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N.M. Stat. § 32A-4-32
New Mexico Statutes Chapter
32A. Children's Code Article
4. Abuse and Neglect Act
§ 32A-4-32. Permanent
guardianship; procedure
A. A motion for permanent guardianship may be filed by any party.
B.
A motion for permanent guardianship shall set forth:
(1)
the date, place of birth and marital status of the child, if known;
(2)
the facts and circumstances supporting the grounds for permanent guardianship;
(3)
the name and address of the prospective guardian and a statement that
the person agrees to accept the duties and responsibilities of guardianship;
(4)
the basis for the court's jurisdiction;
(5)
the relationship of the child to the petitioner and the prospective guardian;
and
(6)
whether the child is subject to the federal Indian Child Welfare Act of
1978 [FN1]
and, if so:
(a)
the tribal affiliations of the child's parents;
(b)
the specific actions taken by the petitioner 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 tribes 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.
If the motion is not filed by the prospective guardian, the motion shall
be verified by the prospective guardian.
D.
Notice of the filing of the motion, accompanied by a copy of the motion,
shall be served by the moving party on any parent who has not previously
been made a party to the proceeding, the parents of the child, foster
parents with whom the child is residing, the foster parent, preadoptive
parent or relative providing care for the child with whom the child has
resided for six months, the
child's custodian, the department, any person appointed to represent any
party, including the child's guardian ad litem, and any other person the
court orders provided with notice. Service shall be in accordance with
the Children's Court Rules for the service of motions. In a case involving
a child subject to the federal Indian Child Welfare Act of 1978, notice
shall also be sent by certified mail to the Indian tribes of the child's
parents and to any "Indian custodian" as that term is defined
in 25 U.S.C. Section 1903(6). Further notice shall not be required to
a parent who has been provided notice previously pursuant to Section 32A-4-17
NMSA 1978 and who failed to make an appearance.
E.
The grounds for permanent guardianship shall be proved by clear and convincing
evidence. The grounds for permanent guardianship shall be proved beyond
a reasonable doubt and meet the requirements of 25 U.S.C. Section 1912(f)
in any proceeding involving a child subject to the federal Indian Child
Welfare Act of 1978.
F.
A judgment of the court vesting permanent guardianship with an individual
divests
the biological or adoptive parent of legal custody or guardianship of
the child, but is not a termination of the parent's rights. A child's
inheritance rights from and through the child's biological or adoptive
parents are not affected by this proceeding.
G.
Upon a finding that grounds exist for a permanent guardianship, the court
may incorporate into the final order provisions for visitation with the
natural parents, siblings or other relatives of the child and any other
provision necessary to rehabilitate the child or provide for the child's
continuing safety and well-being.
H.
The court shall retain jurisdiction to enforce its judgment of permanent
guardianship.
I.
Any party may make a motion for revocation of the order granting guardianship
when there is a significant change of circumstances, including:
(1)
the child's parent is able and willing to properly care for the child;
or
(2)
the child's guardian is unable to properly care for the child.
J.
The court shall appoint a guardian ad litem for the child in all proceedings
for the revocation of permanent guardianship.
K.
The court may revoke the order granting guardianship when a significant
change of circumstances has been proven by clear and convincing evidence
and it is in the child's best interests to revoke the order granting guardianship.
L.
1993, Ch. 77, § 126; L. 1999, Ch. 77, § 12, eff. July 1, 1999;
L. 2005, Ch. 189, § 55, eff. June 17, 2005.
[FN1]
25 U.S.C.A. § 1901 et seq.
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