reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 6A - Uniform Interstate Family Support › Article 7 - DETERMINATION OF PARENTAGE › Section 40-6A-704 - Initiation by human services department [health care authority department] of support proceeding under convention.

A. In a support proceeding pursuant to Sections 40-6A-701 through 40-6A-713 NMSA 1978, the human services department [health care authority department] of this state shall:
(1) transmit and receive applications; and
(2) initiate or facilitate the institution of a proceeding regarding an application in a tribunal of this state.
B. The following support proceedings are available to an obligee pursuant to the convention:
(1) recognition or recognition and enforcement of a foreign support order;
(2) enforcement of a support order issued or recognized in this state;
(3) establishment of a support order if there is no existing order, including, if necessary, determination of parentage of a child;
(4) establishment of a support order if recognition of a foreign support order is refused pursuant to Paragraph (2), (4) or (9) of Subsection B of Section 40-6A-708 NMSA 1978;
(5) modification of a support order of a tribunal of this state; and
(6) modification of a support order of a tribunal of another state or a foreign country.
C. The following support proceedings are available pursuant to the convention to an obligor against which there is an existing support order:
(1) recognition of an order suspending or limiting enforcement of an existing support order of a tribunal of this state;
(2) modification of a support order of a tribunal of this state; and
(3) modification of a support order of a tribunal of another state or a foreign country.
D. A tribunal of this state may not require security, bond or deposit, however described, to guarantee the payment of costs and expenses in proceedings pursuant to the convention.
History:
1978 Comp., § 40-6A-704, enacted by Laws 2011, ch. 159, § 56.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law. Laws 2023, ch. 205, § 16 provided that references to the human services department shall be deemed to be references to the health care authority department.
Compiler's notes.
— Laws 2016, ch. 61, § 1 repealed Laws 2011, ch. 159, §§ 69 and 70, an applicability clause and contingent effective date, respectively, effective May 18, 2016, thereby making Laws 2011, ch. 159, §§ 1 through 68, effective May 18, 2016. For provisions of Laws 2011, ch. 159, §§ 69 and 70,
see
compiler's note to 40-6A-100 NMSA 1978.
Effective dates.
— Laws 2011, ch. 159, § 56 became effective May 18, 2016 due to the repeal of Laws 2011, ch. 159, §§ 69 and 70 by Laws 2016, ch. 61, § 1.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 6A - Uniform Interstate Family Support › Article 7 - DETERMINATION OF PARENTAGE › Section 40-6A-705 - Direct request.

A. A petitioner may file a direct request seeking establishment or modification of a support order or determination of parentage of a child. In the proceeding, the law of this state applies.
B. A petitioner may file a direct request seeking recognition and enforcement of a support order or foreign support agreement. In the proceeding, Sections 40-6A-706 through 40-6A-713 NMSA 1978 apply.
C. In a direct request for recognition and enforcement of a convention support order or foreign support agreement:
(1) a security, bond or deposit is not required to guarantee the payment of costs and expenses; and
(2) an obligee or obligor that in the issuing country has benefited from free legal assistance is entitled to benefit, at least to the same extent, from any free legal assistance provided for by the law of this state under the same circumstances.
D. A petitioner filing a direct request is not entitled to assistance from the human services department [health care authority department] of this state.
E. Sections 40-6A-701 through 40-6A-713 NMSA 1978 do not prevent the application of laws of this state that provide simplified, more expeditious rules regarding a direct request for recognition and enforcement of a foreign support order or foreign support agreement.
History:
1978 Comp., § 40-6A-705, enacted by Laws 2011, ch. 159, § 57.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law. Laws 2023, ch. 205, § 16 provided that references to the human services department shall be deemed to be references to the health care authority department.
Compiler's notes.
— Laws 2016, ch. 61, § 1 repealed Laws 2011, ch. 159, §§ 69 and 70, an applicability clause and contingent effective date, respectively, effective May 18, 2016, thereby making Laws 2011, ch. 159, §§ 1 through 68, effective May 18, 2016. For provisions of Laws 2011, ch. 159, §§ 69 and 70,
see
compiler's note to 40-6A-100 NMSA 1978.
Effective dates.
— Laws 2011, ch. 159, § 57 became effective May 18, 2016 due to the repeal of Laws 2011, ch. 159, §§ 69 and 70 by Laws 2016, ch. 61, § 1.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 6A - Uniform Interstate Family Support › Article 7 - DETERMINATION OF PARENTAGE › Section 40-6A-706 - Registration of convention support order.

A. Except as otherwise provided in Sections 40-6A-701 through 40-6A-713 NMSA 1978, a party who is an individual or a support enforcement agency seeking recognition of a convention support order shall register the order in this state as provided in Sections 40-6A-601 through 40-6A-616 NMSA 1978.
B. Notwithstanding Section 40-6A-311 NMSA 1978 and Subsection A of Section 40-6A-602 NMSA 1978, a request for registration of a convention support order must be accompanied by:
(1) a complete text of the support order or an abstract or extract of the support order drawn up by the issuing foreign tribunal, which may be in the form recommended by The Hague Conference on Private International Law;
(2) a record stating that the support order is enforceable in the issuing country;
(3) if the respondent did not appear and was not represented in the proceedings in the issuing country, a record attesting, as appropriate, either that the respondent had proper notice of the proceedings and an opportunity to be heard or that the respondent had proper notice of the support order and an opportunity to be heard in a challenge or appeal on fact or law before a tribunal;
(4) a record showing the amount of arrears, if any, and the date the amount was calculated;
(5) a record showing a requirement for automatic adjustment of the amount of support, if any, and the information necessary to make the appropriate calculations; and
(6) if necessary, a record showing the extent to which the applicant received free legal assistance in the issuing country.
C. A request for registration of a convention support order may seek recognition and partial enforcement of the order.
D. A tribunal of this state may vacate the registration of a convention support order without the filing of a contest pursuant to Section 40-6A-707 NMSA 1978 only if, acting on its own motion, the tribunal finds that recognition and enforcement of the order would be manifestly incompatible with public policy.
E. The tribunal shall promptly notify the parties of the registration or the order vacating the registration of a convention support order.
History:
1978 Comp., § 40-6A-706, enacted by Laws 2011, ch. 159, § 58.
ANNOTATIONS
Compiler's notes.
— Laws 2016, ch. 61, § 1 repealed Laws 2011, ch. 159, §§ 69 and 70, an applicability clause and contingent effective date, respectively, effective May 18, 2016, thereby making Laws 2011, ch. 159, §§ 1 through 68, effective May 18, 2016. For provisions of Laws 2011, ch. 159, §§ 69 and 70,
see
compiler's note to 40-6A-100 NMSA 1978.
Effective dates.
— Laws 2011, ch. 159, § 58 became effective May 18, 2016 due to the repeal of Laws 2011, ch. 159, §§ 69 and 70 by Laws 2016, ch. 61, § 1.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 6A - Uniform Interstate Family Support › Article 7 - DETERMINATION OF PARENTAGE › Section 40-6A-707 - Contest of registered convention support order.

A. Except as otherwise provided in Sections 40-6A-701 through 40-6A-713 NMSA 1978, Sections 40-6A-605 through 40-6A-608 NMSA 1978 apply to a contest of a registered convention support order.
B. A party contesting a registered convention support order shall file a contest not later than thirty days after notice of the registration, but if the contesting party does not reside in the United States, the contest must be filed not later than sixty days after notice of the registration.
C. If the nonregistering party fails to contest the registered convention support order by the time specified in Subsection B of this section, the order is enforceable.
D. A contest of a registered convention support order may be based only on grounds set forth in Section 40-6A-708 NMSA 1978. The contesting party bears the burden of proof.
E. In a contest of a registered convention support order, a tribunal of this state:
(1) is bound by the findings of fact on which the foreign tribunal based its jurisdiction; and
(2) may not review the merits of the order.
F. A tribunal of this state deciding a contest of a registered convention support order shall promptly notify the parties of its decision.
G. A challenge or appeal, if any, does not stay the enforcement of a convention support order unless there are exceptional circumstances.
History:
1978 Comp., § 40-6A-707, enacted by Laws 2011, ch. 159, § 59.
ANNOTATIONS
Compiler's notes.
— Laws 2016, ch. 61, § 1 repealed Laws 2011, ch. 159, §§ 69 and 70, an applicability clause and contingent effective date, respectively, effective May 18, 2016, thereby making Laws 2011, ch. 159, §§ 1 through 68, effective May 18, 2016. For provisions of Laws 2011, ch. 159, §§ 69 and 70,
see
compiler's note to 40-6A-100 NMSA 1978.
Effective dates.
— Laws 2011, ch. 159, § 59 became effective May 18, 2016 due to the repeal of Laws 2011, ch. 159, §§ 69 and 70 by Laws 2016, ch. 61, § 1.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 6A - Uniform Interstate Family Support › Article 7 - DETERMINATION OF PARENTAGE › Section 40-6A-709 - Partial enforcement.

If a tribunal of this state does not recognize and enforce a convention support order in its entirety, it shall enforce any severable part of the order. An application or direct request may seek recognition and partial enforcement of a convention support order.
History:
1978 Comp., § 40-6A-709, enacted by Laws 2011, ch. 159, § 61.
ANNOTATIONS
Compiler's notes.
— Laws 2016, ch. 61, § 1 repealed Laws 2011, ch. 159, §§ 69 and 70, an applicability clause and contingent effective date, respectively, effective May 18, 2016, thereby making Laws 2011, ch. 159, §§ 1 through 68, effective May 18, 2016. For provisions of Laws 2011, ch. 159, §§ 69 and 70,
see
compiler's note to 40-6A-100 NMSA 1978.
Effective dates.
— Laws 2011, ch. 159, § 61 became effective May 18, 2016 due to the repeal of Laws 2011, ch. 159, §§ 69 and 70 by Laws 2016, ch. 61, § 1.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 6A - Uniform Interstate Family Support › Article 7 - DETERMINATION OF PARENTAGE › Section 40-6A-710 - Foreign support agreement.

A. Except as otherwise provided in Subsections C and D of this section, a tribunal of this state shall recognize and enforce a foreign support agreement registered in this state.
B. An application or direct request for recognition and enforcement of a foreign support agreement must be accompanied by:
(1) a complete text of the foreign support agreement; and
(2) a record stating that the foreign support agreement is enforceable as an order of support in the issuing foreign country.
C. A tribunal of this state may vacate the registration of a foreign support agreement only if, acting on its own motion, the tribunal finds that recognition and enforcement would be manifestly incompatible with public policy.
D. In a contest of a foreign support agreement, a tribunal of this state may refuse recognition and enforcement of the agreement if it finds:
(1) recognition and enforcement of the agreement is manifestly incompatible with public policy;
(2) the agreement was obtained by fraud or falsification;
(3) the agreement is incompatible with a support order involving the same parties and having the same purpose in this state, another state, or a foreign country if the support order is entitled to recognition and enforcement pursuant to Sections 40-6A-701 through 40-6A-713 NMSA 1978 in this state; or
(4) the record submitted pursuant to Subsection B of this section lacks authenticity or integrity.
E. A proceeding for recognition and enforcement of a foreign support agreement must be suspended during the pendency of a challenge to or appeal of the agreement before a tribunal of another state or a foreign country.
History:
1978 Comp., § 40-6A-710, enacted by Laws 2011, ch. 159, § 62.
ANNOTATIONS
Compiler's notes.
— Laws 2016, ch. 61, § 1 repealed Laws 2011, ch. 159, §§ 69 and 70, an applicability clause and contingent effective date, respectively, effective May 18, 2016, thereby making Laws 2011, ch. 159, §§ 1 through 68, effective May 18, 2016. For provisions of Laws 2011, ch. 159, §§ 69 and 70,
see
compiler's note to 40-6A-100 NMSA 1978.
Effective dates.
— Laws 2011, ch. 159, § 62 became effective May 18, 2016 due to the repeal of Laws 2011, ch. 159, §§ 69 and 70 by Laws 2016, ch. 61, § 1.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 6A - Uniform Interstate Family Support › Article 7 - DETERMINATION OF PARENTAGE › Section 40-6A-711 - Modification of convention child-support order.

A. A tribunal of this state may not modify a convention child-support order if the obligee remains a resident of the foreign country where the support order was issued unless:
(1) the obligee submits to the jurisdiction of a tribunal of this state, either expressly or by defending on the merits of the case without objecting to the jurisdiction at the first available opportunity; or
(2) the foreign tribunal lacks or refuses to exercise jurisdiction to modify its support order or issue a new support order.
B. If a tribunal of this state does not modify a convention child-support order because the order is not recognized in this state, Subsection C of Section 40-6A-708 NMSA 1978 applies.
History:
1978 Comp., § 40-6A-711, enacted by Laws 2011, ch. 159, § 63.
ANNOTATIONS
Compiler's notes.
— Laws 2016, ch. 61, § 1 repealed Laws 2011, ch. 159, §§ 69 and 70, an applicability clause and contingent effective date, respectively, effective May 18, 2016, thereby making Laws 2011, ch. 159, §§ 1 through 68, effective May 18, 2016. For provisions of Laws 2011, ch. 159, §§ 69 and 70,
see
compiler's note to 40-6A-100 NMSA 1978.
Effective dates.
— Laws 2011, ch. 159, § 63 became effective May 18, 2016 due to the repeal of Laws 2011, ch. 159, §§ 69 and 70 by Laws 2016, ch. 61, § 1.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 6A - Uniform Interstate Family Support › Article 7 - DETERMINATION OF PARENTAGE › Section 40-6A-712 - Personal information; limit on use.

Personal information gathered or transmitted pursuant to Sections 40-6A-701 through 40-6A-713 NMSA 1978 may be used only for the purposes for which it was gathered or transmitted.
History:
1978 Comp., § 40-6A-712, enacted by Laws 2011, ch. 159, § 64.
ANNOTATIONS
Compiler's notes.
— Laws 2016, ch. 61, § 1 repealed Laws 2011, ch. 159, §§ 69 and 70, an applicability clause and contingent effective date, respectively, effective May 18, 2016, thereby making Laws 2011, ch. 159, §§ 1 through 68, effective May 18, 2016. For provisions of Laws 2011, ch. 159, §§ 69 and 70,
see
compiler's note to 40-6A-100 NMSA 1978.
Effective dates.
— Laws 2011, ch. 159, § 64 became effective May 18, 2016 due to the repeal of Laws 2011, ch. 159, §§ 69 and 70 by Laws 2016, ch. 61, § 1.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 6A - Uniform Interstate Family Support › Article 7 - DETERMINATION OF PARENTAGE › Section 40-6A-713 - Record in original language; English translation.

A record filed with a tribunal of this state pursuant to Sections 40-6A-701 through 40-6A-713 NMSA 1978 must be in the original language and, if not in English, must be accompanied by an English translation. The cost of the translation shall be paid by the state or foreign country issuing the record.
History:
1978 Comp., § 40-6A-713, enacted by Laws 2011, ch. 159, § 65.
ANNOTATIONS
Compiler's notes.
— Laws 2016, ch. 61, § 1 repealed Laws 2011, ch. 159, §§ 69 and 70, an applicability clause and contingent effective date, respectively, effective May 18, 2016, thereby making Laws 2011, ch. 159, §§ 1 through 68, effective May 18, 2016. For provisions of Laws 2011, ch. 159, §§ 69 and 70,
see
compiler's note to 40-6A-100 NMSA 1978.
Effective dates.
— Laws 2011, ch. 159, § 65 became effective May 18, 2016 due to the repeal of Laws 2011, ch. 159, §§ 69 and 70 by Laws 2016, ch. 61, § 1.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 6A - Uniform Interstate Family Support › Article 8 - INTERSTATE RENDITION › Section 40-6A-801 - Grounds for rendition.

A. For purposes of Section 40-6A-802 NMSA 1978, "governor" includes an individual performing the functions of governor or the executive authority of a state covered by the Uniform Interstate Family Support Act.
B. The governor of this state may:
(1) demand that the governor of another state surrender an individual found in the other state who is charged criminally in this state with having failed to provide for the support of an obligee; or
(2) on the demand of the governor of another state, surrender an individual found in this state who is charged criminally in the other state with having failed to provide for the support of an obligee.
C. A provision for extradition of individuals not inconsistent with the Uniform Interstate Family Support Act applies to the demand even if the individual whose surrender is demanded was not in the demanding state when the crime was allegedly committed and has not fled therefrom.
History:
Laws 1994, ch. 107, § 801; 2005, ch. 166, § 45; 2011, ch. 159, § 66.
ANNOTATIONS
Cross references.
— For extradition generally,
see
31-4-1 to 31-4-31 NMSA 1978.
Compiler's notes.
— Laws 2016, ch. 61, § 1 repealed Laws 2011, ch. 159, §§ 69 and 70, an applicability clause and contingent effective date, respectively, effective May 18, 2016, thereby making Laws 2011, ch. 159, §§ 1 through 68, effective May 18, 2016. For provisions of Laws 2011, ch. 159, §§ 69 and 70,
see
compiler's note to 40-6A-100 NMSA 1978.
The 2011 amendment,
effective May 18, 2016, made stylist changes.
The 2005 amendment,
effective June 17, 2005, changed "by" to "of" in Subsection (b)(2).
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 6A - Uniform Interstate Family Support › Article 8 - INTERSTATE RENDITION › Section 40-6A-802 - Conditions of rendition.

A. Before making demand that the governor of another state surrender an individual charged criminally in this state with having failed to provide for the support of an obligee, the governor of this state may require a prosecutor of this state to demonstrate that at least sixty days previously the obligee had initiated proceedings for support pursuant to the Uniform Interstate Family Support Act or that the proceeding would be of no avail.
B. If, under the Uniform Interstate Family Support Act or a law substantially similar to that act, the governor of another state makes a demand that the governor of this state surrender an individual charged criminally in that state with having failed to provide for the support of a child or other individual to whom a duty of support is owed, the governor may require a prosecutor to investigate the demand and report whether a proceeding for support has been initiated or would be effective. If it appears that a proceeding would be effective but has not been initiated, the governor may delay honoring the demand for a reasonable time to permit the initiation of a proceeding.
C. If a proceeding for support has been initiated and the individual whose rendition is demanded prevails, the governor may decline to honor the demand. If the petitioner prevails and the individual whose rendition is demanded is subject to a support order, the governor may decline to honor the demand if the individual is complying with the support order.
History:
Laws 1994, ch. 107, § 802; 2005, ch. 166, § 46; 2011, ch. 159, § 67.
ANNOTATIONS
Compiler's notes.
— Laws 2016, ch. 61, § 1 repealed Laws 2011, ch. 159, §§ 69 and 70, an applicability clause and contingent effective date, respectively, effective May 18, 2016, thereby making Laws 2011, ch. 159, §§ 1 through 68, effective May 18, 2016. For provisions of Laws 2011, ch. 159, §§ 69 and 70,
see
compiler's note to 40-6A-100 NMSA 1978.
The 2011 amendment,
effective May 18, 2016, made stylist changes.
The 2005 amendment,
effective June 17, 2005, deleted the reference to the Uniform Reciprocal Enforcement of Support Act and the Revised Uniform Reciprocal Enforcement of Support Act in Subsection (b).
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 6A - Uniform Interstate Family Support › Article 9 - MISCELLANEOUS PROVISIONS › Section 40-6A-901 - Uniformity of application and construction.

The Uniform Interstate Family Support Act shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of that act among states enacting it.
History:
Laws 1994, ch. 107, § 901.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 6A - Uniform Interstate Family Support › Article 9 - MISCELLANEOUS PROVISIONS › Section 40-6A-902 - Recompiled.

ANNOTATIONS
Recompilations.
— Laws 2005, ch. 166, § 47 recompiled former 40-6A-902 NMSA 1978 as 40-6A-100 NMSA 1978, effective June 17, 2005.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 6A - Uniform Interstate Family Support › Article 9 - MISCELLANEOUS PROVISIONS › Section 40-6A-903 - Severability clause.

If any provision of the Uniform Interstate Family Support Act or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of that act which can be given effect without the invalid provision or application, and to this end the provisions of that act are severable.
History:
Laws 1994, ch. 107, § 903.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 7 - Adoption (Repealed, Recompiled.) › Section 40-7-1 to 40-7-24 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1981, ch. 171, § 12, repealed 40-7-20 NMSA 1978, as enacted by Laws 1975, ch. 349, § 3, relating to the minimum requirements for licensing child placement agencies, and repealed 40-7-22 to 40-7-24 NMSA 1978, as enacted by Laws 1975, ch. 349, §§ 5 to 7, relating to revocation or suspension of a license, judicial review and penalty for operation of a child placement agency with a license, effective June 19, 1981.
Laws 1985, ch. 194, § 39 repealed 40-7-1 to 40-7-19 NMSA 1978, as enacted and amended by Laws 1971, ch. 222, and Laws 1973, ch. 261, Laws 1975, chs. 185 and 349, Laws 1977, ch. 223, Laws 1979, ch. 113, Laws 1981, ch. 111, and Laws 1983, ch. 239, relating to the Adoption Act, and repealed 40-7-21 NMSA 1978, as enacted by Laws 1975, ch. 349, § 4, relating to a criminal offender's character evaluation, effective July 1, 1985.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 7 - Adoption (Repealed, Recompiled.) › Section 40-7-25 to 40-7-28 - Recompiled.

ANNOTATIONS
Recompilations.
— Laws 1985, ch. 194, § 38 recompiled 40-7-25 to 40-7-28 NMSA 1978 as 40-7-36 to 40-7-39 NMSA 1978; the sections were recompiled again as 40-7-62 to 40-7-65 NMSA 1978 to conform to the code assignation of the Adoption Act, 40-7-29 to 40-7-61 NMSA 1978.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 7 - Adoption (Repealed, Recompiled.) › Section 40-7-29 to 40-7-65 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1993, ch. 77, § 234E repealed 40-7-29 to 40-7-65 NMSA 1978, as enacted by Laws 1985, ch. 194, §§ 1 to 33 and amended by Laws 1987, ch. 106, §§ 5 and 6, and by Laws 1989, ch. 341, §§ 2 to 15, and as recompiled by Laws 1985, ch. 194, § 38, relating to adoptions, effective July 1, 1993. For provisions of former sections,
see
the 1992 NMSA 1978 on
NMOneSource.com
. For present comparable provisions,
see
32A-5-1 to 32A-5-45 NMSA 1978.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 7A - Child Placement Agency Licensing › Section 40-7A-1 - Short title.

Chapter 40, Article 7A NMSA 1978 may be cited as the "Child Placement Agency Licensing Act".
History:
Laws 1981, ch. 171, § 1; 2011, ch. 130, § 1.
ANNOTATIONS
The 2011 amendment,
effective June 17, 2011, changed the statutory reference.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
Foster parent's right to immunity from foster child's negligence claims, 55 A.L.R.4th 778.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 7A - Child Placement Agency Licensing › Section 40-7A-2 - Purpose.

The purpose of the Child Placement Agency Licensing Act is to facilitate the licensing of child placement agencies for the placement of abused, neglected, dependent or homeless children in a stable and loving environment where a healthy and normal parent-child relationship may exist between the foster or adoptive parent and the child.
History:
Laws 1981, ch. 171, § 2.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 7A - Child Placement Agency Licensing › Section 40-7A-3 - Definitions.

As used in the Child Placement Agency Licensing Act:
A. "child" means an individual under the age of eighteen years;
B. "child placement agency" means any individual, partnership, unincorporated association or corporation undertaking to place a child in a home in this or any other state for the purpose of foster care or adoption of the child;
C. "department" means the children, youth and families department;
D. "division" means the protective services division of the department;
E. "foster home" means a home maintained by an individual having the care and control, for periods exceeding twenty-four hours, of a child who is not placed for adoption;
F. "person" means any individual, partnership, unincorporated association or corporation; and
G. "secretary" means the secretary of children, youth and families.
History:
Laws 1981, ch. 171, § 3; 2011, ch. 130, § 2.
ANNOTATIONS
Cross references.
— For the health care authority department,
see
9-8-1 to 9-8-12 NMSA 1978.
For the social services division,
see
9-8-4 NMSA 1978.
For the secretary of human services,
see
9-8-5 NMSA 1978.
The 2011 amendment,
effective June 17, 2011, assigned responsibility for licensing child placement agencies to the children, youth and families department, and removed homes for abused, neglected, dependent and homeless children from the application of the act.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 7A - Child Placement Agency Licensing › Section 40-7A-5 - Variances.

Upon written application from a child placement agency, the division in exercise of its sole discretion may issue a variance that permits a noncompliance with the division's rules. The variance shall be in writing and may be temporary or permanent. No variance shall be issued that is contrary to the Child Placement Agency Licensing Act. There shall be no right to a variance.
History:
Laws 1981, ch. 171, § 5; 2011, ch. 130, § 4.
ANNOTATIONS
The 2011 amendment,
effective June 17, 2011, removed foster homes from the application of this section.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 7A - Child Placement Agency Licensing › Section 40-7A-7 - Judicial review; scope of review.

The filing of a petition with the district court shall not stay the enforcement of the decision of the division, but the court may order a stay upon a showing of good cause.
History:
Laws 1981, ch. 171, § 7.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 7B - Interstate Compact on Adoption and Medical Assistance › Section 40-7B-2 - Human services department [health care authority department] to administer compact; rules and regulations.

The New Mexico human services department [health care authority department], hereinafter called "the department", or its successor agency is the compact administrator of the Interstate Compact on Adoption and Medical Assistance [40-7B-1 to 40-7B-6 NMSA 1978], hereinafter called "the compact". The department shall promulgate rules and regulations to carry out more effectively the terms of the compact. Where appropriate, the department shall act jointly with the officers of other party states in promulgating such rules and regulations. The department may cooperate with all other departments and agencies of this state and its political subdivisions in facilitating the proper administration of the compact and any amendments or supplementary agreements thereunder entered into by this state.
History:
Laws 1985, ch. 133, § 2.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law. Laws 2023, ch. 205, § 16 provided that references to the human services department shall be deemed to be references to the health care authority department.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 7B - Interstate Compact on Adoption and Medical Assistance › Section 40-7B-3 - Supplementary agreements.

The compact administrator of the Interstate Compact on Adoption and Medical Assistance may enter into supplementary agreements with appropriate officials of other states pursuant to the compact. If any supplementary agreement requires or contemplates the use of any institution or facility of this state or requires or contemplates the provision of any service by this state, it shall not become effective until approved by the head of the agency under whose jurisdiction the institution or facility is operated or whose agency will be charged with rendering the service.
History:
Laws 1985, ch. 133, § 3.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 7B - Interstate Compact on Adoption and Medical Assistance › Section 40-7B-4 - Financial arrangements.

Subject to legislative appropriations, the compact administrator of the Interstate Compact on Adoption and Medical Assistance shall arrange for any payments necessary to discharge any financial obligations imposed upon this state by the compact or any supplementary agreement entered into thereunder.
History:
Laws 1985, ch. 133, § 4.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 7B - Interstate Compact on Adoption and Medical Assistance › Section 40-7B-5 - Special provisions relating to medical assistance.

A. A child with special needs, resident in this state, who is the subject of an adoption assistance agreement with another state shall be entitled to receive a medical assistance identification from this state upon filing with the department a certified copy of the adoption assistance agreement obtained from the adoption assistance state. In accordance with regulations of the department, the adoptive parents may be required periodically to show that the agreement is still in force or has been renewed.
B. The department shall consider the holder of a medical assistance identification pursuant to this section as any other holder of a medical assistance identification under the laws of this state and shall process and make payment on claims on account of such holder in the same manner and pursuant to the same conditions and procedures as for the recipients of medical assistance.
C. Where the department has entered into an adoption assistance agreement to provide to a child services which are not provided by the residence state, the department shall provide those services agreed to which are not provided by the residence state. The department will not make any payment for services provided by the residence state, even if the payment authorized for the service in the residence state is less than the payment amount authorized in New Mexico for that service. The adoptive parents acting for the child may submit evidence of payment for services or benefit amounts not provided by the residence state and shall be reimbursed therefor. However, there shall be no reimbursement for services or benefit amounts covered under any insurance or other third party medical contract or arrangement held by the child or the adoptive parents. The additional coverages and benefit amounts provided pursuant to this section shall be for services for which there is no federal contribution or which, if federally aided, are not provided by the residence state. Among other things, such regulations shall include procedures to be followed in obtaining prior approvals for services in those instances where required for the assistance.
D. The provisions of this section shall apply to medical assistance for children under adoption assistance agreements from states that have entered into a compact with this state under which the other state provides medical assistance to children with special needs under adoption assistance agreements made by this state. All other children entitled to medical assistance pursuant to adoption assistance agreements entered into by this state shall be eligible to receive such assistance in accordance with the laws and procedures applicable thereto.
History:
Laws 1985, ch. 133, § 5.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 7B - Interstate Compact on Adoption and Medical Assistance › Section 40-7B-6 - Federal participation.

Consistent with federal law, the department, in connection with the administration of the compact entered into pursuant to this act, shall include in any state plan made pursuant to the federal Adoption Assistance and Child Welfare Act of 1980 (P.L. 96-272), Titles IV(e) and XIX of the Social Security Act and any other applicable federal laws the provision of adoption assistance and medical assistance for which the federal government pays some or all of the cost. The department shall apply for and administer all relevant federal aid in accordance with law.
History:
Laws 1985, ch. 133, § 6.
ANNOTATIONS
Cross references.
— For the federal Adoption Assistance and Child Welfare Act of 1980,
see
42 U.S.C. § 602 et seq.
For Titles IV(e) and XIX of the Social Security Act, see 42 U.S.C. § 670 et seq. and 42 U.S.C. § 1396 et seq.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 8 - Change of Name › Section 40-8-2 - Repealed.

History:
Laws 1889, ch. 3, § 2; C.L. 1897, § 2911; Code 1915, § 3808; C.S. 1929, § 92-102; 1941 Comp., § 25-502; 1953 Comp., § 22-5-2; 1978 Comp., § 40-8-2; 2001, ch. 125, § 1; repealed by Laws 2023, ch. 28, § 2.
ANNOTATIONS
Repeals.
— Laws 2023, ch. 28, § 2 repealed 40-8-2 NMSA 1978, as enacted by Laws 1889, ch. 3, § 2, relating to notice of petition, exception, effective June 16, 2023. For provisions of former section,
see
the 2022 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 8 - Change of Name › Section 40-8-3 - [Hearing at regular term in county of petitioner's residence.]

That the hearing and determination of all proceedings instituted under the provisions of this chapter [40-8-1, 40-8-3 NMSA 1978], and the final order of the court therein, shall be had and made at some regular term of the district court sitting within and for the county wherein said petitioner resides.
History:
Laws 1889, ch. 3, § 3; C.L. 1897, § 2912; Code 1915, § 3809; C.S. 1929, § 92-103; 1941 Comp., § 25-503; 1953 Comp., § 22-5-3.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
Circumstances justifying grant or denial of petition to change adult's name, 79 A.L.R.3d 562.
65 C.J.S. Names § 15.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 9 - Grandparent's Visitation Privileges › Section 40-9-1 - Short title.

Chapter 40, Article 9 NMSA 1978 may be cited as the "Grandparent's Visitation Privileges Act".
History:
1978 Comp., § 40-9-1, enacted by Laws 1993, ch. 93, § 1.
ANNOTATIONS
Repeals and reenactments.
— Laws 1993, ch. 93, § 1 repealed former 40-9-1 NMSA 1978, as enacted by Laws 1979, ch. 13, § 1, relating to visitation privileges upon judgments of dissolution of marriage, legal separation or parentage, and enacted a new section effective July 1, 1993.
Law reviews.
— For article, "Survey of New Mexico Law, 1979-80: Domestic Relations and Juvenile Law," see 11 N.M.L. Rev. 134 (1981).
For note, "Family Law - A Limitation on Grandparental Rights in New Mexico: Christian Placement Service v. Gordon," see 17 N.M.L. Rev. 207 (1987).
Annual Survey of New Mexico Family Law, see 17 N.M.L. Rev. 291 (1987).
Am. Jur. 2d, A.L.R. and C.J.S. references. —
Grandparents' visitation rights, 90 A.L.R.3d 222.
Religion as factor in child custody and visitation cases, 22 A.L.R.4th 971.
Grandparents' visitation rights where child's parents are deceased, or where status of parents is unspecified, 69 A.L.R.5th 1.
Grandparent's visitation rights where child's parents are living, 71 A.L.R.5th 99.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 9 - Grandparent's Visitation Privileges › Section 40-9-1.1 - Definitions.

As used in the Grandparent's Visitation Privileges Act, "grandparent" means:
A. the biological grandparent or great-grandparent of a minor child; or
B. a person who becomes a grandparent or great-grandparent due to the adoption of a minor child by a member of that person's family.
History:
1978 Comp., § 40-9-1.1, enacted by Laws 1993, ch. 93, § 2.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 9 - Grandparent's Visitation Privileges › Section 40-9-3 - Visitation; modification; restrictions.

A. When the district court grants reasonable visitation privileges to a grandparent pursuant to the provisions of the Grandparent's Visitation Privileges Act, the court shall issue any necessary order to enforce the visitation privileges and may modify the privileges or order upon a showing of good cause by any interested person.
B. Absent a showing of good cause, no grandparent or parent shall file a petition pursuant to the provisions of the Grandparent's Visitation Privileges Act more often than once a year.
C. When an action for enforcement of a court order allowing visitation privileges is brought pursuant to the Grandparent's Visitation Privileges Act by a grandparent, the court may award court costs and reasonable attorneys' fees to the prevailing party when a court order is violated.
History:
1978 Comp., § 40-9-3, enacted by Laws 1993, ch. 93, § 4; 1995, ch. 58, § 1.
ANNOTATIONS
Repeals and reenactments.
— Laws 1993, ch. 93, § 4 repealed former 40-9-3 NMSA 1978, as enacted by Laws 1979, ch. 13, § 3, and enacted a new section, effective July 1, 1993.
The 1995 amendment,
effective June 16, 1995, inserted "or parent" in Subsection B and added Subsection C.
Rebuttable presumption.
— The presumption that a fit parent acts in the best interests of his or her child is a rebuttable presumption.
Deem v. Lobato
, 2004-NMCA-102, 136 N.M. 266, 96 P.3d 1186, cert. denied, 2004-NMCERT-008, 136 N.M. 491, 100 P.3d 197.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Grandparents' visitation rights, 90 A.L.R.3d 222.
Grandparents' visitation rights where child's parents are deceased, or where status of parents is unspecified, 69 A.L.R.5th 1.
Grandparent's visitation rights where child's parents are living, 71 A.L.R.5th 99.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 9 - Grandparent's Visitation Privileges › Section 40-9-4 - Change of child's domicile; notice to grandparent.

A. When a grandparent is granted visitation privileges with respect to a minor child pursuant to the provisions of the Grandparent's Visitation Privileges Act and the child's custodian intends to depart the state or to relocate within the state with the intention of changing that child's domicile, the custodian shall:
(1) notify the grandparents of the minor child of the custodian's intent to change the child's domicile at least five days prior to the child's change of domicile;
(2) provide the grandparent with an address and telephone number for the minor child; and
(3) afford the grandparent of the minor child the opportunity to communicate with the child.
B. This state will recognize an order or act regarding grandparent visitation privileges issued by any state, district, Indian tribe or territory of the United States of America.
History:
1978 Comp., § 40-9-4, enacted by Laws 1993, ch. 93, § 5; 1995, ch. 58, § 2.
ANNOTATIONS
Repeals and reenactments.
— Laws 1993, ch. 93, § 5 repealed former 40-9-4 NMSA 1978, as enacted by Laws 1979, ch. 13, § 4, relating to applicability of article, and enacted a new section, effective July 1, 1993.
The 1995 amendment,
effective June 16, 1995, redesignated the subsections, inserted "or to relocate within the state" in Subsection A, substituted "change of domicile" for "departure from the state" in Paragraph (1) of Subsection A, and added Subsection B.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 10 - Child Custody Jurisdiction (Repealed.) › Section 40-10-1 to 40-10-24 - Repealed.

ANNOTATIONS
Repeals.
— Laws 2001, ch. 114, § 405 repealed 40-10-1 to 40-10-24 NMSA 1978, as enacted by Laws 1981, ch. 119, §§ 1 to 23 and 25, regarding child custody jurisdiction, effective July 1, 2001. For provisions of former sections,
see
the 2000 NMSA 1978 on
NMOneSource.com
. For present comparable provisions,
see
Chapter 40, Article 10A NMSA 1978.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 10A - Child Custody › Article 1 - GENERAL PROVISIONS › Section 40-10A-103 - Proceedings governed by other law.

The Uniform Child-Custody Jurisdiction and Enforcement Act does not govern an adoption proceeding or a proceeding pertaining to the authorization of emergency medical care for a child.
History:
Laws 2001, ch. 114, § 103.
ANNOTATIONS
Cross references.
— For provisions pertaining to adoption,
see
Chapter 32A, Article 5 NMSA 1978.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 10A - Child Custody › Article 1 - GENERAL PROVISIONS › Section 40-10A-104 - Application to Indian tribes.

(a) A child-custody proceeding that pertains to an Indian child as defined in the Indian Child Welfare Act, 25 U.S.C. § 1901 et seq., is not subject to the Uniform Child-Custody Jurisdiction and Enforcement Act to the extent that it is governed by the Indian Child Welfare Act.
(b) A court of this state shall treat a tribe as if it were a state of the United States for the purpose of applying Articles 1 and 2 of the Uniform Child-Custody Jurisdiction and Enforcement Act.
(c) A child-custody determination made by a tribe under factual circumstances in substantial conformity with the jurisdictional standards of the Uniform Child-Custody Jurisdiction and Enforcement Act must be recognized and enforced under Article 3 of that act.
History:
Laws 2001, ch. 114, § 104.
ANNOTATIONS
The Indian Child Welfare Act,
25 U.S.C. §1901 does not apply to give a tribal court exclusive jurisdiction over custody disputes in divorce proceedings.
Cherino v. Cherino
, 2008-NMCA-024, 143 N.M. 452, 176 P.3d 1184.
Divorce proceedings.
— The Indian Child Welfare Act, 25 U.S.C. §1901, does not apply in divorce proceedings when the custody of children remain with the biological parents.
Cherino v. Cherino
, 2008-NMCA-024, 143 N.M. 452, 176 P.3d 1184.
Law reviews.
— For article, "Full Faith and Credit, Comity, or Federal Mandate? A Path That Leads to Recognition and Enforcement of Tribal Court Orders, Tribal Protection Orders, and Tribal Child Custody Orders", see 34 N.M.L. Rev. 381 (2004).
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 10A - Child Custody › Article 1 - GENERAL PROVISIONS › Section 40-10A-105 - International application of the Uniform Child-Custody Jurisdiction and Enforcement Act.

(a) A court of this state shall treat a foreign country as if it were a state of the United States for the purpose of applying Articles 1 and 2 of the Uniform Child-Custody Jurisdiction and Enforcement Act.
(b) Except as otherwise provided in subsection (c), a child-custody determination made in a foreign country under factual circumstances in substantial conformity with the jurisdictional standards of the Uniform Child-Custody Jurisdiction and Enforcement Act must be recognized and enforced under Article 3 of that act.
(c) A court of this state need not apply the Uniform Child-Custody Jurisdiction and Enforcement Act if the child custody law of a foreign country violates fundamental principles of human rights.
History:
Laws 2001, ch. 114, § 105.
ANNOTATIONS
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 10A - Child Custody › Article 1 - GENERAL PROVISIONS › Section 40-10A-106 - Effect of child-custody determination.

A child-custody determination made by a court of this state that had jurisdiction under the Uniform Child-Custody Jurisdiction and Enforcement Act binds all persons who have been served in accordance with the laws of this state or notified in accordance with Section 108 or who have submitted to the jurisdiction of the court, and who have been given an opportunity to be heard. As to those persons, the determination is conclusive as to all decided issues of law and fact except to the extent the determination is modified.
History:
Laws 2001, ch. 114, § 106.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
Liability of legal or natural parent, or one who aids and abets, for damages resulting from abduction of own child, 49 A.L.R.4th 7.
Child custody: when does state that issued previous custody determination have continuing jurisdiction under Uniform Child Custody Jurisdiction Act (UCCJA) or Parental Kidnapping Prevention Act (PKPA), 28 USCS § 1738A, 83 A.L.R.4th 742.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 10A - Child Custody › Article 1 - GENERAL PROVISIONS › Section 40-10A-107 - Priority.

If a question of existence or exercise of jurisdiction under the Uniform Child-Custody Jurisdiction and Enforcement Act is raised in a child-custody proceeding, the question, upon request of a party, must be given priority on the calendar and handled expeditiously.
History:
Laws 2001, ch. 114, § 107.
ANNOTATIONS
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 10A - Child Custody › Article 1 - GENERAL PROVISIONS › Section 40-10A-108 - Notice to persons outside state.

(a) Notice required for the exercise of jurisdiction when a person is outside this state may be given in a manner prescribed by the law of this state for service of process or by the law of the state in which the service is made. Notice must be given in a manner reasonably calculated to give actual notice but may be by publication if other means are not effective.
(b) Proof of service may be made in the manner prescribed by the law of this state or by the law of the state in which the service is made.
(c) Notice is not required for the exercise of jurisdiction with respect to a person who submits to the jurisdiction of the court.
History:
Laws 2001, ch. 114, § 108.
ANNOTATIONS
Notice to interested parties.
— Where jurisdiction is sought to be established under the Child Custody Jurisdiction Act (now see the Uniform Child-Custody Jurisdiction and Enforcement Act), a petitioner must obtain service upon the other parties entitled to such notice by affirmatively undertaking to give notice and obtain service upon other interested parties as contemplated by this section.
In re Sabrina Mae D.
, 1992-NMCA-050, 114 N.M. 133, 835 P.2d 849, cert. denied, 113 N.M. 744, 832 P.2d 1223.
Waiver of notice.
— Mother's handwritten document authorizing grandparents to sign any necessary papers for medical reasons for the child was insufficient to constitute consent to relinquish complete custody of her child to grandparents; nor was such document sufficient to constitute a valid waiver of notice or consent by her to submit to jurisdiction under Subsection D of 40-10-6 NMSA 1978 (now see this section).
In re Sabrina Mae D.
, 1992-NMCA-050, 114 N.M. 133, 835 P.2d 849, cert. denied, 113 N.M. 744, 832 P.2d 1223.