A. In a child custody proceeding involving an Indian child, the court shall determine and make an order of the domicile and residence of the Indian child and whether the Indian child is under the jurisdiction of a tribal court.

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Terms Used In New Mexico Statutes 32A-28-3

  • 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.

B. The department shall communicate with the Indian child’s tribe as necessary to assist the court in making a determination pursuant to this section. If it is unclear which tribe is the Indian child’s tribe, the department shall communicate with any tribe with which there is reason to know that the Indian child may be a member or eligible for membership.