N. M. S. A. 1978, § 32A-1-8

West's New Mexico Statutes Annotated Currentness
Chapter 32A. Children's Code (Refs & Annos)
 Article 1. General Provisions

§ 32A-1-8. Jurisdiction of the court;  tribal court jurisdiction

A. The court has exclusive original jurisdiction of all proceedings under the Children's Code in which a person is eighteen years of age or older and was a child at the time the alleged act in question was committed or is a child alleged to be:

(1) a delinquent child;

(2) a child of a family in need of court-ordered services or a child in need of services pursuant to the Family in Need of Court-Ordered Services Act;

(3) a neglected child;

(4) an abused child;

(5) a child subject to adoption;  or

(6) a child subject to placement for a developmental disability or a mental disorder.

B. The court has exclusive original jurisdiction to emancipate a minor.

C. During abuse or neglect proceedings in which New Mexico is the home state, pursuant to the provisions of the Uniform Child-Custody Jurisdiction and Enforcement Act, the court shall have jurisdiction over both parents to determine the best interest of the child and to decide all matters incident to the court proceedings.

D. Nothing in this section shall be construed to in any way abridge the rights of any Indian tribe to exercise jurisdiction over child custody matters as defined by and in accordance with the federal Indian Child Welfare Act of 1978.  [FN1]

E. A tribal court order pertaining to an Indian child in an action under the Children's Code shall be recognized and enforced by the district court for the judicial district in which the tribal court is located.  A tribal court order pertaining to an Indian child that accesses state resources shall be recognized and enforced pursuant to the provisions of intergovernmental agreements entered into by the Indian child's tribe and the department or another state agency. An Indian child residing on or off a reservation, as a citizen of this state, shall have the same right to services that are available to other children of the state, pursuant to intergovernmental agreements.  The cost of the services provided to an Indian child shall be determined and provided for in the same manner as services are made available to other children of the state, utilizing tribal, state and federal funds and pursuant to intergovernmental agreements. The tribal court, as the court of original jurisdiction, shall retain jurisdiction and authority over the Indian child.

F. The court may acquire jurisdiction over a Motor Vehicle Code or municipal traffic code violation as set forth in Section 32A-2-29 NMSA 1978.

CREDIT(S)

L. 1993, Ch. 77, § 17; L. 1995, Ch. 206, § 5, eff. July 1, 1995;  L. 1999, Ch.  46, § 1, eff. July 1, 1999;  L. 1999, Ch. 78, § 1, eff. July 1, 1999;  L. 2005, Ch. 189, § 4, eff. June 17, 2005;  L. 2009, Ch. 239, § 8, eff. July 1, 2009.

[FN1] 25 U.S.C.A. § 1901 et seq.

HISTORICAL AND STATUTORY NOTES

Both L. 1999, Ch. 46, § 1, effective July 1, 1999 and L. 1999, Ch. 78, § 1, effective July 1, 1999 enacted this section.   The text of both laws was identical.

L. 2009, Ch. 239, § 8, in subsec. A, par. (2), inserted "Court-Ordered" prior to "Services Act";  and added subsec. F.

Section 71 of L. 2009, Ch. 239 provides:

"Section 71. APPLICABILITY.--The provisions of this act apply to all children who, on July 1, 2009, are on release or are otherwise eligible to be placed on release as if the Juvenile Public Safety Advisory Board Act had been in effect at the time they were placed on release or became eligible to be released."


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