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N.M. Stat. § 40-10B-6
New Mexico Statutes
Chapter
40. Domestic Affairs
Article
10B. Kinship Guardianship
§ 40-10B-6. Service
of petition; notice; parties
A. At the time of filing the petition, the petitioner shall obtain an
order of the court setting a date for hearing on the petition, which date
shall be no less than thirty and no more than ninety days from the date
of filing the petition.
B.
The petition and a notice of the hearing shall be served upon:
(1)
the children, youth and families department if there is any pending matter
relating to the child pursuant to the provisions of Chapter 32A, Article
4 NMSA 1978;
(2)
the child if he has reached his fourteenth birthday;
(3)
the parents of the child;
(4)
a person having custody of the child or visitation rights pursuant to
a court order; and
(5)
if the child is an Indian child as defined in the federal Indian Child
Welfare Act of 1978, the appropriate Indian tribe and any "Indian
custodian", together with a notice of pendency of the guardianship
proceedings, pursuant to the provisions of the federal Indian Child Welfare
Act of 1978. [FN1]
C.
Service of process required by Subsection A of this section shall be made
in accordance with the requirements for giving notice of a hearing pursuant
to Subsection A of Section 45-1-401 NMSA 1978.
D.
The persons required to be served pursuant to Subsection B of this section
have a right to file a response as parties to this action. Other persons
may intervene pursuant to Rule 1-024 NMRA.
L.
2001, Ch. 167, § 6.
[FN1]
25 U.S.C.A. § 1901 et seq.
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