reglab/housing_qa huggingface dataset:
NM Stat § 32A-5-5 (2021)
2021 New Mexico Statutes|Chapter 32A - Children's Code|Article 5 - Adoptions|Section 32A-5-5 - Indian child placement preferences.

A. In any adoptive placement of an Indian child under state law, preference shall be given, in the absence of good cause to the contrary, to a placement with: (1) a member of the Indian child's extended family; (2) other members of the child's Indian tribe; or (3) other Indian families. B. An Indian child accepted for pre-adoptive placement shall be placed in the least restrictive setting which most approximates a family in which the child's special needs, if any, may be met. The Indian child shall also be placed within reasonable proximity to the Indian child's home, taking into account special needs of the Indian child. In any foster care or pre-adoptive placement, a preference shall be given, in the absence of good cause to the contrary, to a placement with: (1) a member of the Indian child's extended family; (2) a foster home licensed, approved and specified by the Indian child's tribe; (3) an Indian foster home licensed or approved by an authorized non-Indian licensing authority; or (4) an institution for children approved by the Indian tribe or operated by an Indian organization that has a program suitable to meet the Indian child's needs. C. If the placement preferences of this section are not followed or if the Indian child is placed in an institution, a plan shall be developed to ensure that the Indian child's cultural ties are protected and fostered. History: 1978 Comp., § 32A-5-5, enacted by Laws 1993, ch. 77, § 132. ANNOTATIONSCross references. — For applicability of this section where an Indian child is taken into custody pursuant to the Safe Haven for Infants Act, see 24-22-1 NMSA 1978.
NM Stat § 32A-5-6 (2021)
2021 New Mexico Statutes|Chapter 32A - Children's Code|Article 5 - Adoptions|Section 32A-5-6 - Authority of the department.

A. The department may adopt and promulgate necessary rules and forms for the administration of the Adoption Act, including rules for the assessment of fees. The rules shall not conflict with the provisions of the Adoption Act. B. The department has the authority to provide or request additional information from an investigator or an attorney representing any person involved in any action filed pursuant to the provisions of the Adoption Act. C. The department has the authority to intervene in any action filed pursuant to the provisions of the Adoption Act. The intervention shall be effected when legal counsel for the department files a motion for an entry of appearance and an appropriate response. D. The department shall be served by mail by the attorney for the petitioner with copies of all pleadings filed in any action pursuant to the provisions of the Adoption Act, except for copies of the petition for adoption, the request for placement and the decree of adoption, which shall be served as provided in Section 32A-5-7 NMSA 1978. E. The department is authorized to act as an accrediting entity on behalf of the state. F. The department may assess fees for the cost of accrediting an agency or approving a person in matters related to convention adoptions. The department shall establish the amount of the fees by rule and the fees shall be subject to approval by the United States secretary of state. The amount of the fees shall not exceed the cost of similar services provided by the department. History: 1978 Comp., § 32A-5-6, enacted by Laws 1993, ch. 77, § 133; 1995, ch. 206, § 27; 2003, ch. 294, § 3; 2003, ch. 321, § 3. ANNOTATIONSThe 2003 amendment, effective July 1, 2003, rewrote Subsection A and added Subsections E and F. Laws 2003, ch. 294, § 3 and Laws 2003, ch. 321, § 3 enacted identical amendments to this section. The section was set out as amended by Laws 2003, ch. 321, § 3. See 12-1-8 NMSA 1978. The 1995 amendment, effective July 1, 1995, added "which shall be served as provided in Section 32A-5-7 NMSA 1978" at the end of Subsection D.
NM Stat § 32A-5-7 (2021)
2021 New Mexico Statutes|Chapter 32A - Children's Code|Article 5 - Adoptions|Section 32A-5-7 - Clerk of the court; duties.

A. The clerk of the court shall file pleadings captioned pursuant to the provisions of Section 32A-5-9 NMSA 1978. The clerk of the court shall not file incorrectly captioned pleadings. B. The clerk of the court shall mail a copy of the request for placement to the department within one working day of the request for placement being filed with the court. The attorney for the person requesting placement shall provide to the clerk of the court a copy of the request for placement and a stamped envelope addressed to the department as specified in department regulation. C. The clerk of the court shall mail a copy of the petition for adoption within one working day of the petition for adoption being filed with the court. The attorney for the petitioner shall provide to the clerk of the court a copy of the petition for adoption and a stamped envelope addressed to the department as specified in department regulation. D. The clerk of the court shall mail a copy of the decree of adoption to the department within one working day of the entry of the decree of adoption. The attorney for the petitioner shall provide to the clerk of the court a copy of the decree of adoption and a stamped envelope addressed to the department as specified in department regulation. E. In any adoption involving an Indian child, the clerk of the court shall provide the secretary of the interior with a copy of any decree of adoption or adoptive placement order and other information as required by the federal Indian Child Welfare Act of 1978. The attorney for the petitioner shall provide to the clerk of the court a copy of an adoption decree, an adoptive placement order, any other information required by the federal Indian Child Welfare Act of 1978 and a stamped envelope addressed to the secretary of the interior. F. The clerk of the court shall provide a certificate of adoption with an adoptee's new name. G. The attorney for the petitioner shall forward the certificate of adoption provided for in Subsection F of this section as follows: (1) for a person born in the United States, to the appropriate vital statistics office of the place, if known, where the adoptee was born; or (2) for all other persons, to the state registrar of vital statistics. History: 1978 Comp., § 32A-5-7, enacted by Laws 1993, ch. 77, § 134; 1995, ch. 206, § 28; 2005, ch. 189, § 59. ANNOTATIONSCross references. — For the Federal Indian Child Welfare Act of 1978, see 25 U.S.C. § 1901. The 2005 amendment, effective June 17, 2005, in Subsection F, provided that the clerk of the court shall provide a certificate of adoption with the adoptee's new name; and added Subsection G, which provided that the attorney for the petitioner shall forward the certificate of adoption as provided in Subsection G(1) and (2). The 1995 amendment, effective July 1, 1995, substituted "32A-5-9" for "32-5-9" in Subsection A and added the second sentence in Subsection E.
NM Stat § 32A-5-9 (2021)
2021 New Mexico Statutes|Chapter 32A - Children's Code|Article 5 - Adoptions|Section 32A-5-9 - Caption.

The caption for adoption proceedings shall be styled "In the Matter of the Adoption Petition of (Petitioner's Name)". History: 1978 Comp., § 32A-5-9, enacted by Laws 1993, ch. 77, § 136. ANNOTATIONSCross references. — For captions of pleadings filed in the district courts, see Rule 1-008.1 NMRA. For captions of pleadings and papers filed with the children's courts, see Rule 10-112 NMRA.
NM Stat § 32A-5-10 (2021)
2021 New Mexico Statutes|Chapter 32A - Children's Code|Article 5 - Adoptions|Section 32A-5-10 - Venue.

A petition for adoption may be filed in any county where: A. a petitioner is a resident; B. the adoptee is physically present at the time the petition is filed; C. an office of the agency that placed the adoptee for adoption is located; or D. the department office from which the child was placed is located. History: 1978 Comp., § 32A-5-10, enacted by Laws 1993, ch. 77, § 137.
NM Stat § 32A-5-11 (2021)
2021 New Mexico Statutes|Chapter 32A - Children's Code|Article 5 - Adoptions|Section 32A-5-11 - Who may be adopted; who may adopt.

A. Any child may be adopted. B. Residents who are one of the following may adopt: (1) any individual who has been approved by the court as a suitable adoptive parent pursuant to the provisions of the Adoption Act; and (2) a married individual without the individual's spouse joining in the adoption if: (a) the nonjoining spouse is a parent of the adoptee; (b) the individual and the nonjoining spouse are legally separated; or (c) the failure of the nonjoining spouse to join in the adoption is excused for reasonable circumstances as determined by the court. C. Nonresidents who meet the criteria of Subsection B of this section may adopt in New Mexico if the adoptee is a resident of New Mexico or was born in New Mexico but is less than six months of age and was placed by the department or an agency licensed by the state of New Mexico. History: 1978 Comp., § 32A-5-11, enacted by Laws 1993, ch. 77, § 138. ANNOTATIONSDecisions under prior law. — In light of the similarity of the provisions, annotations decided under former Section 40-7-33 NMSA 1978 have been included in the annotations to this section. Provision requiring residence as mandatory. — The provision requiring adopting persons to be residents of the state was mandatory and it limited jurisdiction over adoption proceedings to those brought by residents of New Mexico. Heirich v. Howe, 1946-NMSC-016, 50 N.M. 90, 171 P.2d 312. Since petitioners for adoption are nonresidents, the district court lacks the necessary jurisdiction and petition to adopt must be dismissed. Heirich v. Howe, 1946-NMSC-016, 50 N.M. 90, 171 P.2d 312 (decided under prior law).
NM Stat § 32A-5-14 (2021)
2021 New Mexico Statutes|Chapter 32A - Children's Code|Article 5 - Adoptions|Section 32A-5-14 - Pre-placement study.

A. The pre-placement study shall be performed as prescribed by department regulation and shall include at a minimum the following: (1) an individual interview with each petitioner; (2) a joint interview with both petitioners; if a joint interview is not conducted, an explanation shall be provided in the pre-placement study; (3) a home visit, which shall include an interview with the petitioner's children and any other permanent residents of the petitioner's home; (4) an interview with the adoptee, if age appropriate; (5) an individual interview with each of the adoptee's parents; if a parent is not interviewed, an explanation shall be provided in the pre-placement study; (6) full disclosure to the petitioner; (7) exploration of the petitioners' philosophy concerning discussion of adoption issues with the adoptee; (8) the initiation of a criminal records check of each petitioner; (9) a medical certificate dated not more than one year prior to any adoptive placement assessing the petitioner's health as it relates to the petitioner's ability to care for the adoptee; (10) a minimum of three letters of reference from individuals named by the petitioner or memoranda of the dates and contents of personal contacts with the references; (11) a statement of the capacity and readiness of the petitioner for parenthood and the petitioner's emotional and physical health and ability to shelter, feed, clothe and educate the adoptee; (12) verification of the petitioner's employment, financial resources and marital status; (13) a report of a medical examination performed on the adoptee within one year prior to the proposed adoptive placement; (14) a statement of the results of any prior pre-placement study or initiation of a pre-placement study, if any, of the petitioners done by any person; and (15) the investigator shall attach a copy of proof of certification by the department for the investigator to conduct pre-placement studies, or if the preparer of the pre-placement study is out-of-state, the preparer shall attach a statement setting forth qualifications that are equivalent to those required of an investigator pursuant to the provisions of Section 32A-5-13 NMSA 1978 and department regulations. B. The pre-placement study shall be completed at the cost of the petitioner. C. Unless directed by the court, a pre-placement study is not required in cases in which the child is being adopted by a stepparent, a relative or a person named in the child's deceased parent's will pursuant to Section 32A-5-12 NMSA 1978. D. The pre-placement study shall be filed with the court. History: 1978 Comp., § 32A-5-14, enacted by Laws 1993, ch. 77, § 141; 1995, ch. 206, § 32. ANNOTATIONSThe 1995 amendment, effective July 1, 1995, deleted former Paragraph (14) of Subsection A relating to a statement documenting the adoptee's family background and redesignated the remaining paragraphs accordingly, substituted "32A-5-13" for "32-5-13" in Paragraph (15) of Subsection A, and added Subsections C and D.
NM Stat § 32A-5-14.1 (2021)
2021 New Mexico Statutes|Chapter 32A - Children's Code|Article 5 - Adoptions|Section 32A-5-14.1 - Criminal history records check; background checks.

A. A nationwide criminal history records check shall be conducted on a person who files a petition to adopt a child, on prospective foster parents and on other adults residing in the prospective adoptive or foster parent's household. A person who files a petition to adopt a child shall provide the department with a set of fingerprints. The department is authorized to use the set of fingerprints to conduct a background check of the person providing the fingerprints by submitting the fingerprints to the department of public safety and the federal bureau of investigation. B. Criminal history records obtained by the department pursuant to the provisions of this section are confidential. Criminal history records obtained pursuant to the provisions of this section shall not be used for any purpose other than conducting background checks. Criminal history records obtained pursuant to the provisions of this section and the information contained in those records shall not be released or disclosed to any other person or agency, except pursuant to a court order or with the written consent of the person who is the subject of the records. C. A person who releases or discloses criminal history records or information contained in those records in violation of the provisions of this section is guilty of a misdemeanor and shall be sentenced pursuant to the provisions of Section 31-19-1 NMSA 1978. History: Laws 2003, ch. 294, § 8 and Laws 2003, ch. 321, § 8; 2005, ch. 189, § 62. ANNOTATIONSThe 2005 amendment, effective June 17, 2005, required in Subsection A that a criminal history records check be conducted on prospective foster parents and on other adults residing in the prospective adoptive or foster parent's household.
NM Stat § 32A-5-19 (2021)
2021 New Mexico Statutes|Chapter 32A - Children's Code|Article 5 - Adoptions|Section 32A-5-19 - Persons whose consents or relinquishments are not required.

The consent to adoption or relinquishment of parental rights required pursuant to the provisions of the Adoption Act shall not be required from: A. a parent whose rights with reference to the adoptee have been terminated pursuant to law; B. a parent who has relinquished the child to an agency for an adoption; C. a biological father of an adoptee conceived as a result of rape or incest; D. a person who has failed to respond when given notice pursuant to the provisions of Section 32A-5-27 NMSA 1978; or E. an alleged father who has failed to register with the putative father registry within ten days of the child's birth and is not otherwise the acknowledged father. History: 1978 Comp., § 32A-5-19, enacted by Laws 1993, ch. 77, § 146; 1997, ch. 34, § 12; 2001, ch. 162, § 4. ANNOTATIONSThe 2001 amendment, effective June 15, 2001, in Subsection E, substituted "an alleged father" for "any putative father"; inserted "and is not otherwise the acknowledged father"; and deleted former Subsection F, which read "any alleged father". The 1997 amendment, effective July 1, 1997, substituted "32A-5-27" for "32-5-27" in Subsection D, added Subsection F, and made minor stylistic changes at the end of Subsections D and E. Adoptee conceived as result of rape. — Man convicted of criminal sexual penetration of a child had no constitutional right under the due process clause of the United States or New Mexico constitutions to withhold consent to adoption of the child conceived and born as a result of that act. Christian Child Placement Serv. of the N.M. Christian Children's Home v. Vestal, 1998-NMCA-098, 125 N.M. 426, 962 P.2d 1261. Criminal sexual penetration of 16-year-old not rape. — Child conceived as a result of fourth-degree criminal sexual penetration of a 16-year-old was not conceived "as a result of rape" authorizing dismissal of the father from adoption proceedings under Subsection C of this section. State ex rel. Children, Youth & Families Dep't v. Paul P., 1999-NMCA-077, 127 N.M. 492, 983 P.2d 1011.
NM Stat § 32A-5-24 (2021)
2021 New Mexico Statutes|Chapter 32A - Children's Code|Article 5 - Adoptions|Section 32A-5-24 - Relinquishments to the department.

A. When a parent elects to relinquish parental rights to the department, a petition to accept the relinquishment shall be filed, unless an abuse or neglect proceeding is pending. If an abuse or neglect proceeding is pending, the relinquishment shall be heard in the context of that proceeding. B. In all hearings regarding relinquishment of parental rights to the department, the child shall be represented by a guardian ad litem. If the child is fourteen years of age or older and in the custody of the department, the child's attorney appointed pursuant to the Abuse and Neglect Act [Chapter 32A, Article 4 NMSA 1978] shall represent the child in any proceeding for termination of parental rights under this section. C. If a proposed relinquishment of parental rights is not in contemplation of adoption, the court shall not allow the relinquishment of parental rights unless it finds that good cause exists, that the department has made reasonable efforts to preserve the family and that relinquishment of parental rights is in the child's best interest. Whenever a parent relinquishes the parent's rights pursuant to this subsection, the parent shall remain financially responsible for the child. The court may order the parent to pay the reasonable costs of support and maintenance of the child. The court may use the child support guidelines set forth in Section 40-4-11.1 NMSA 1978 to calculate a reasonable payment. D. When a parent relinquishes the parent's rights under this section, the parent shall be notified that no contact will be enforced by the court, regardless of any informal agreement, unless the parties have agreed to an open adoption pursuant to Section 32A-5-35 NMSA 1978. The consent for relinquishment shall be in writing and shall state that the parties understand that any informal agreement allowing contact will not be enforced by the courts. History: 1978 Comp., § 32A-5-24, enacted by Laws 1993, ch. 77, § 151; 2005, ch. 189, § 66; 2009, ch. 239, § 55. ANNOTATIONSThe 2009 amendment, effective July 1, 2009, in Subsection B, added the last sentence. Applicability. — Laws 2009, ch. 239, § 71, provided that the provisions of this act apply to all children who, on July 1, 2009, are on release or are otherwise eligible to be placed on release as if the Juvenile Public Safety Advisory Board Act had been in effect at the time they were placed on release or became eligible to be released. The 2005 amendment, effective June 17, 2005, added Subsection D, which provided that when a parent relinquishes parental rights, the parent shall be notified that no contract will be enforced by the court unless the parties have agreed to an open adoption and that the consent for relinquishment shall be in writing and shall state that the parties understand that any informal agreement allowing contact will not be enforced by the court.
NM Stat § 32A-5-25 (2021)
2021 New Mexico Statutes|Chapter 32A - Children's Code|Article 5 - Adoptions|Section 32A-5-25 - Petition; time of filing.

A. A petition for adoption shall be filed within sixty days of the adoptee's placement into the proposed adoptive home if the adoptee is under the age of one year. If the adoptee is over the age of one year at the time of placement, the petition shall be filed within one hundred twenty days of the placement. For good cause shown, the court may extend those time limits up to an additional one hundred eighty days if a request for extension is filed prior to the expiration of the initial time limits. No further extensions of time shall be granted after the one hundred eighty day extension period, unless an addendum to the pre-placement study is filed in addition to an affidavit establishing good cause for the delay in filing the adoption petition. B. If a petition is not filed in a timely manner, any person having knowledge of the proceeding shall notify the department, which may proceed as if the adoptee were a neglected child. History: 1978 Comp., § 32A-5-25, enacted by Laws 1993, ch. 77, § 152; 1995, ch. 206, § 37. ANNOTATIONSThe 1995 amendment, effective July 1, 1995, substituted "adoptee's" for "child's" and "adoptee" for "child" throughout the section.
NM Stat § 32A-5-28 (2021)
2021 New Mexico Statutes|Chapter 32A - Children's Code|Article 5 - Adoptions|Section 32A-5-28 - Response to petition.

A. Any person responding to a notice of a petition for adoption shall file a verified response to the petition within the time limits specified in Section 32-5-25 [32A-5-25] NMSA 1978. B. The verified response shall follow the Rules of Civil Procedure for the District Courts and shall allege: (1) the existence of any court orders known to the respondent that regulate custody, visitation or access to the adoptee but have not been filed with the court at the time the response is filed and copies of which shall be attached to the response; (2) the relationship, if any, of the respondent to the adoptee; (3) whether the adoptee is an Indian child, and, if so, the response shall set forth all allegations required under the federal Indian Child Welfare Act of 1978; (4) whether the adoption is subject to the Interstate Compact on the Placement of Children [32A-11-1 NMSA 1978]; and (5) whether the adoption is an open adoption. History: 1978 Comp., § 32A-5-28, enacted by Laws 1993, ch. 77, § 155. ANNOTATIONSCross references. — For Rules of Civil Procedure for the District Courts, see 1-001 NMRA. For the federal Indian Child Welfare Act of 1978, see 25 U.S.C. § 1901.
NM Stat § 32A-5-29 (2021)
2021 New Mexico Statutes|Chapter 32A - Children's Code|Article 5 - Adoptions|Section 32A-5-29 - Custody pending decree.

Once the adoptee has been placed with the petitioner pursuant to the provisions of the Adoption Act, the petitioner shall have physical custody and control of the adoptee and shall be responsible for the care, maintenance and support of the adoptee, including all necessary medical, dental, psychological or surgical treatment, pending the further order of the court. Should the child be returned to the parents, this section shall not prohibit petitioners from seeking reimbursement for the child's expenses from the parents. History: 1978 Comp., § 32A-5-29, enacted by Laws 1993, ch. 77, § 156.
NM Stat § 32A-5-30 (2021)
2021 New Mexico Statutes|Chapter 32A - Children's Code|Article 5 - Adoptions|Section 32A-5-30 - Removal of adoptee from the county.

During the pendency of an adoption proceeding, the adoptee shall not be removed from the county where the petitioner resides at the time of filing a petition for adoption for a period longer than fifteen days without the permission of the court in which the adoption is pending. History: 1978 Comp., § 32A-5-30, enacted by Laws 1993, ch. 77, § 157; 1995, ch. 206, § 39. ANNOTATIONSThe 1995 amendment, effective July 1, 1995, substituted "where the petitioner resides at the time of filing a petition for adoption" for "in which the adoption is pending".