Bill > HB135

This bill, the Indian Family Protection Act, consolidates provisions specific to child custody proceedings involving Indian children into a single act. The key provisions include: - Defining key terms like "active efforts," "extended family member," and "fictive kin" related to Indian child welfare proceedings. - Requiring the department to communicate with the Indian child's tribe to determine jurisdiction and domicile. - Establishing higher standards for "active efforts" to prevent removal of Indian children from their families and to reunify them. - Requiring notice to Indian tribes of child custody proceedings and providing them the right to intervene. - Requiring the department to assist in establishing tribal membership for Indian children in its custody. - Addressing jurisdiction and transfer of proceedings to tribal courts. - Establishing strict standards of evidence and qualified expert witness requirements for foster care placement and termination of parental rights. - Providing specific requirements for voluntary placement agreements involving Indian children. - Creating a right to invalidate actions that violate the Act's provisions. - Establishing placement preferences for Indian children in foster care, adoptive, and guardianship placements. - Requiring training for judges, attorneys, and others on the Act's requirements. - Creating an Office of Tribal Affairs within the Children, Youth and Families Department to ensure compliance. - Providing for confidentiality of records and information related to Indian child welfare proceedings. The Act is intended to better protect the interests of Indian children and families in New Mexico in line with the federal Indian Child Welfare Act.

Government Affairs, Health and Social Services, Justice

https://www.nmlegis.gov/Legislation/Legislation?chamber=H&legtype=B&legno=135&year=22