2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 28 - Indian Family Protection › Section 32A-28-4 - Active efforts required in child custody proceedings, including voluntary placement agreements.

In a child custody proceeding involving an Indian child:
A. active efforts to maintain or reunite an Indian child with the Indian child's family shall be made pursuant to the Indian Family Protection Act. Active efforts shall be tailored to the facts and circumstances of each case. The department shall not seek findings of futility or aggravated circumstances;
B. the department shall, in cooperation with the Indian child and the Indian child's parents, extended family members, guardian, Indian custodian and Indian tribe, make active efforts to maintain or reunite an Indian child with the Indian child's family and tailor the active efforts to the facts and circumstances of the case and shall:
(1) document in writing the details demonstrating the quality and quantity of services and assistance provided to alleviate the causes and conditions leading to the child custody proceeding, on the court record;
(2) assist the Indian child's parent or parents, guardian or Indian custodian through the steps of a department case plan and with accessing or developing the resources necessary to satisfy the department case plan;
(3) provide assistance in a manner consistent with the prevailing social and cultural standards and way of life of the Indian child's tribe; and
(4) conduct a comprehensive assessment of the circumstances of an Indian child's family with a goal of reunification;
C. the department may make active efforts to maintain or reunite an Indian child with the Indian child's family by:
(1) identifying and establishing appropriate services and assisting the Indian child's parents to overcome barriers to reunification, including actively assisting the parents in obtaining those services;
(2) identifying, notifying and inviting representatives of the Indian child's tribe to participate in family team meetings, team decision meetings, permanency planning, resolution of placement issues and providing support and services to the Indian child's family;
(3) conducting or causing to be conducted a diligent search for the Indian child's extended family members and contacting and consulting with the Indian child's extended family members and adult relatives to provide family structure and support for the Indian child and the Indian child's parents;
(4) offering and employing culturally appropriate family preservation strategies and facilitating the use of remedial and rehabilitative services provided by the Indian child's tribe;
(5) taking steps to keep the Indian child and the Indian child's siblings together whenever possible;
(6) supporting regular visits with the Indian child's parent, guardian or Indian custodian, in the most natural setting as possible, as well as trial home visits during a period of removal, consistent with the need to ensure the health, safety and welfare of the Indian child;
(7) identifying community resources, including housing, financial assistance, transportation, mental health services, health care, substance use prevention and treatment and peer support services and actively assisting the Indian child's parents, guardian or Indian custodian or, when appropriate, the Indian child's family and extended family members, in using and accessing those resources;
(8) monitoring progress and participation of the Indian child's parents, guardian, Indian custodian or extended family members if the services described in Paragraphs (1), (2), (4) and (7) of this subsection are not available and considering alternative ways to address the needs of the Indian child's parents, guardian, Indian custodian and, where appropriate, the family, if the optimum services do not exist or are not available;
(9) providing post-reunification services and monitoring for the duration of the court's jurisdiction;
(10) allowing the Indian child to participate in customs and traditions, including attending and participating in traditional ceremonies centered around the Indian child and the Indian child's family; or
(11) any other efforts that are appropriate to the Indian child's circumstances;
D. prior to accepting an Indian child for voluntary placement, the department shall document the active efforts:
(1) made by the department to provide or arrange services by other public or private agencies that would be affordable to the family; and
(2) that would alleviate the conditions leading to the placement request;
E. the department shall record all efforts made toward active efforts and report them to the court; and
F. the court shall make a written determination at the conclusion of every proceeding as to whether the department has made active efforts to maintain or reunite the Indian child with the Indian child's family. The court shall make a written determination based on evidence on the record as to whether the department has made active efforts to provide services and support to preserve and reunify the family.
History:
Laws 2022, ch. 41, § 4.
ANNOTATIONS
Effective dates.
— Laws 2022, ch. 41, § 74 made Laws 2022, ch. 41, § 4 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.