A. A motion for permanent guardianship shall set forth: (1) the tribal affiliations of the Indian child's parents;(2) the specific actions taken by the petitioner to notify the parents' Indian tribe and the results of the contacts, including the names, addresses, titles and telephone numbers of the persons contacted. Copies of any correspondence with the Indian tribes shall be attached as exhibits to the petition;(3) the specific active efforts made to comply with the placement preferences set forth in the Indian Family Protection Act or the placement preferences of the appropriate Indian tribes and any additional requirements for that motion as provided pursuant to the Indian Family Protection Act; and(4) that notice has been sent by certified mail, with return receipt requested, to the Indian child's tribe and to any Indian custodian pursuant to the Indian Family Protection Act. B. The grounds for permanent guardianship shall be proved beyond a reasonable doubt and meet the requirements of the Indian Family Protection Act.History: Laws 2022, ch. 41, § 30. ANNOTATIONSEffective dates. — Laws 2022, ch. 41, § 74 made Laws 2022, ch. 41, § 30 effective July 1, 2022.Applicability. irements of the Indian Family Protection Act.History: Laws 2022, ch. 41, § 30. ANNOTATIONSEffective dates. — Laws 2022, ch. 41, § 74 made Laws 2022, ch. 41, § 30 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 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