N. M. S. A. 1978, ? 32A-5-16
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West's New Mexico Statutes Annotated Currentness
Chapter 32A. Children's Code (Refs & Annos)
Article 5. Adoptions (Refs & Annos)
? 32A-5-16. Termination procedures
A.
A proceeding to terminate parental rights may be initiated in
connection with or prior to an adoption proceeding. Venue shall be
in the court for the county in which the child is physically present or
in the county from which the child was placed. The proceeding may
be initiated by any of the following:
(1) the department;
(2) an agency; or
(3)
any other person having a legitimate interest in the matter, including a
petitioner for adoption, the child's guardian, the child's guardian ad
litem or attorney in another action, a foster parent, a relative of the
child or the child.
B. A petition for termination of parental rights shall be signed and verified by the petitioner, be filed with the court and set forth:
(1) the date, place of birth and marital status of the child, if known;
(2) the grounds for termination and the facts and circumstances supporting the grounds for termination;
(3) the names and addresses of the person, authorized agency or agency officer to whom custody might be transferred;
(4) the basis for the court's jurisdiction;
(5) that the petition is in contemplation of adoption;
(6) the relationship or legitimate interest of the applicant to the child; and
(7) whether the child is an Indian child and, if so:
(a) the tribal affiliations of the child's parents;
(b)
the specific actions taken by the moving party to notify the parents'
tribe and the results of the contacts, including the names, addresses,
titles and telephone numbers of the persons contacted. Copies of
any correspondence with the Indian tribe shall be attached as exhibits
to the petition; and
(c) what specific efforts were made to comply with the placement preferences set forth in the federal Indian Child Welfare Act of 1978 or the placement preferences of the appropriate Indian tribes.
C.
Notice of the filing of the petition, accompanied by a copy of the
petition, shall be served by the petitioner on the parents of the child,
the child's guardian, the legal custodian of the child, the person with
whom the child is residing, the individuals with whom the child has
resided within the past six months and the
department. Service shall be in accordance with the Rules of
Civil Procedure for the District Courts for the service of process in a
civil action in this state, with the exception that the department may
be served by certified mail. The notice shall state
specifically that the person served shall file a written response to the
petition within twenty days if the person intends to contest the
termination. In any case involving an Indian child, notice
shall also be served on the child's Indian tribe pursuant to the federal Indian Child Welfare Act of 1978.
D.
If the identification or whereabouts of a parent is unknown, the
petitioner shall file a motion for an order granting service by
publication or an order stating that service by publication is not
required. A motion for an order granting service by publication
shall be supported by the affidavit of the petitioner, the agency or the
petitioner's attorney detailing the efforts made to locate the parent.
Upon being satisfied that reasonable efforts to locate the
parent have been made and that information as to the identity or
whereabouts of the parent is still insufficient to effect service in
accordance with SCRA, Rule 1-004, the court shall order service by
publication or order that publication is not required because the
parent's consent is not required pursuant to the provisions of Section
32A-5-19 NMSA 1978.
E.
The court shall, upon request, appoint counsel for an indigent parent
who is unable to obtain counsel or if, in the court's discretion,
appointment of counsel for an indigent parent is required in the
interest of justice. Payment for the appointed counsel shall be
made by the petitioner pursuant to the rate determined by the supreme
court of New Mexico for court-appointed attorneys.
F.
The court shall appoint a guardian ad litem for the child in all
contested proceedings for termination of parental rights. If the
child is fourteen years of age or older and in the custody of the
department, the child's attorney appointed pursuant to the Abuse and
Neglect Act shall represent the child in any proceedings for termination
of parental rights under this section.
G.
Within thirty days after the filing of a petition to terminate parental
rights, the petitioner shall request a hearing on the petition.
The hearing date shall be at least thirty days after service is
effected upon the parent of the child or completion of publication.
H.
The grounds for any attempted termination shall be proved by clear and
convincing evidence. In any proceeding involving an Indian child,
the grounds for any attempted termination shall be proved beyond a
reasonable doubt and meet the requirements set forth in the federal Indian Child Welfare Act of 1978.
I.
If the court terminates parental rights, it shall appoint a custodian
for the child. Upon entering an order terminating the parental
rights of a parent, the court may commit the child to the custody of the
department, the petitioner or an agency willing to accept custody for
the purpose of placing the child for adoption. In any termination
proceeding involving an Indian child, the court shall, in any
termination order, make specific findings that the requirements of the federal Indian Child Welfare Act of 1978 were met.
J.
A judgment of the court terminating parental rights divests the parent
of all legal rights. Termination of parental rights shall not
affect the child's right of inheritance through the former parent.