2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 28 - Indian Family Protection › Section 32A-28-16 - Record of Indian child's tribe; Indian tribe's right to participate.

A. The department shall keep a record of:
(1) an Indian tribe of which the Indian child is a member or eligible for membership, as determined by the Indian child's tribe;
(2) whether the Indian child is a member of one Indian tribe but is eligible for membership in one or more other Indian tribes;
(3) the Indian tribe designated by agreement between one or more Indian tribes if the Indian child is not a member of each of those Indian tribes but is eligible for membership in each of those Indian tribes; or
(4) the Indian tribe recorded by the court pursuant to Subsection D of this section if the Indian child is eligible for membership in each of those Indian tribes and the Indian tribes cannot agree on the designation of the Indian child's tribe.
B. If the department files a petition, the department shall inform the court on the record of the Indian tribe or tribes of which the Indian child is a member or eligible for membership.
C. If there is no dispute, the court shall make a record of the Indian child's tribe.
D. If there is a dispute as to which Indian tribe is the Indian child's tribe, the court shall, after a hearing, record the Indian tribe with which the Indian child has more significant contacts, taking into consideration:
(1) the preference of each of the Indian child's parents;
(2) the duration of the Indian child's current or prior domicile or residence on or near the reservation of each Indian tribe;
(3) the tribal membership of the Indian child's custodial parent or Indian custodian;
(4) the interests asserted by each Indian tribe;
(5) whether the Indian tribe has previously adjudicated a case involving an Indian child;
(6) the Indian tribe's custom and tradition; and
(7) if the court determines that the Indian child is of sufficient age and capacity to meaningfully self-identify the Indian child's tribe, the self-identification of the Indian child.
E. If an Indian child is a member of or is eligible for membership in more than one Indian tribe, the court shall permit an Indian tribe, in addition to the Indian child's tribe as determined pursuant to Subsection D of this section, to participate in the child custody proceeding as an intervenor.
F. In a child custody proceeding involving an Indian child, the Indian child's tribe may be present and may participate at a closed hearing regardless of whether the Indian child's tribe has intervened.
G. The Indian child's tribe or any Indian tribe claiming the Indian child as a member, whether or not the Indian tribe has intervened, shall have the right to examine all reports or other documents filed with the court upon which a decision with respect to the action may be based.
History:
Laws 2022, ch. 41, § 16.
ANNOTATIONS
Effective dates.
— Laws 2022, ch. 41, § 74 made Laws 2022, ch. 41, § 16 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.