New Mexico Statutes 32A-28-5. Notice to Indian tribes
A. In a child custody proceeding when the court knows or has reason to know that an Indian child is involved, the department shall notify the parent, guardian or Indian custodian and the Indian child’s tribe, by certified mail with return receipt requested, of:
Terms Used In New Mexico Statutes 32A-28-5
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
(1) the pending proceedings;
(2) the right of the Indian child’s parent, guardian, Indian custodian and Indian child’s tribe to:
(a) intervention; and
(b) petition the court to transfer the proceeding to the tribal court;
(3) the right of the Indian child’s parent, guardian or Indian custodian to court- appointed counsel if the court determines that person is unable to afford counsel; and
(4) the right of the Indian child’s tribe to participate in the child custody proceeding whether or not the Indian child’s tribe intervenes.
B. In the event that the department attempts to enter into discussion with an Indian tribe and the tribe does not respond within the time frame provided for in the Indian Family Protection Act, the department may proceed; provided that the absence of a tribal response does not:
(1) eliminate other requirements of future communication and work with the Indian tribe concerning the child; or
taken.
(2) affect the Indian tribe’s ability to respond to an action that has not yet been