A. The department shall submit a copy of any continuation of the dispositional order and notice of any permanency and permanency review hearings to the Indian child’s tribe pursuant to notice requirements of the Indian Family Protection Act.

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Terms Used In New Mexico Statutes 32A-28-27

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.

B. The department shall submit a progress report that documents:

(1)     that the Indian child’s tribe has been invited to attend the pre-permanency meeting and is included in any attempt to settle issues attendant to the permanency hearing and has the opportunity to participate in developing a proposed treatment plan that serves the Indian child’s best interest;

(2)     that active efforts were conducted to prevent the breakup of the Indian family or to reunify the Indian family;

(3)     that the placement preferences set forth in the Indian Family Protection Act or the placement preferences of the Indian child’s tribe were followed. When placement preferences have not been followed, good cause for noncompliance shall be clearly stated and supported by clear and convincing evidence;

(4)     the active efforts made pursuant to the Indian Family Protection Act to implement the Indian child’s cultural maintenance plan in conjunction with the Indian child’s tribe and family;

(5)     the inclusion of the Indian child’s tribe in the department’s active efforts for case planning and documentation of the Indian tribe’s input; and

(6)     that all requirements pursuant to the Indian Family Protection Act were followed.