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N.M. Stat § 32A-1-8
New
Mexico Statutes
Chapter
32A. Children's Code
Article
1. General Provisions Act
§ 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 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.
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.
[FN1]
25 U.S.C.A. § 1901 et seq.
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