2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 4 - Child Abuse and Neglect › Section 32A-4-27 - Intervention; persons permitted to intervene.

A. At any stage of an abuse or neglect proceeding, a person described in this subsection may be permitted to intervene as a party with a motion for affirmative relief:
(1) a foster parent with whom the child has resided for at least six months;
(2) a relative within the fifth degree of consanguinity with whom the child has resided;
(3) a stepparent with whom the child has resided; or
(4) a person who wishes to become the child's permanent guardian.
B. When determining whether a person described in Subsection A of this section should be permitted to intervene, the court shall consider:
(1) the person's rationale for the proposed intervention; and
(2) whether intervention is in the best interest of the child.
C. When the court determines that the child's best interest will be served as a result of intervention by a person described in Subsection A of this section, the court may permit intervention unless the party opposing intervention can demonstrate that a viable plan for reunification with the respondents is in progress and that intervention could impede the progress of the reunification plan.
D. A parent of the child who is not named in the petition alleging abuse or neglect shall be permitted to intervene during any stage of an abuse or neglect proceeding.
E. The foster parent shall be permitted to intervene when:
(1) the foster parent desires to adopt the child;
(2) the child has resided with the foster parent for at least six months within the year prior to the termination of parental rights;
(3) a motion for termination of parental rights has been filed by a person other than the foster parent; and
(4) bonding between the child and the child's foster parent is alleged as a reason for terminating parental rights in the motion for termination of parental rights.
F. The foster parent, preadoptive parent or relative providing care for the child shall be given notice of, and an opportunity to be heard in, any review or hearing with respect to the child, except that this subsection shall not be construed to require that any foster parent, preadoptive parent or relative providing care for the child be made a party to such a review or hearing solely on the basis of the notice and opportunity to be heard.
History:
1978 Comp., § 32A-4-27, enacted by Laws 1993, ch. 77, § 121; 1999, ch. 77, § 9; 2022, ch. 41, § 53.
ANNOTATIONS
The 2022 amendment,
effective July 1, 2022, removed provisions related to Indian children which are now covered by the Indian Family Protection Act; in Subsection B, after "rationale for the", deleted "purposed" and added "proposed"; in Subsection D, deleted "The person described in this subsection shall be permitted to intervene during any stage of an abuse or neglect proceeding", after "the petition alleging abuse or neglect", added "shall be permitted to intervene during any stage of an abuse or neglect proceeding", and deleted Paragraph D(2), which provided "when the child is an Indian child, the child's Indian tribe"; and in Subsection E, after "The", deleted "child's".
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.
The 1999 amendment,
effective July 1, 1999, added Subsection F.