A. At the last review or permanency hearing held prior to the Indian child's eighteenth birthday, the court shall determine whether documentation of the Indian child's tribal membership and any information regarding the Indian child's tribal affiliation have been provided to the Indian child.B. If the court finds that the department has not made active efforts to meet all of the requirements of Section 32A-4-25.3 NMSA 1978 and of Subsection A of this section and that termination of jurisdiction would be harmful to the Indian child, the court may continue to exercise its jurisdiction. The court may dismiss the case at any time after the Indian child's eighteenth birthday for good cause.History: Laws 2022, ch. 41, § 25. ANNOTATIONSEffective dates. — Laws 2022, ch. 41, § 74 made Laws 2022, ch. 41, § 25 effective July 1, 2022.Applicability. — Laws 2022, ch. 41, § 73 provided that the provisions of Laws 2022, ch. 41 apply to all cases filed on or after July 1, 2022.Severability. — Laws 2022, ch. 41, § 72 provided that if any provision of the Indian Family Protection Act, related provisions in other sections of New Mexico law or the application of such laws to any person or . — Laws 2022, ch. 41, § 72 provided that if any provision of the Indian Family Protection Act, related provisions in other sections of New Mexico law or the application of such laws to any person or circumstances is held invalid for any reason in a court of competent jurisdiction, the invalidity does not affect other provisions of the Indian Family Protection Act and related laws.
New Mexico Legal Code