2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 28 - Indian Family Protection › Section 32A-28-28 - Dispositional judgments; court findings.

A. At the conclusion of a dispositional hearing in a child custody proceeding involving an Indian child, in addition to other requirements for a court's findings pursuant to the Children's Code [Chapter 32A NMSA 1978], when the judgment is made in a child custody proceeding held pursuant to the Family in Need of Court-Ordered Services Act [Chapter 32A, Article 3B NMSA 1978] or the Abuse and Neglect Act [Chapter 32A, Article 4 NMSA 1978], a court shall include findings of:
(1) whether the placement preferences set forth in the Indian Family Protection Act have been incorporated into a plan for family services made pursuant to Section 32A-3B-15 NMSA 1978 or in a case plan as described in Section 32A-4-21 NMSA 1978; provided that if those placement preferences are not incorporated into the plan for family services or the case plan, good cause for noncompliance shall be clearly stated and supported by clear and convincing evidence;
(2) whether the plan for family services or the case plan provides for maintenance of the Indian child's cultural ties;
(3) how the Indian child's cultural needs are considered and how, when reasonable, access to cultural practices and traditional treatment will be provided to the child; and
(4) whether the Indian child's tribe was included in developing the case plan for the Indian child and was provided a copy of the transition plan prior to the presentation of the plan to the court.
B. The court shall determine during a review of a dispositional judgment involving an Indian child pursuant to Section 32A-4-25 NMSA 1978 whether the judgment complies with the placement preferences set forth in the Indian Family Protection Act or the placement preferences of the Indian child's tribe and whether the child's case plan as described in Section 32A-4-21 NMSA 1978 provides for maintaining the Indian child's cultural ties. When placement preferences are not followed, good cause for noncompliance shall be clearly stated and supported by clear and convincing evidence. A court's determination of good cause shall be made on the record or in writing and shall be based on the considerations set forth in the federal regulations or other factors authorized by federal and state law.
C. The court shall make findings determining that the department made active efforts pursuant to the Indian Family Protection Act to meet the requirements of this section and may continue to exercise its jurisdiction for a period not to exceed one year from the Indian child's eighteenth birthday. The young adult must consent to continued jurisdiction of the court. Additionally, the Indian child may volunteer to participate in the fostering connections program through the department. The court may dismiss the case at any time after the Indian child's eighteenth birthday for good cause.
D. When the child is an Indian child, the court shall determine during review of a dispositional order whether all requirements pursuant to Section 27 [32A-28-27 NMSA 1978] of the Indian Family Protection Act were followed.
History:
Laws 2022, ch. 41, § 28.
ANNOTATIONS
Effective dates.
— Laws 2022, ch. 41, § 74 made Laws 2022, ch. 41, § 28 effective July 1, 2022.
Applicability.
— Laws 2022, ch. 41, § 73 provided that the provisions of Laws 2022, ch. 41 apply to all cases filed on or after July 1, 2022.
Severability.
— Laws 2022, ch. 41, § 72 provided that if any provision of the Indian Family Protection Act, related provisions in other sections of New Mexico law or the application of such laws to any person or circumstances is held invalid for any reason in a court of competent jurisdiction, the invalidity does not affect other provisions of the Indian Family Protection Act and related laws.