requirements of the Adoption Act [Chapter 32A, Article 5 NMSA 1978], a petition for termination of parental rights involving an Indian child shall set forth:
(1)the tribal affiliations of the Indian child's parents;
(2)the specific actions taken by the moving party 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 tribe shall be attached as exhibits to the petition; and
(3)the specific active efforts made to comply with the placement preferences of the Indian Family Protection Act.
B. Notice of the filing of the petition, accompanied by a copy of the petition, shall be served by the petitioner by certified or registered mail with return receipt requested on the Indian child's tribe and on the Indian child's parents or guardians.
C. The grounds for any termination shall be proved beyond a reasonable doubt.
D. A judgment of the court terminating parental rights shall include findings establishing that each requirement of the Indian Family Protection Act was met.
History: Laws 2022, ch. 41, § 32.