New Mexico Statutes 32A-1-8. Jurisdiction of the court; tribal court jurisdiction;
exception.
Terms Used In New Mexico Statutes 32A-1-8
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
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 [N.M. Stat. Ann. Chapter 32A, Article 3B];
(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. The provisions of the Indian Family Protection Act N.M. Stat. Ann. § 32A-28-1 to 32A-28-42 govern child custody proceedings involving Indian children. To the extent the provisions of the Indian Family Protection Act conflict with the Children’s Code, the provisions of the Indian Family Protection Act shall apply.
D. 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 N.M. Stat. Ann. § 40-10A-101 to 40-10A-403, 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.
E. The court may acquire jurisdiction over a Motor Vehicle Code [Articles 1 through 8 of N.M. Stat. Ann. Chapter 66] or municipal traffic code violation as set forth in section 32A-2-29 N.M. Stat. Ann..