0001| HOUSE BILL 717 | 0002| 43rd legislature - STATE OF NEW MEXICO - first session, 1997 | 0003| INTRODUCED BY | 0004| R. DAVID PEDERSON | 0005| | 0006| | 0007| | 0008| FOR THE COURTS, CORRECTIONS AND CRIMINAL JUSTICE COMMITTEE | 0009| | 0010| AN ACT | 0011| RELATING TO CHILDREN; CHANGING PROCEDURES AND TIME FRAMES FOR | 0012| HEARINGS HELD PURSUANT TO THE ABUSE AND NEGLECT ACT; AMENDING | 0013| AND ENACTING SECTIONS OF THE ABUSE AND NEGLECT ACT. | 0014| | 0015| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0016| Section 1. Section 32A-4-19 NMSA 1978 (being Laws 1993, | 0017| Chapter 77, Section 113) is amended to read: | 0018| "32A-4-19. ADJUDICATORY HEARINGS--TIME LIMITATIONS.-- | 0019| A. The adjudicatory hearing in a neglect or abuse | 0020| proceeding shall be commenced within [ninety] sixty days | 0021| after the latest of the following dates: | 0022| (1) the date that the petition is served on | 0023| the respondent; | 0024| (2) if the trial court orders a mistrial or a | 0025| new trial, the date that the order is filed; or | 0001| (3) in the event of an appeal, the date that | 0002| the mandate or order is filed in the district court disposing | 0003| of the appeal. | 0004| B. Prior to the adjudicatory hearing, all parties | 0005| to the hearing shall attend a mandatory meeting and attempt to | 0006| settle issues attendant to the adjudicatory hearing and develop | 0007| a proposed treatment plan that serves the child's best | 0008| interest. | 0009| [B.] C. The children's court attorney shall | 0010| represent the state at the adjudicatory hearing. | 0011| [C.] D. When the adjudicatory hearing on any | 0012| petition is not begun within the time period specified in | 0013| Subsection A of this section or within the period of any | 0014| extension granted, the petition shall be dismissed with | 0015| prejudice." | 0016| Section 2. Section 32A-4-22 NMSA 1978 (being Laws 1993, | 0017| Chapter 77, Section 116) is amended to read: | 0018| "32A-4-22. DISPOSITION OF ADJUDICATED ABUSED OR NEGLECTED | 0019| CHILD.-- | 0020| A. If not held in conjunction with the | 0021| adjudicatory hearing, the dispositional hearing shall be | 0022| commenced within thirty days after the conclusion of the | 0023| adjudicatory hearing. At the conclusion of the dispositional | 0024| hearing, the court shall make and include in the dispositional | 0025| judgment its findings on the following: | 0001| (1) the interaction and interrelationship of | 0002| the child with his parent, siblings and any other person who | 0003| may significantly affect the child's best interest; | 0004| (2) the child's adjustment to his home, school | 0005| and community; | 0006| (3) the mental and physical health of all | 0007| individuals involved; | 0008| (4) the wishes of the child as to his | 0009| custodian; | 0010| (5) the wishes of the child's parent, guardian | 0011| or custodian as to the child's custody; | 0012| (6) whether there exists a relative of the | 0013| child or other individual who, after study by the department, | 0014| is found to be qualified to receive and care for the child; | 0015| (7) the availability of services recommended | 0016| in the treatment plan prepared as a part of the predisposition | 0017| study in accordance with the provisions of Section [32-4-19] | 0018| 32A-4-21 NMSA 1978; | 0019| (8) the ability of the parent to care for the | 0020| child in the home so that no harm will result to the child; | 0021| (9) whether reasonable efforts were | 0022| [utilized] used by the department to prevent removal of the | 0023| child from the home prior to placement in substitute care and | 0024| whether reasonable efforts were [utilized] used to attempt | 0025| reunification of the child with the natural parent; and | 0001| (10) if the child is an Indian child, whether | 0002| the placement preferences set forth in the federal Indian Child | 0003| Welfare Act of 1978 or the placement preferences of the child's | 0004| Indian tribe have been followed and whether the Indian child's | 0005| treatment plan provides for maintaining the Indian child's | 0006| cultural ties. When placement preferences have not been | 0007| followed, good cause for noncompliance shall be clearly stated | 0008| and supported. | 0009| B. If a child is found to be neglected or abused, | 0010| the court may enter its judgment making any of the following | 0011| dispositions to protect the welfare of the child: | 0012| (1) permit the child to remain with his | 0013| parent, guardian or custodian, subject to those conditions and | 0014| limitations the court may prescribe; | 0015| (2) place the child under protective | 0016| supervision of the department; or | 0017| (3) transfer legal custody of the child to any | 0018| of the following: | 0019| (a) [to] the noncustodial parent, if | 0020| it is found to be in the child's best interest; | 0021| (b) an agency responsible for the care | 0022| of neglected or abused children; or | 0023| (c) a child-placement agency willing and | 0024| able to assume responsibility for the education, care and | 0025| maintenance of the child and licensed or otherwise authorized | 0001| by law to receive and provide care for the child. | 0002| C. If a child is found to be neglected or abused, | 0003| in its dispositional judgment the court shall also order the | 0004| department to implement and the child's parent, guardian or | 0005| custodian to cooperate with any treatment plan approved by the | 0006| court. | 0007| D. Any parent, guardian or custodian of a child who | 0008| is placed in the legal custody of the department or other | 0009| person pursuant to Subsection B of this section shall have | 0010| reasonable rights of visitation with the child as determined by | 0011| the court, unless the court finds that the best interests of | 0012| the child preclude any visitation. | 0013| E. The court may order reasonable visitation | 0014| between a child placed in the custody of the department and the | 0015| child's siblings or any other person who may significantly | 0016| affect the child's best interest, if the court finds the | 0017| visitation to be in the child's best interest. | 0018| F. Unless a child found to be neglected or abused | 0019| is also found to be delinquent, the child shall not be confined | 0020| in an institution established for the long-term care and | 0021| rehabilitation of delinquent children. | 0022| G. When the court vests legal custody in an agency, | 0023| institution or department, the court shall transmit with the | 0024| dispositional judgment copies of the clinical reports, the | 0025| predisposition study and report and any other information it | 0001| has pertinent to the care and treatment of the child. | 0002| H. Prior to any child being placed in the custody | 0003| or protective supervision of the department, the department | 0004| shall be provided with reasonable oral or written notification | 0005| and an opportunity to be heard. At any hearing held pursuant | 0006| to this subsection, the department may appear as a party. | 0007| I. When a child is placed in the custody of the | 0008| department, the department shall investigate whether the child | 0009| is eligible for enrollment as a member of an Indian tribe and, | 0010| if so, the department shall pursue the enrollment on the | 0011| child's behalf." | 0012| Section 3. Section 32A-4-25 NMSA 1978 (being Laws 1993, | 0013| Chapter 77, Section 119, as amended) is amended to read: | 0014| "32A-4-25. PERIODIC REVIEW OF DISPOSITIONAL JUDGMENTS.-- | 0015| A. Within [six months] sixty days of any | 0016| original dispositional order and within six months of any | 0017| subsequent continuation of the order, including a subsequent | 0018| continuation of a dispositional order ordered by the court | 0019| during a permanency hearing, the department shall petition the | 0020| court for a review of the disposition of an adjudicated | 0021| neglected or abused child. Prior to the review, the department | 0022| shall submit a progress report to the local substitute care | 0023| review board for that judicial district created under the | 0024| Citizen Substitute Care Review Act. Prior to any judicial | 0025| review by the court pursuant to this section, the local | 0001| substitute care review board may review the dispositional order | 0002| or the continuation of the order and the department's progress | 0003| report and report its findings and recommendations to the | 0004| court. The review may be carried out by either of the | 0005| following: | 0006| (1) a judicial review hearing conducted by the | 0007| court; or | 0008| (2) a judicial review hearing conducted by a | 0009| special master appointed by the court; provided, however, that | 0010| the court approve any findings made by the special master. | 0011| B. The children's court attorney shall give notice | 0012| to all parties, the child's guardian ad litem, the child's | 0013| CASA, a contractor administering the local substitute care | 0014| review board and the child's foster parent or substitute care | 0015| provider of the time, place and purpose of any judicial review | 0016| hearing held pursuant to Subsection A of this section. | 0017| C. At any judicial review hearing held pursuant to | 0018| Subsection A of this section, the department, the child's | 0019| guardian ad litem and all parties given notice under Subsection | 0020| B of this section shall have the opportunity to present | 0021| evidence and to cross-examine witnesses. At the hearing, the | 0022| department shall show that it has made reasonable effort to | 0023| implement any treatment plan approved by the court in its | 0024| dispositional order and shall present a treatment plan | 0025| consistent with the purposes of the Children's Code for any | 0001| period of extension of the dispositional order. The respondent | 0002| shall demonstrate to the court that efforts to comply with the | 0003| treatment plan approved by the court in its dispositional order | 0004| and efforts to maintain contact with the child were diligent | 0005| and made in good faith. The court shall determine the extent | 0006| of compliance with the treatment plan and whether progress is | 0007| being made toward establishing a stable and permanent placement | 0008| for the child. | 0009| D. The Rules of Evidence shall not apply to | 0010| hearings held pursuant to this section. The court may admit | 0011| testimony by any person given notice of the hearing who has | 0012| information about the status of the child or the status of the | 0013| treatment plan. | 0014| E. At the conclusion of any hearing held pursuant | 0015| to this section, the court shall make findings of fact and | 0016| conclusions of law. | 0017| F. When the child is an Indian child, the court | 0018| shall determine during review of a dispositional order whether | 0019| the placement preferences set forth in the federal Indian Child | 0020| Welfare Act of 1978 or the placement preferences of the child's | 0021| Indian tribe were followed and whether the child's treatment | 0022| plan provides for maintaining the child's cultural ties. When | 0023| placement preferences have not been followed, good cause for | 0024| noncompliance shall be clearly stated and supported. | 0025| G. Based on its findings, the court shall order one | 0001| of the following dispositions: | 0002| (1) dismiss the action and return the child to | 0003| his parent without supervision if the court finds that | 0004| conditions in the home that led to abuse have been corrected | 0005| and it is now safe for the return of the abused child; | 0006| (2) permit the child to remain with his | 0007| parent, guardian or custodian subject to those conditions and | 0008| limitations the court may prescribe, including protective | 0009| supervision of the child by the department; | 0010| (3) return the child to his parent and place | 0011| the child under the protective supervision of the department; | 0012| (4) transfer or continue legal custody of the | 0013| child to: | 0014| (a) the noncustodial parent, if that is | 0015| found to be in the child's best interests; | 0016| (b) a relative or other individual who, | 0017| after study by the department or other agency designated by the | 0018| court, is found by the court to be qualified to receive and | 0019| care for the child and is appointed as a permanent guardian of | 0020| the child; or | 0021| (c) the department, subject to the | 0022| provisions of Paragraph (6) of this subsection; | 0023| (5) continue the child in the legal custody of | 0024| the department with or without any required parental | 0025| involvement in a treatment plan; | 0001| (6) make additional orders regarding the | 0002| treatment plan or placement of the child to protect the child's | 0003| best interests if the court determines the department has | 0004| failed in implementing any material provision of the treatment | 0005| plan or abused its discretion in the placement or proposed | 0006| placement of the child; or | 0007| (7) if during a judicial review the court | 0008| finds that the child's parent, guardian or custodian has not | 0009| complied with the court-ordered treatment plan, the court may | 0010| order: | 0011| (a) the child's parent, guardian or | 0012| custodian to show cause why he should not be held in contempt | 0013| of court; or | 0014| (b) a hearing on the merits of | 0015| terminating parental rights. | 0016| H. Dispositional orders entered pursuant to this | 0017| section shall remain in force for a period of six months, | 0018| except for orders that provide for transfer of the child to the | 0019| child's noncustodial parent or to a permanent guardian. | 0020| I. The report of the local substitute care review | 0021| board submitted to the court pursuant to Subsection A of this | 0022| section shall become a part of the child's permanent court | 0023| record." | 0024| Section 4. A new section of the Abuse and Neglect Act is | 0025| enacted to read as follows: | 0001| "[NEW MATERIAL] PERMANENCY HEARINGS--REBUTTABLE | 0002| PRESUMPTIONS.-- | 0003| A. A permanency hearing shall be commenced within | 0004| six months of the initial judicial review of the child's | 0005| dispositional order. Prior to the permanency hearing, all | 0006| parties to the hearing shall attend a mandatory meeting and | 0007| attempt to settle issues attendant to the permanency hearing | 0008| and develop a proposed treatment plan that serves the child's | 0009| best interest. | 0010| B. During a permanency hearing, there shall be a | 0011| rebuttable presumption that the child's best interest will be | 0012| served by returning the child to his parent, guardian or | 0013| custodian. At the hearing, all parties shall have the | 0014| opportunity to present evidence and to cross-examine witnesses. | 0015| At the conclusion of the permanency hearing, the court shall | 0016| determine if sufficient evidence was presented to rebut the | 0017| presumption. | 0018| C. If insufficient evidence is presented to rebut, | 0019| by clear and convincing evidence, the presumption set forth in | 0020| Subsection B of this section, the court shall order one of the | 0021| following dispositions: | 0022| (1) dismiss the case and return the child to | 0023| his parent, guardian or custodian; or | 0024| (2) return the child to his parent, guardian | 0025| or custodian, subject to those conditions and limitations the | 0001| court may prescribe, including protective supervision of the | 0002| child by the department and continuation of the treatment plan | 0003| for not more than six months. | 0004| D. If sufficient evidence is presented to rebut, by | 0005| clear and convincing evidence, the presumption set forth in | 0006| Subsection B of this section, the court shall order that the | 0007| child remain in the legal custody of the department and make | 0008| additional orders regarding the treatment plan. Within three | 0009| months of a permanency hearing order issued pursuant to this | 0010| subsection, if a motion to terminate parental rights or appoint | 0011| a permanent guardian has not been filed, a subsequent | 0012| permanency hearing shall be commenced. | 0013| E. During a subsequent permanency hearing, there | 0014| shall be a rebuttable presumption that the child's best | 0015| interest will be served by initiating proceedings for adoption | 0016| of the child, permanent guardianship for the child or long-term | 0017| care for the child. At the hearing, all parties shall have the | 0018| opportunity to present evidence and cross-examine witnesses. | 0019| At the conclusion of the hearing, the court shall determine if | 0020| sufficient evidence was presented to rebut the presumption. | 0021| F. If insufficient evidence is presented to rebut, | 0022| by a preponderance of the evidence, the presumption set forth | 0023| in Subsection E of this section, the court shall order that: | 0024| (1) proceedings be initiated for adoption of | 0025| the child, permanent guardianship for the child or long-term | 0001| care for the child; and | 0002| (2) reunification of the parent and the child | 0003| is not in the child's best interest. | 0004| G. If sufficient evidence is presented to rebut, by | 0005| a preponderance of the evidence, the presumption set forth in | 0006| Subsection E of this section, the court shall order one of the | 0007| following dispositions: | 0008| (1) dismiss the case and return the child to | 0009| his parent, guardian or custodian; or | 0010| (2) return the child to his parent, guardian | 0011| or custodian, subject to those conditions and limitations the | 0012| court may prescribe, including protective supervision of the | 0013| child by the department and continuation of the treatment plan | 0014| for not more than six months. | 0015| H. The children's court attorney shall give notice | 0016| to all parties, the child's guardian ad litem, the child's | 0017| CASA, a contractor administering the local substitute care | 0018| review board and the child's foster parent or substitute care | 0019| provider of the time, place and purpose of any permanency | 0020| hearing held pursuant to this section. | 0021| I. The Rules of Evidence shall not apply to | 0022| permanency hearings. The court may admit testimony by any | 0023| person given notice of the permanency hearing who has | 0024| information about the status of the child or the status of the | 0025| treatment plan. | 0001| J. At the conclusion of any permanency hearing held | 0002| pursuant to this section, the court shall make findings of fact | 0003| and conclusions of law." | 0004| Section 5. Section 32A-4-28 NMSA 1978 (being Laws 1993, | 0005| Chapter 77, Section 122, as amended) is amended to read: | 0006| "32A-4-28. TERMINATION OF PARENTAL RIGHTS--ADOPTION | 0007| DECREE.-- | 0008| A. In proceedings to terminate parental rights, the | 0009| court shall give primary consideration to the physical, mental | 0010| and emotional welfare and needs of the child, including the | 0011| likelihood of the child being adopted if parental rights are | 0012| terminated. | 0013| B. The court shall terminate parental rights with | 0014| respect to a child when: | 0015| (1) there has been an abandonment of the child | 0016| by his parents; | 0017| (2) the child has been a neglected or abused | 0018| child as defined in the Abuse and Neglect Act and the court | 0019| finds that the conditions and causes of the neglect and abuse | 0020| are unlikely to change in the foreseeable future despite | 0021| reasonable efforts by the department or other appropriate | 0022| agency to assist the parent in adjusting the conditions that | 0023| render the parent unable to properly care for the child. | 0024| [provided] The court may find in some cases that efforts by | 0025| the department or another agency [would be] are | 0001| unnecessary, when there is a clear showing that the efforts | 0002| would be futile or when a parent has caused great bodily harm | 0003| or death to the child or the child's sibling; or | 0004| (3) the child has been placed in the care of | 0005| others, including care by other relatives, either by a court | 0006| order or otherwise and the following conditions exist: | 0007| (a) the child has lived in the home of | 0008| others for an extended period of time; | 0009| (b) the parent-child relationship has | 0010| disintegrated; | 0011| (c) a psychological parent-child | 0012| relationship has developed between the substitute family and | 0013| the child; | 0014| (d) if the court deems the child of | 0015| sufficient capacity to express a preference, the child no | 0016| longer prefers to live with the natural parent; | 0017| (e) the substitute family desires to | 0018| adopt the child; and | 0019| (f) a presumption of abandonment created | 0020| by the conditions described in Subparagraphs (a) through (e) of | 0021| this paragraph has not been rebutted. | 0022| C. A finding by the court that all of the | 0023| conditions set forth in Subparagraphs (a) through (e) of | 0024| Paragraph (3) of Subsection B of this section exist shall | 0025| create a rebuttable presumption of abandonment. | 0001| D. The termination of parental rights involving a | 0002| child subject to the federal Indian Child Welfare Act of 1978 | 0003| shall comply with the requirements of that act. | 0004| E. [When] If the court finds that parental | 0005| rights should be terminated; that the requirements for the | 0006| adoption of a child have been satisfied; that the prospective | 0007| adoptive parent is a party to the action; and that [the] good | 0008| cause exists to waive the filing of a separate petition for | 0009| adoption, the court may proceed to grant adoption of the child, | 0010| absent an appeal of the termination of parental rights. The | 0011| court shall not waive any time requirements set forth in the | 0012| Adoption Act, unless the termination of parental rights | 0013| occurred pursuant to the provisions of Paragraph (3) of | 0014| Subsection B of this section. The court may enter a decree of | 0015| adoption only after finding that the party seeking to adopt the | 0016| child has satisfied all of the requirements set forth in the | 0017| Adoption Act. Unless otherwise stipulated by all parties, an | 0018| adoption decree shall take effect sixty days after the | 0019| termination of parental rights, to allow the department | 0020| sufficient time to provide counseling for the child and | 0021| otherwise prepare the child for the adoption. The adoption | 0022| decree shall conform to the requirements of the Adoption Act | 0023| and shall have the same force and effect as other adoption | 0024| decrees entered pursuant to that act. The court clerk shall | 0025| assign an adoption case number to the adoption decree." | 0001| Section 6. Section 32A-4-29 NMSA 1978 (being Laws 1993, | 0002| Chapter 77, Section 123) is amended to read: | 0003| "32A-4-29. TERMINATION PROCEDURE.-- | 0004| A. A motion to terminate parental rights may be | 0005| filed at any stage of the abuse or neglect proceeding. The | 0006| proceeding may be initiated by any of the following: | 0007| (1) the department; | 0008| (2) a licensed child placement agency; or | 0009| (3) any other person having a legitimate | 0010| interest in the matter, including the child's guardian ad | 0011| litem, a petitioner for adoption, a foster parent or a relative | 0012| of the child. | 0013| B. The motion for termination of parental rights | 0014| shall be signed, verified by the moving party and filed with | 0015| the court. The motion shall set forth: | 0016| (1) the date, place of birth and marital | 0017| status of the child, if known; | 0018| (2) the grounds for termination and the facts | 0019| and circumstances supporting the grounds for termination; | 0020| (3) the names and addresses of the persons or | 0021| authorized agency or agency officer to whom custody might be | 0022| transferred; | 0023| (4) whether the child resides or has resided | 0024| with a foster parent who desires to adopt this child; | 0025| (5) whether the motion is in contemplation of | 0001| adoption; | 0002| (6) the relationship or legitimate interest of | 0003| the moving party to the child; and | 0004| (7) whether the child is subject to the | 0005| federal Indian Child Welfare Act of 1978 and, if so: | 0006| (a) the tribal affiliations of the | 0007| child's parents; | 0008| (b) the specific actions taken by the | 0009| moving party to notify the parents' [tribe] tribes and the | 0010| results of the contacts, including the names, addresses, titles | 0011| and telephone numbers of the persons contacted. Copies of any | 0012| correspondence with the tribes shall be attached as exhibits to | 0013| the petition; and | 0014| (c) what specific efforts were made to | 0015| comply with the placement preferences set forth in the federal | 0016| Indian Child Welfare Act of 1978 or the placement preferences | 0017| of the appropriate Indian tribes. | 0018| C. A parent who has not previously been a party to | 0019| the proceeding shall be named in the motion and shall become a | 0020| party to the proceeding. | 0021| D. Notice of the filing of the motion, accompanied | 0022| by a copy of the motion, shall be served by the moving party on | 0023| the parents of the child, any parent who has not previously | 0024| been made a party to the proceeding, foster parents with whom | 0025| the child is residing, foster parents with whom the child has | 0001| resided for six months within the previous twelve months, the | 0002| custodian of the child, the department, any person appointed to | 0003| represent any party, including the child's guardian ad litem, | 0004| and any other person the court orders. Service shall be in | 0005| accordance with the Rules of Civil Procedure for the District | 0006| Courts for the service of process in a civil action in this | 0007| state, except that foster parents and attorneys of record in | 0008| this proceeding may be served by certified mail. The notice | 0009| shall state specifically that the person served [must] | 0010| shall file a written response to the motion within twenty | 0011| days if the person intends to contest the termination. In any | 0012| case involving a child subject to the federal Indian Child | 0013| Welfare Act of 1978, notice shall also be served upon the | 0014| tribes of the child's parents and upon any "Indian custodian" | 0015| as that term is defined in 25 U.S.C. Section 1903(6). | 0016| E. If the identity or whereabouts of a person | 0017| entitled to service are unknown, the moving party shall file a | 0018| motion for an order granting service by publication supported | 0019| by the affidavit of the moving party or his agent or attorney | 0020| detailing the efforts made to locate the person entitled to | 0021| service. Upon being satisfied that reasonable efforts to | 0022| locate the person entitled to service have been made and that | 0023| information as to the identity or whereabouts of the person is | 0024| still insufficient to effect service in accordance with the | 0025| Rules of Civil Procedure for the District Courts, the court | 0001| shall order service by publication pursuant to the Rules of | 0002| Civil Procedure for the District Courts. | 0003| F. After a motion for the termination of parental | 0004| rights is filed, the parent shall be advised of the right to | 0005| counsel, unless the parent is already represented by counsel. | 0006| Counsel shall be appointed, upon request, for any parent who is | 0007| unable to obtain counsel due to financial reasons or, if in the | 0008| court's discretion, the interests of justice require | 0009| appointment of counsel. | 0010| G. The court shall assure that a guardian ad litem | 0011| represents the child in all proceedings for the termination of | 0012| parental rights. | 0013| H. When a motion to terminate parental rights is | 0014| filed, the moving party shall request a hearing on the motion. | 0015| The hearing date shall be at least thirty days, but no more | 0016| than sixty days, after service is effected upon the parties | 0017| entitled to service under this section. | 0018| I. In any action for the termination of parental | 0019| rights brought by a party other than the department and | 0020| involving a child in the custody of the department, the | 0021| department may: | 0022| (1) litigate a motion for the termination of | 0023| parental rights that was initially filed by another party; or | 0024| (2) move that the motion for the termination | 0025| of parental rights be found premature and denied. | 0001| J. The grounds for any attempted termination shall | 0002| be proved by clear and convincing evidence. In any proceeding | 0003| involving a child subject to the federal Indian Child Welfare | 0004| Act of 1978, the grounds for any attempted termination shall be | 0005| proved beyond a reasonable doubt and shall meet the | 0006| requirements set forth in 25 U.S.C. Section 1912(f). | 0007| K. When the court terminates parental rights, it | 0008| shall appoint a custodian for the child and fix responsibility | 0009| for the child's support. | 0010| L. In any termination proceeding involving a child | 0011| subject to the federal Indian Child Welfare Act of 1978, the | 0012| court shall in any termination order make specific findings | 0013| that the requirements of that act have been met. | 0014| M. A judgment of the court terminating parental | 0015| rights divests the parent of all legal rights and privileges | 0016| and dispenses with both the necessity for the consent to or | 0017| receipt of notice of any subsequent adoption proceeding | 0018| concerning the child. A judgment of the court terminating | 0019| parental rights shall not affect the child's rights of | 0020| inheritance from and through the child's biological parents." | 0021| Section 7. EFFECTIVE DATE.--The effective date of the | 0022| provisions of this act is July 1, 1997. | 0023|  State of New Mexico | 0024| House of Representatives | 0025| | 0001| FORTY-THIRD LEGISLATURE | 0002| FIRST SESSION, 1997 | 0003| | 0004| | 0005| February 22, 1997 | 0006| | 0007| | 0008| Mr. Speaker: | 0009| | 0010| Your JUDICIARY COMMITTEE, to whom has been referred | 0011| | 0012| HOUSE BILL 717 | 0013| | 0014| has had it under consideration and reports same with | 0015| recommendation that it DO NOT PASS, but that | 0016| | 0017| HOUSE JUDICIARY COMMITTEE SUBSTITUTE FOR HOUSE | 0018| BILL 717 | 0019| | 0020| DO PASS, amended as follows: | 0021| | 0022| 1. On page 10, line 10, strike the word "Subsection" and | 0023| insert in lieu thereof "Subsections A or". | 0024| | 0025| 2. On page 17, line 21 strike the second occurrence of | 0001| the word "or". | 0002| | 0003| 3. On page 17, line 22, strike the word "death" and after | 0004| the first occurrence of the word "or" insert "great bodily harm | 0005| or death to". | 0006| | 0007| Respectfully submitted, | 0008| | 0009| | 0010| | 0011| | 0012| | 0013| Thomas P. Foy, Chairman | 0014| | 0015| | 0016| Adopted Not Adopted | 0017| | 0018| (Chief Clerk) (Chief Clerk) | 0019| | 0020| Date | 0021| | 0022| The roll call vote was 10 For 0 Against | 0023| Yes: 10 | 0024| Excused: Luna, Rios, Sanchez | 0025| Absent: None | 0001| | 0002| | 0003| | 0004| G:\BILLTEXT\BILLW_97\H0717 HOUSE JUDICIARY COMMITTEE SUBSTITUTE FOR | 0005| HOUSE BILL 717 | 0006| 43rd legislature - STATE OF NEW MEXICO - first session, 1997 | 0007| | 0008| | 0009| | 0010| | 0011| | 0012| | 0013| | 0014| AN ACT | 0015| RELATING TO CHILDREN; CHANGING PROCEDURES AND TIME FRAMES FOR | 0016| HEARINGS HELD PURSUANT TO THE ABUSE AND NEGLECT ACT; AMENDING | 0017| AND ENACTING SECTIONS OF THE ABUSE AND NEGLECT ACT. | 0018| | 0019| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0020| Section 1. Section 32A-4-19 NMSA 1978 (being Laws 1993, | 0021| Chapter 77, Section 113) is amended to read: | 0022| "32A-4-19. ADJUDICATORY HEARINGS--TIME LIMITATIONS.-- | 0023| A. The adjudicatory hearing in a neglect or abuse | 0024| proceeding shall be commenced within [ninety] sixty days | 0025| after the latest of the following dates: | 0001| (1) the date that the petition is served on | 0002| the respondent; | 0003| (2) if the trial court orders a mistrial or a | 0004| new trial, the date that the order is filed; or | 0005| (3) in the event of an appeal, the date that | 0006| the mandate or order is filed in the district court disposing | 0007| of the appeal. | 0008| B. Prior to the adjudicatory hearing, all parties | 0009| to the hearing shall attend a mandatory meeting and attempt to | 0010| settle issues attendant to the adjudicatory hearing and develop | 0011| a proposed treatment plan that serves the child's best | 0012| interest. | 0013| [B.] C. The children's court attorney shall | 0014| represent the state at the adjudicatory hearing. | 0015| [C.] D. When the adjudicatory hearing on any | 0016| petition is not begun within the time period specified in | 0017| Subsection A of this section or within the period of any | 0018| extension granted, the petition shall be dismissed with | 0019| prejudice." | 0020| Section 2. Section 32A-4-20 NMSA 1978 (being Laws 1993, | 0021| Chapter 77, Section 114) is amended to read: | 0022| "32A-4-20. CONDUCT OF HEARINGS--FINDINGS--DISMISSAL-- | 0023| DISPOSITIONAL MATTERS--PENALTY.-- | 0024| A. The proceedings shall be recorded by | 0025| stenographic notes or by electronic, mechanical or other | 0001| appropriate means. | 0002| B. All abuse and neglect hearings shall be closed | 0003| to the general public. | 0004| C. Only the parties, their counsel, witnesses and | 0005| other persons approved by the court may be present at a closed | 0006| hearing. Those other persons the court finds to have a proper | 0007| interest in the case or in the work of the court may be | 0008| admitted by the court to closed hearings on the condition that | 0009| they refrain from divulging any information that would identify | 0010| the child or family involved in the proceedings. | 0011| D. Accredited representatives of the news media shall | 0012| be allowed to be present at closed hearings, subject to the | 0013| condition that they refrain from divulging information that would | 0014| identify any child involved in the proceedings or the parent, | 0015| guardian or custodian of that child and subject to enabling | 0016| regulations as the court finds necessary for the maintenance of | 0017| order and decorum and for the furtherance of the purposes of the | 0018| Children's Code. | 0019| E. If the court finds that it is in the best interest | 0020| of the child, the child may be excluded from a neglect or an abuse | 0021| hearing. Under the same conditions, a child may be excluded by | 0022| the court during a hearing on dispositional issues. | 0023| F. Those persons or parties granted admission to a | 0024| closed hearing who intentionally divulge information in violation | 0025| of this section are guilty of a petty misdemeanor. | 0001| G. The court shall determine if the allegations of the | 0002| petition are admitted or denied. If the allegations are denied, | 0003| the court shall proceed to hear evidence on the petition. The | 0004| court after hearing all of the evidence bearing on the allegations | 0005| of neglect or abuse shall make and record its findings on whether | 0006| the child is a neglected child, an abused child or both. | 0007| H. If the court finds on the basis of a valid | 0008| admission of the allegations of the petition or on the basis of | 0009| clear and convincing evidence, competent, material and relevant in | 0010| nature, that the child is neglected or abused, the court may | 0011| proceed immediately or at a postponed hearing to make disposition | 0012| of the case. If the court does not find that the child is | 0013| neglected or abused, the court shall dismiss the petition and may | 0014| refer the family to the department for appropriate services. | 0015| I. In that part of the hearings held under the | 0016| Children's Code on dispositional issues, all relevant and material | 0017| evidence helpful in determining the questions presented, including | 0018| oral and written reports, may be received by the court and may be | 0019| relied upon to the extent of its probative value even though not | 0020| competent had it been offered during the part of the hearings on | 0021| adjudicatory issues. | 0022| J. On the court's motion or that of a party, the court | 0023| may continue the hearing on the petition for a [reasonable time] | 0024| period not to exceed thirty days to receive reports and other | 0025| evidence in connection with disposition. The court shall continue | 0001| the hearing pending the receipt of the predisposition study and | 0002| report if that document has not been prepared and received. | 0003| During any continuances under this subsection, the court shall | 0004| make an appropriate order for legal custody." | 0005| Section 3. Section 32A-4-22 NMSA 1978 (being Laws 1993, | 0006| Chapter 77, Section 116) is amended to read: | 0007| "32A-4-22. DISPOSITION OF ADJUDICATED ABUSED OR NEGLECTED | 0008| CHILD.-- | 0009| A. If not held in conjunction with the adjudicatory | 0010| hearing, the dispositional hearing shall be commenced within | 0011| thirty days after the conclusion of the adjudicatory hearing. At | 0012| the conclusion of the dispositional hearing, the court shall make | 0013| and include in the dispositional judgment its findings on the | 0014| following: | 0015| (1) the interaction and interrelationship of the | 0016| child with his parent, siblings and any other person who may | 0017| significantly affect the child's best interest; | 0018| (2) the child's adjustment to his home, school | 0019| and community; | 0020| (3) the mental and physical health of all | 0021| individuals involved; | 0022| (4) the wishes of the child as to his custodian; | 0023| (5) the wishes of the child's parent, guardian | 0024| or custodian as to the child's custody; | 0025| (6) whether there exists a relative of the child | 0001| or other individual who, after study by the department, is found | 0002| to be qualified to receive and care for the child; | 0003| (7) the availability of services recommended in | 0004| the treatment plan prepared as a part of the predisposition study | 0005| in accordance with the provisions of Section [32-4-19] 32A-4- | 0006| 21 NMSA 1978; | 0007| (8) the ability of the parent to care for the | 0008| child in the home so that no harm will result to the child; | 0009| (9) whether reasonable efforts were [utilized] | 0010| used by the department to prevent removal of the child from the | 0011| home prior to placement in substitute care and whether reasonable | 0012| efforts were [utilized] used to attempt reunification of the | 0013| child with the natural parent; and | 0014| (10) if the child is an Indian child, whether | 0015| the placement preferences set forth in the federal Indian Child | 0016| Welfare Act of 1978 or the placement preferences of the child's | 0017| Indian tribe have been followed and whether the Indian child's | 0018| treatment plan provides for maintaining the Indian child's | 0019| cultural ties. When placement preferences have not been followed, | 0020| good cause for noncompliance shall be clearly stated and | 0021| supported. | 0022| B. If a child is found to be neglected or abused, the | 0023| court may enter its judgment making any of the following | 0024| dispositions to protect the welfare of the child: | 0025| (1) permit the child to remain with his parent, | 0001| guardian or custodian, subject to those conditions and limitations | 0002| the court may prescribe; | 0003| (2) place the child under protective supervision | 0004| of the department; or | 0005| (3) transfer legal custody of the child to any | 0006| of the following: | 0007| (a) [to] the noncustodial parent, if it | 0008| is found to be in the child's best interest; | 0009| (b) an agency responsible for the care of | 0010| neglected or abused children; or | 0011| (c) a child-placement agency willing and | 0012| able to assume responsibility for the education, care and | 0013| maintenance of the child and licensed or otherwise authorized by | 0014| law to receive and provide care for the child. | 0015| C. If a child is found to be neglected or abused, in | 0016| its dispositional judgment the court shall also order the | 0017| department to implement and the child's parent, guardian or | 0018| custodian to cooperate with any treatment plan approved by the | 0019| court. | 0020| D. Any parent, guardian or custodian of a child who is | 0021| placed in the legal custody of the department or other person | 0022| pursuant to Subsection B of this section shall have reasonable | 0023| rights of visitation with the child as determined by the court, | 0024| unless the court finds that the best interests of the child | 0025| preclude any visitation. | 0001| E. The court may order reasonable visitation between a | 0002| child placed in the custody of the department and the child's | 0003| siblings or any other person who may significantly affect the | 0004| child's best interest, if the court finds the visitation to be in | 0005| the child's best interest. | 0006| F. Unless a child found to be neglected or abused is | 0007| also found to be delinquent, the child shall not be confined in an | 0008| institution established for the long-term care and rehabilitation | 0009| of delinquent children. | 0010| G. When the court vests legal custody in an agency, | 0011| institution or department, the court shall transmit with the | 0012| dispositional judgment copies of the clinical reports, the | 0013| predisposition study and report and any other information it has | 0014| pertinent to the care and treatment of the child. | 0015| H. Prior to any child being placed in the custody or | 0016| protective supervision of the department, the department shall be | 0017| provided with reasonable oral or written notification and an | 0018| opportunity to be heard. At any hearing held pursuant to this | 0019| subsection, the department may appear as a party. | 0020| I. When a child is placed in the custody of the | 0021| department, the department shall investigate whether the child is | 0022| eligible for enrollment as a member of an Indian tribe and, if so, | 0023| the department shall pursue the enrollment on the child's behalf." | 0024| Section 4. Section 32A-4-25 NMSA 1978 (being Laws 1993, | 0025| Chapter 77, Section 119, as amended) is amended to read: | 0001| "32A-4-25. PERIODIC REVIEW OF DISPOSITIONAL JUDGMENTS.-- | 0002| A. [Within six months of any original dispositional | 0003| order and within six months of any subsequent continuation of the | 0004| order, the department shall petition the court for a review of the | 0005| disposition of an adjudicated neglected or abused child.] The | 0006| initial judicial review shall be held within sixty days of the | 0007| disposition. At the initial review, the parties shall demonstrate | 0008| to the court efforts made to implement the treatment plan approved | 0009| by the court in its dispositional order. The court shall | 0010| determine the extent to which the treatment plan has been | 0011| implemented and make supplemental orders as necessary to assure | 0012| compliance with the treatment plan and the safety of the child. | 0013| Prior to the initial judicial review, the department shall submit | 0014| a copy of the adjudicatory order, the dispositional order and | 0015| notice of the initial judicial review to the local substitute care | 0016| review board for that judicial district created under the Citizen | 0017| Substitute Care Review Act. A representative of the local | 0018| substitute care review board shall be permitted to attend and | 0019| comment to the court. | 0020| B. Subsequent periodic reviews of dispositional orders | 0021| shall be held within six months of the conclusion of the | 0022| permanency hearing or, if a motion has been filed for termination | 0023| of parental rights or permanent guardianship, within six months of | 0024| the decision on that motion and every six months thereafter. | 0025| Prior to the review, the department shall submit a progress report | 0001| to the local substitute care review board for that judicial | 0002| district created under the Citizen Substitute Care Review Act. | 0003| Prior to any judicial review by the court pursuant to this | 0004| section, the local substitute care review board may review the | 0005| dispositional order or the continuation of the order and the | 0006| department's progress report and report its findings and | 0007| recommendations to the court. The review may be carried out by | 0008| either of the following: | 0009| (1) a judicial review hearing conducted by the | 0010| court; or | 0011| (2) a judicial review hearing conducted by a | 0012| special master appointed by the court; provided, however, that the | 0013| court approve any findings made by the special master. | 0014| [B.] C. The children's court attorney shall give | 0015| notice to all parties, the child's guardian ad litem, the child's | 0016| CASA, a contractor administering the local substitute care review | 0017| board and the child's foster parent or substitute care provider of | 0018| the time, place and purpose of any judicial review hearing held | 0019| pursuant to Subsection [A] B of this section. | 0020| [C.] D. At any judicial review hearing held | 0021| pursuant to Subsection [A] B of this section, the department, | 0022| the child's guardian ad litem and all parties given notice under | 0023| Subsection [B] C of this section shall have the opportunity to | 0024| present evidence and to cross-examine witnesses. At the hearing, | 0025| the department shall show that it has made reasonable effort to | 0001| implement any treatment plan approved by the court in its | 0002| dispositional order and shall present a treatment plan consistent | 0003| with the purposes of the Children's Code for any period of | 0004| extension of the dispositional order. The respondent shall | 0005| demonstrate to the court that efforts to comply with the treatment | 0006| plan approved by the court in its dispositional order and efforts | 0007| to maintain contact with the child were diligent and made in good | 0008| faith. The court shall determine the extent of compliance with | 0009| the treatment plan and whether progress is being made toward | 0010| establishing a stable and permanent placement for the child. | 0011| [D.] E. The Rules of Evidence shall not apply to | 0012| hearings held pursuant to this section. The court may admit | 0013| testimony by any person given notice of the hearing who has | 0014| information about the status of the child or the status of the | 0015| treatment plan. | 0016| [E.] F. At the conclusion of any hearing held | 0017| pursuant to this section, the court shall make findings of fact | 0018| and conclusions of law. | 0019| [F.] G. When the child is an Indian child, the | 0020| court shall determine during review of a dispositional order | 0021| whether the placement preferences set forth in the federal Indian | 0022| Child Welfare Act of 1978 or the placement preferences of the | 0023| child's Indian tribe were followed and whether the child's | 0024| treatment plan provides for maintaining the child's cultural ties. | 0025| When placement preferences have not been followed, good cause for | 0001| noncompliance shall be clearly stated and supported. | 0002| [G.] H. Based on its findings at a judicial | 0003| review hearing held pursuant to Subsection B of this section, the | 0004| court shall order one of the following dispositions: | 0005| (1) dismiss the action and return the child to | 0006| his parent without supervision if the court finds that conditions | 0007| in the home that led to abuse have been corrected and it is now | 0008| safe for the return of the abused child; | 0009| (2) permit the child to remain with his parent, | 0010| guardian or custodian subject to those conditions and limitations | 0011| the court may prescribe, including protective supervision of the | 0012| child by the department; | 0013| (3) return the child to his parent and place the | 0014| child under the protective supervision of the department; | 0015| (4) transfer or continue legal custody of the | 0016| child to: | 0017| (a) the noncustodial parent, if that is | 0018| found to be in the child's best interests; | 0019| (b) a relative or other individual who, | 0020| after study by the department or other agency designated by the | 0021| court, is found by the court to be qualified to receive and care | 0022| for the child and is appointed as a permanent guardian of the | 0023| child; or | 0024| (c) the department, subject to the | 0025| provisions of Paragraph (6) of this subsection; | 0001| (5) continue the child in the legal custody of | 0002| the department with or without any required parental involvement | 0003| in a treatment plan; | 0004| (6) make additional orders regarding the | 0005| treatment plan or placement of the child to protect the child's | 0006| best interests if the court determines the department has failed | 0007| in implementing any material provision of the treatment plan or | 0008| abused its discretion in the placement or proposed placement of | 0009| the child; or | 0010| (7) if during a judicial review the court finds | 0011| that the child's parent, guardian or custodian has not complied | 0012| with the court-ordered treatment plan, the court may order: | 0013| (a) the child's parent, guardian or | 0014| custodian to show cause why he should not be held in contempt of | 0015| court; or | 0016| (b) a hearing on the merits of terminating | 0017| parental rights. | 0018| [H.] I. Dispositional orders entered pursuant to | 0019| this section shall remain in force for a period of six months, | 0020| except for orders that provide for transfer of the child to the | 0021| child's noncustodial parent or to a permanent guardian. | 0022| [I.] J. The report of the local substitute care | 0023| review board submitted to the court pursuant to Subsection [A] | 0024| B of this section shall become a part of the child's permanent | 0025| court record." | 0001| Section 5. A new section of the Abuse and Neglect Act is | 0002| enacted to read as follows: | 0003| "[NEW MATERIAL] PERMANENCY HEARINGS--REBUTTABLE | 0004| PRESUMPTIONS.-- | 0005| A. A permanency hearing shall be commenced within six | 0006| months of the initial judicial review of the child's dispositional | 0007| order. Prior to the initial permanency hearing, all parties to | 0008| the hearing shall attend a mandatory meeting and attempt to settle | 0009| issues attendant to the permanency hearing and develop a proposed | 0010| treatment plan that serves the child's best interest. Prior to | 0011| the initial permanency hearing, the department shall submit a | 0012| progress report regarding the child to the local substitute care | 0013| review board for that judicial district. The local substitute | 0014| care review board may review the child's dispositional order, any | 0015| continuation of that order and the department's progress report | 0016| and report its findings and recommendations to the court. | 0017| B. During a permanency hearing, there shall be a | 0018| rebuttable presumption that the child's best interest will be | 0019| served by returning the child to his parent, guardian or | 0020| custodian. At the hearing, all parties shall have the opportunity | 0021| to present evidence and to cross-examine witnesses. At the | 0022| conclusion of the permanency hearing, the court shall determine if | 0023| sufficient evidence was presented to rebut the presumption. | 0024| C. If insufficient evidence is presented to rebut, by | 0025| a preponderance of the evidence, the presumption set forth in | 0001| Subsection B of this section, the court shall order one of the | 0002| following dispositions: | 0003| (1) dismiss the case and return the child to his | 0004| parent, guardian or custodian; or | 0005| (2) return the child to his parent, guardian or | 0006| custodian, subject to those conditions and limitations the court | 0007| may prescribe, including protective supervision of the child by | 0008| the department and continuation of the treatment plan for not more | 0009| than six months. | 0010| D. If sufficient evidence is presented to rebut, by a | 0011| preponderance of the evidence, the presumption set forth in | 0012| Subsection B of this section, the court shall order that the child | 0013| remain in the legal custody of the department and make additional | 0014| orders regarding the treatment plan. Within three months of a | 0015| permanency hearing order issued pursuant to this subsection, if a | 0016| motion to terminate parental rights or appoint a permanent | 0017| guardian has not been filed or if the child's permanency plan has | 0018| not been formally changed to provide for emancipation of the | 0019| child, a subsequent permanency hearing shall be commenced. | 0020| E. During a subsequent permanency hearing, there shall | 0021| be a rebuttable presumption that the child's best interest will be | 0022| served by changing the child's permanency plan to provide for | 0023| adoption of the child, emancipation of the child, permanent | 0024| guardianship for the child or long-term foster care for the child. | 0025| At the hearing, all parties shall have the opportunity to present | 0001| evidence and cross-examine witnesses. At the conclusion of the | 0002| hearing, the court shall determine if sufficient evidence was | 0003| presented to rebut the presumption. | 0004| F. If insufficient evidence is presented to rebut, by | 0005| a preponderance of the evidence, the presumption set forth in | 0006| Subsection E of this section, the court shall order: | 0007| (1) the department to change the child's | 0008| permanency plan to provide for adoption of the child, emancipation | 0009| of the child, permanent guardianship for the child or long-term | 0010| foster care for the child; and | 0011| (2) that additional efforts to reunite the child | 0012| and his parent shall not be attempted. | 0013| G. If sufficient evidence is presented to rebut, by a | 0014| preponderance of the evidence, the presumption set forth in | 0015| Subsection E of this section, the court shall order one of the | 0016| following dispositions: | 0017| (1) dismiss the case and return the child to his | 0018| parent, guardian or custodian; or | 0019| (2) return the child to his parent, guardian or | 0020| custodian, subject to those conditions and limitations the court | 0021| may prescribe, including protective supervision of the child by | 0022| the department and continuation of the treatment plan for not more | 0023| than six months. | 0024| H. The children's court attorney shall give notice to | 0025| all parties, the child's guardian ad litem, the child's CASA, a | 0001| contractor administering the local substitute care review board | 0002| and the child's foster parent or substitute care provider of the | 0003| time, place and purpose of any permanency hearing held pursuant to | 0004| this section. | 0005| I. The Rules of Evidence shall not apply to permanency | 0006| hearings. The court may admit testimony by any person given | 0007| notice of the permanency hearing who has information about the | 0008| status of the child or the status of the treatment plan. All | 0009| testimony shall be subject to cross-examination." | 0010| Section 6. Section 32A-4-28 NMSA 1978 (being Laws 1993, | 0011| Chapter 77, Section 122, as amended) is amended to read: | 0012| "32A-4-28. TERMINATION OF PARENTAL RIGHTS--ADOPTION | 0013| DECREE.-- | 0014| A. In proceedings to terminate parental rights, the | 0015| court shall give primary consideration to the physical, mental and | 0016| emotional welfare and needs of the child, including the | 0017| likelihood of the child being adopted if parental rights are | 0018| terminated. | 0019| B. The court shall terminate parental rights with | 0020| respect to a child when: | 0021| (1) there has been an abandonment of the child | 0022| by his parents; | 0023| (2) the child has been a neglected or abused | 0024| child as defined in the Abuse and Neglect Act and the court finds | 0025| that the conditions and causes of the neglect and abuse are | 0001| unlikely to change in the foreseeable future despite reasonable | 0002| efforts by the department or other appropriate agency to assist | 0003| the parent in adjusting the conditions that render the parent | 0004| unable to properly care for the child. [provided] The court may | 0005| find in some cases that efforts by the department or another | 0006| agency [would be] are unnecessary, when there is a clear | 0007| showing that the efforts would be futile or when a parent has | 0008| caused great bodily harm or death to the child or the child's | 0009| sibling; or | 0010| (3) the child has been placed in the care of | 0011| others, including care by other relatives, either by a court order | 0012| or otherwise and the following conditions exist: | 0013| (a) the child has lived in the home of | 0014| others for an extended period of time; | 0015| (b) the parent-child relationship has | 0016| disintegrated; | 0017| (c) a psychological parent-child | 0018| relationship has developed between the substitute family and the | 0019| child; | 0020| (d) if the court deems the child of | 0021| sufficient capacity to express a preference, the child no longer | 0022| prefers to live with the natural parent; | 0023| (e) the substitute family desires to adopt | 0024| the child; and | 0025| (f) a presumption of abandonment created by | 0001| the conditions described in Subparagraphs (a) through (e) of this | 0002| paragraph has not been rebutted. | 0003| C. A finding by the court that all of the conditions | 0004| set forth in Subparagraphs (a) through [(e)] (f) of Paragraph | 0005| (3) of Subsection B of this section exist shall create a | 0006| rebuttable presumption of abandonment. | 0007| D. The termination of parental rights involving a | 0008| child subject to the federal Indian Child Welfare Act of 1978 | 0009| shall comply with the requirements of that act. | 0010| E. [When] If the court finds that parental rights | 0011| should be terminated; that the requirements for the adoption of a | 0012| child have been satisfied; that the prospective adoptive parent is | 0013| a party to the action; and that [the] good cause exists to waive | 0014| the filing of a separate petition for adoption, the court may | 0015| proceed to grant adoption of the child, absent an appeal of the | 0016| termination of parental rights. The court shall not waive any | 0017| time requirements set forth in the Adoption Act, unless the | 0018| termination of parental rights occurred pursuant to the provisions | 0019| of Paragraph (3) of Subsection B of this section. The court may | 0020| enter a decree of adoption only after finding that the party | 0021| seeking to adopt the child has satisfied all of the requirements | 0022| set forth in the Adoption Act. Unless otherwise stipulated by all | 0023| parties, an adoption decree shall take effect sixty days after the | 0024| termination of parental rights, to allow the department sufficient | 0025| time to provide counseling for the child and otherwise prepare the | 0001| child for the adoption. The adoption decree shall conform to the | 0002| requirements of the Adoption Act and shall have the same force and | 0003| effect as other adoption decrees entered pursuant to that act. | 0004| The court clerk shall assign an adoption case number to the | 0005| adoption decree." | 0006| Section 7. Section 32A-4-29 NMSA 1978 (being Laws 1993, | 0007| Chapter 77, Section 123) is amended to read: | 0008| "32A-4-29. TERMINATION PROCEDURE.-- | 0009| A. A motion to terminate parental rights may be filed | 0010| at any stage of the abuse or neglect proceeding. The proceeding | 0011| may be initiated by any of the following: | 0012| (1) the department; | 0013| (2) a licensed child placement agency; or | 0014| (3) any other person having a legitimate | 0015| interest in the matter, including the child's guardian ad litem, a | 0016| petitioner for adoption, a foster parent or a relative of the | 0017| child. | 0018| B. The motion for termination of parental rights shall | 0019| be signed, verified by the moving party and filed with the court. | 0020| The motion shall set forth: | 0021| (1) the date, place of birth and marital status | 0022| of the child, if known; | 0023| (2) the grounds for termination and the facts | 0024| and circumstances supporting the grounds for termination; | 0025| (3) the names and addresses of the persons or | 0001| authorized agency or agency officer to whom custody might be | 0002| transferred; | 0003| (4) whether the child resides or has resided | 0004| with a foster parent who desires to adopt this child; | 0005| (5) whether the motion is in contemplation of | 0006| adoption; | 0007| (6) the relationship or legitimate interest of | 0008| the moving party to the child; and | 0009| (7) whether the child is subject to the federal | 0010| Indian Child Welfare Act of 1978 and, if so: | 0011| (a) the tribal affiliations of the child's | 0012| parents; | 0013| (b) the specific actions taken by the | 0014| moving party to notify the parents' [tribe] tribes and the | 0015| results of the contacts, including the names, addresses, titles | 0016| and telephone numbers of the persons contacted. Copies of any | 0017| correspondence with the tribes shall be attached as exhibits to | 0018| the petition; and | 0019| (c) what specific efforts were made to | 0020| comply with the placement preferences set forth in the federal | 0021| Indian Child Welfare Act of 1978 or the placement preferences of | 0022| the appropriate Indian tribes. | 0023| C. A parent who has not previously been a party to the | 0024| proceeding shall be named in the motion and shall become a party | 0025| to the proceeding. | 0001| D. Notice of the filing of the motion, accompanied by | 0002| a copy of the motion, shall be served by the moving party on the | 0003| parents of the child, any parent who has not previously been made | 0004| a party to the proceeding, foster parents with whom the child is | 0005| residing, foster parents with whom the child has resided for six | 0006| months within the previous twelve months, the custodian of the | 0007| child, the department, any person appointed to represent any | 0008| party, including the child's guardian ad litem, and any other | 0009| person the court orders. Service shall be in accordance with the | 0010| Rules of Civil Procedure for the District Courts for the service | 0011| of process in a civil action in this state, except that foster | 0012| parents and attorneys of record in this proceeding may be served | 0013| by certified mail. The notice shall state specifically that the | 0014| person served [must] shall file a written response to the | 0015| motion within twenty days if the person intends to contest the | 0016| termination. In any case involving a child subject to the federal | 0017| Indian Child Welfare Act of 1978, notice shall also be served upon | 0018| the tribes of the child's parents and upon any "Indian custodian" | 0019| as that term is defined in 25 U.S.C. Section 1903(6). | 0020| E. If the identity or whereabouts of a person entitled | 0021| to service are unknown, the moving party shall file a motion for | 0022| an order granting service by publication supported by the | 0023| affidavit of the moving party or his agent or attorney detailing | 0024| the efforts made to locate the person entitled to service. Upon | 0025| being satisfied that reasonable efforts to locate the person | 0001| entitled to service have been made and that information as to the | 0002| identity or whereabouts of the person is still insufficient to | 0003| effect service in accordance with the Rules of Civil Procedure for | 0004| the District Courts, the court shall order service by publication | 0005| pursuant to the Rules of Civil Procedure for the District Courts. | 0006| F. After a motion for the termination of parental | 0007| rights is filed, the parent shall be advised of the right to | 0008| counsel, unless the parent is already represented by counsel. | 0009| Counsel shall be appointed, upon request, for any parent who is | 0010| unable to obtain counsel due to financial reasons or, if in the | 0011| court's discretion, the interests of justice require appointment | 0012| of counsel. | 0013| G. The court shall assure that a guardian ad litem | 0014| represents the child in all proceedings for the termination of | 0015| parental rights. | 0016| H. When a motion to terminate parental rights is | 0017| filed, the moving party shall request a hearing on the motion. | 0018| The hearing date shall be at least thirty days, but no more than | 0019| sixty days, after service is effected upon the parties entitled | 0020| to service under this section. | 0021| I. In any action for the termination of parental | 0022| rights brought by a party other than the department and involving | 0023| a child in the custody of the department, the department may: | 0024| (1) litigate a motion for the termination of | 0025| parental rights that was initially filed by another party; or | 0001| (2) move that the motion for the termination of | 0002| parental rights be found premature and denied. | 0003| J. The grounds for any attempted termination shall be | 0004| proved by clear and convincing evidence. In any proceeding | 0005| involving a child subject to the federal Indian Child Welfare Act | 0006| of 1978, the grounds for any attempted termination shall be proved | 0007| beyond a reasonable doubt and shall meet the requirements set | 0008| forth in 25 U.S.C. Section 1912(f). | 0009| K. When the court terminates parental rights, it shall | 0010| appoint a custodian for the child and fix responsibility for the | 0011| child's support. | 0012| L. In any termination proceeding involving a child | 0013| subject to the federal Indian Child Welfare Act of 1978, the court | 0014| shall in any termination order make specific findings that the | 0015| requirements of that act have been met. | 0016| M. A judgment of the court terminating parental rights | 0017| divests the parent of all legal rights and privileges and | 0018| dispenses with both the necessity for the consent to or receipt of | 0019| notice of any subsequent adoption proceeding concerning the child. | 0020| A judgment of the court terminating parental rights shall not | 0021| affect the child's rights of inheritance from and through the | 0022| child's biological parents." | 0023| Section 8. EFFECTIVE DATE.--The effective date of the | 0024| provisions of this act is July 1, 1997. | 0025|  | 0001| | 0002| FORTY-THIRD LEGISLATURE HJC/HB 717/a | 0003| FIRST SESSION, 1997 | 0004| | 0005| | 0006| March 8, 1997 | 0007| | 0008| Mr. President: | 0009| | 0010| Your JUDICIARY COMMITTEE, to whom has been referred | 0011| | 0012| | 0013| HOUSE JUDICIARY COMMITTEE SUBSTITUTE FOR | 0014| HOUSE BILL 717, as amended | 0015| | 0016| has had it under consideration and reports same with recommendation | 0017| that it DO PASS, amended as follows: | 0018| | 0019| 1. On page 1, line 11, after the semicolon insert "CLARIFYING | 0020| DUTIES TO REPORT ALLEGED ABUSE OR NEGLECT OF A CHILD;". | 0021| | 0022| 2. On page 1, line 12, after the semicolon insert "CLARIFYING | 0023| ADOPTION PROCEDURES; CLARIFYING THE DUTIES OF THE QUALITY ASSURANCE | 0024| OFFICE;". | 0025| | 0001| 3. On page 1, between lines 15 and 16, insert the following | 0002| new sections: | 0003| | 0004| "Section 1. Section 32A-4-2 NMSA 1978 (being Laws 1993, | 0005| Chapter 77, Section 96) is amended to read: | 0006| | 0007| "32A-4-2. DEFINITIONS.--As used in the Abuse and Neglect Act: | 0008| | 0009| A. "abandonment" includes, but is not limited to, | 0010| instances when the parent, without justifiable cause: | 0011| | 0012| (1) left the child without provision for the child's | 0013| identification for a period of fourteen days; or | 0014| | 0015| (2) left the child with others, including the other | 0016| parent or an agency, without provision for support and without | 0017| communication for a period of: | 0018| | 0019| (a) three months if the child was under six years | 0020| of age at the commencement of the three-month period; or | 0021| | 0022| (b) six months if the child was over six years of | 0023| age at the commencement of the six-month period; | 0024| | 0025| B. "abused child" means a child: | 0001| | 0002| (1) who is at risk of suffering serious harm; | 0003| | 0004| [(1)] (2) who has suffered physical abuse, | 0005| emotional abuse or psychological abuse inflicted by the child's | 0006| parent, guardian or custodian; | 0007| | 0008| [(2)] (3) who has suffered sexual abuse or sexual | 0009| exploitation inflicted by the child's parent, guardian or custodian; | 0010| | 0011| [(3)] (4) whose parent, guardian or custodian has | 0012| knowingly, intentionally or negligently placed the child in a | 0013| situation that may endanger the child's life or health; or | 0014| | 0015| [(4)] (5) whose parent, guardian or custodian has | 0016| knowingly or intentionally tortured, cruelly confined or cruelly | 0017| punished the child; | 0018| | 0019| C. "neglected child" means a child: | 0020| | 0021| (1) who has been abandoned by the child's parent, | 0022| guardian or custodian; | 0023| | 0024| (2) who is without proper parental care and control | 0025| or subsistence, education, medical or other care or control | 0001| necessary for the child's well-being because of the faults or habits | 0002| of the child's parent, guardian or custodian or the neglect or | 0003| refusal of the parent, guardian or custodian, when able to do so, to | 0004| provide them; | 0005| | 0006| (3) who has been physically or sexually abused, when | 0007| the child's parent, guardian or custodian knew or should have known | 0008| of the abuse and failed to take reasonable steps to protect the | 0009| child from further harm; | 0010| | 0011| (4) whose parent, guardian or custodian is unable to | 0012| discharge his responsibilities to and for the child because of | 0013| incarceration, hospitalization or other physical or mental disorder | 0014| or incapacity; or | 0015| | 0016| (5) who has been placed for care or adoption in | 0017| violation of the law; provided that nothing in the Children's Code | 0018| shall be construed to imply that a child who is being provided with | 0019| treatment by spiritual means alone through prayer, in accordance | 0020| with the tenets and practices of a recognized church or religious | 0021| denomination, by a duly accredited practitioner thereof is for that | 0022| reason alone a neglected child within the meaning of the Children's | 0023| Code; and further provided that no child shall be denied the | 0024| protection afforded to all children under the Children's Code; | 0025| | 0001| D. "physical abuse" includes, but is not limited to, any | 0002| case in which the child exhibits evidence of skin bruising, | 0003| bleeding, malnutrition, failure to thrive, burns, fracture of any | 0004| bone, subdural hematoma, soft tissue swelling or death and: | 0005| | 0006| (1) there is not a justifiable explanation for the | 0007| condition or death; | 0008| | 0009| (2) the explanation given for the condition is at | 0010| variance with the degree or nature of the condition; | 0011| | 0012| (3) the explanation given for the death is at | 0013| variance with the nature of the death; or | 0014| | 0015| (4) circumstances indicate that the condition or | 0016| death may not be the product of an accidental occurrence; | 0017| | 0018| E. "sexual abuse" includes, but is not limited to, | 0019| criminal sexual contact, incest or criminal sexual penetration, as | 0020| those acts are defined by state law; and | 0021| | 0022| F. "sexual exploitation" includes, but is not limited to: | 0023| | 0024| (1) allowing, permitting or encouraging a child to | 0025| engage in prostitution; | 0001| | 0002| (2) allowing, permitting, encouraging or engaging a | 0003| child in obscene or pornographic photographing; or | 0004| | 0005| (3) filming or depicting a child for obscene or | 0006| pornographic commercial purposes, as those acts are defined by state | 0007| law." | 0008| | 0009| Section 2. Section 32A-4-3 NMSA 1978 (being Laws 1993, Chapter | 0010| 77, Section 97) is amended to read: | 0011| | 0012| "32A-4-3. DUTY TO REPORT CHILD ABUSE AND CHILD NEGLECT-- | 0013| RESPONSIBILITY TO INVESTIGATE CHILD ABUSE OR NEGLECT--PENALTY.-- | 0014| | 0015| A. Every person, including but not limited to a licensed | 0016| physician, a resident or an intern examining, attending or treating | 0017| a child, a law enforcement officer, a judge presiding during any | 0018| proceeding, a registered nurse, a visiting nurse, a schoolteacher or | 0019| a school official or social worker acting in an official capacity | 0020| who knows or has a reasonable suspicion that a child is an abused or | 0021| a neglected child shall report the matter immediately to: | 0022| | 0023| (1) a local law enforcement agency; | 0024| | 0025| (2) the department office in the county where the | 0001| child resides; or | 0002| | 0003| (3) tribal law enforcement or social services | 0004| agencies for any Indian child residing in Indian country. | 0005| | 0006| B. Any law enforcement agency receiving the report shall | 0007| immediately transmit the facts of the report and the name, address | 0008| and phone number of the reporter by telephone to the department | 0009| office in the county where the child resides and shall transmit the | 0010| same information in writing within forty-eight hours. Any office of | 0011| the department receiving a report shall immediately transmit the | 0012| facts of the report and the name, address and phone number of the | 0013| reporter by telephone to a local law enforcement agency and shall | 0014| transmit the same information in writing within forty-eight hours. | 0015| The written report shall contain the names and addresses of the | 0016| child and the child's parents, guardian or custodian, the child's | 0017| age, the nature and extent of the child's injuries, including any | 0018| evidence of previous injuries, and other information that the maker | 0019| of the report believes might be helpful in establishing the cause of | 0020| the injuries and the identity of the person [or persons] | 0021| responsible for the injuries. The written report shall be submitted | 0022| upon a standardized form agreed to by the law enforcement agency and | 0023| the department. | 0024| | 0025| C. If an alleged perpetrator of abuse or neglect of a | 0001| child is not a parent, guardian or custodian of the child or a | 0002| member of the child's family, a local law enforcement agency is | 0003| primarily responsible for investigating the case of alleged abuse or | 0004| neglect. | 0005| | 0006| D. If an alleged perpetrator of abuse or neglect of a | 0007| child is a parent, guardian or custodian of the child or a member of | 0008| the child's family, the department is primarily responsible for | 0009| investigating the case of alleged abuse or neglect. | 0010| | 0011| [C.] E. The recipient of the report under Subsection A | 0012| of this section shall take immediate steps to ensure prompt | 0013| investigation of the report. The investigation shall ensure that | 0014| immediate steps are taken to protect the health or welfare of the | 0015| alleged abused or neglected child, as well as that of any other | 0016| child under the same care who may be in danger of abuse or neglect. | 0017| A local law enforcement agency is responsible for investigating | 0018| reports of alleged child abuse or neglect at schools, day care | 0019| facilities or child care facilities. | 0020| | 0021| [D. Upon a determination by the department that any child | 0022| may have suffered or is in imminent danger of suffering abuse or | 0023| neglect while in the care or control of or in a child care facility | 0024| or family day-care home, the department shall immediately notify the | 0025| parents of the child and the agency responsible for licensing the | 0001| child care facility or family day-care home. No determination shall | 0002| be made prior to consultation with the facility. | 0003| | 0004| E.] F. If the child alleged to be abused or neglected | 0005| is in the care or control of or in a facility administratively | 0006| connected to the department, the report shall be investigated | 0007| [through the office of the district attorney] by local law | 0008| enforcement. The investigation shall ensure that immediate steps | 0009| are taken to protect the health or welfare of the alleged abused | 0010| or neglected child, as well as that of any other child under the | 0011| same care who may be in danger of abuse or neglect. | 0012| | 0013| [F.] G. A law enforcement agency or the department | 0014| shall have access to any of the records pertaining to a child abuse | 0015| or neglect case maintained by any of the persons enumerated in | 0016| Subsection A of this section, except as otherwise provided in the | 0017| Abuse and Neglect Act. | 0018| | 0019| [G.] H. Any person who violates the provisions of | 0020| Subsection A of this section is guilty of a misdemeanor and shall be | 0021| sentenced pursuant to the provisions of Section 31-19-1 NMSA | 0022| 1978."". | 0023| | 0024| 4. Renumber the succeeding sections accordingly. | 0025| | 0001| 5. On page 4, between lines 23 and 24, insert the following | 0002| new section: | 0003| | 0004| "Section 3. Section 32A-4-21 NMSA 1978 (being Laws 1993, | 0005| Chapter 77, Section 115) is amended to read: | 0006| | 0007| "32A-4-21. NEGLECT OR ABUSE PREDISPOSITION STUDIES, REPORTS | 0008| AND EXAMINATIONS.-- | 0009| | 0010| A. Prior to holding a dispositional hearing, the court | 0011| shall direct that a predisposition study and report be [made] | 0012| submitted in writing to the court by the department. | 0013| | 0014| B. The predisposition study required pursuant to | 0015| Subsection A of this section shall contain the following | 0016| information: | 0017| | 0018| (1) a statement of the specific [harm to the child | 0019| that intervention is designed to alleviate] reasons for | 0020| intervention by the department or for placing the child in the | 0021| department's custody and a statement of the parent's ability to care | 0022| for the child in the parent's home without causing harm to the | 0023| child; | 0024| | 0025| [(2) if removal from or continued residence outside | 0001| the home is recommended, a statement of the likely harm the child | 0002| will suffer as a result of removal, including emotional harm | 0003| resulting from separation from the child's parents; and | 0004| | 0005| (3) a treatment plan consisting of: | 0006| | 0007| (a) a description of the specific progress needed | 0008| to be made by both the parent and the child in order to prevent | 0009| further harm to the child, the reasons why the program is likely to | 0010| be useful, the availability of any proposed services and the | 0011| department's overall plan for ensuring that the services will be | 0012| delivered; | 0013| | 0014| (b) if removal from the home or continued | 0015| residence outside the home is recommended, a description of any | 0016| previous efforts to work with the parent and the child in the home | 0017| and the in-home treatment programs that have been considered and | 0018| rejected; | 0019| | 0020| (c) a description of the steps that will be taken | 0021| to minimize any harm to the child that may result if separation from | 0022| the child's parent occurs or continues; | 0023| | 0024| (d) a description of the behavior that will be | 0025| expected before a determination is made that supervision of the | 0001| family or placement is no longer necessary; and | 0002| | 0003| (e) if removal from or continued residence | 0004| outside the home is recommended and the child is sixteen years of | 0005| age or older, a description of the specific skills the child | 0006| requires for successful transition into independent living as an | 0007| adult, what program, educational or otherwise, will provide the | 0008| skills, the reasons why the program is likely to be useful, the | 0009| availability of any proposed programs and the department's overall | 0010| plan for ensuring that the child will be adequately prepared for | 0011| adulthood] | 0012| | 0013| (2) a statement of how an intervention plan is | 0014| designed to achieve placement of the child in the least restrictive | 0015| setting available, consistent with the best interests and special | 0016| needs of the child, including a statement of the likely harm the | 0017| child may suffer as a result of being removed from the parent's | 0018| home, including emotional harm that may result due to separation | 0019| from the child's parents, and a statement of how the intervention | 0020| plan is designed to place the child in close proximity to the | 0021| parent's home without causing harm to the child due to separation | 0022| from his parents, siblings or any other person who may significantly | 0023| affect the child's best interest; | 0024| | 0025| (3) the wishes of the child as to his custodian; | 0001| | 0002| (4) whether the child has a family member who, | 0003| subsequent to study by the department, is determined to be qualified | 0004| to care for the child; | 0005| | 0006| (5) a description of services offered to the child, | 0007| his family and his foster care family and a summary of reasonable | 0008| efforts made to prevent removal of the child from his family or | 0009| reasonable efforts made to reunite the child with his family; | 0010| | 0011| (6) a description of the home or facility in which | 0012| the | 0013| child is placed and the appropriateness of the child's placement; | 0014| | 0015| (7) the results of any diagnostic examination or | 0016| evaluation ordered at the custody hearing; | 0017| | 0018| (8) a statement of the child's medical and | 0019| educational background; | 0020| | 0021| (9) if the child is an Indian child, whether the | 0022| placement preferences set forth in the federal Indian Child Welfare | 0023| Act of 1978 or the placement preferences of the child's Indian tribe | 0024| were followed and whether the child's treatment plan provides for | 0025| maintaining the child's cultural ties; | 0001| | 0002| (10) a treatment plan that sets forth steps to ensure | 0003| that the child's physical, medical, psychological and educational | 0004| needs are met and that sets forth services to be provided to the | 0005| child and his parents to facilitate permanent placement of the child | 0006| in the parent's home; and | 0007| | 0008| (11) for children sixteen years of age and older, a | 0009| plan for developing the specific skills the child requires for | 0010| successful transition into independent living as an adult, | 0011| regardless of whether the child is returned to his parent's home. | 0012| | 0013| C. A copy of the predisposition report shall be provided | 0014| by the department to counsel for all parties five days before the | 0015| dispositional hearing. | 0016| | 0017| D. If the child is an adjudicated abused child, any | 0018| temporary custody orders shall remain in effect until the court has | 0019| received and considered the predispositional study at the | 0020| dispositional hearing."". | 0021| | 0022| 6. Renumber the succeeding sections accordingly. | 0023| | 0024| 7. On pages 19 through 24, strike Section 7 in its entirety | 0025| and insert in lieu thereof the following new sections: | 0001| | 0002| "Section 7. Section 32A-4-29 NMSA 1978 (being Laws 1993, | 0003| Chapter 77, Section 123) is amended to read: | 0004| | 0005| "32A-4-29. TERMINATION PROCEDURE.-- | 0006| | 0007| A. A motion to terminate parental rights may be filed at | 0008| any stage of the abuse or neglect proceeding. The proceeding may be | 0009| initiated by any of the following: | 0010| | 0011| (1) the department; | 0012| | 0013| (2) a licensed child placement agency; or | 0014| | 0015| (3) any other person having a legitimate interest in | 0016| the matter, including the child's guardian ad litem, a petitioner | 0017| for adoption, a foster parent or a relative of the child. | 0018| | 0019| B. The motion for termination of parental rights shall be | 0020| signed, verified by the moving party and filed with the court. The | 0021| motion shall set forth: | 0022| | 0023| (1) the date, place of birth and marital status of | 0024| the child, if known; | 0025| | 0001| (2) the grounds for termination and the facts and | 0002| circumstances supporting the grounds for termination; | 0003| | 0004| (3) the names and addresses of the persons or | 0005| authorized agency or agency officer to whom custody might be | 0006| transferred; | 0007| | 0008| (4) whether the child resides or has resided with a | 0009| foster parent who desires to adopt this child; | 0010| | 0011| (5) whether the motion is in contemplation of | 0012| adoption; | 0013| | 0014| (6) the relationship or legitimate interest of the | 0015| moving party to the child; and | 0016| | 0017| (7) whether the child is subject to the federal | 0018| Indian Child Welfare Act of 1978 and, if so: | 0019| | 0020| (a) the tribal affiliations of the child's | 0021| parents; | 0022| | 0023| (b) the specific actions taken by the moving | 0024| party to notify the parents' [tribe] tribes and the results of | 0025| the contacts, including the names, addresses, titles and telephone | 0001| numbers of the persons contacted. Copies of any correspondence with | 0002| the tribes shall be attached as exhibits to the petition; and | 0003| | 0004| (c) what specific efforts were made to comply | 0005| with the placement preferences set forth in the federal Indian Child | 0006| Welfare Act of 1978 or the placement preferences of the appropriate | 0007| Indian tribes. | 0008| | 0009| C. A parent who has not previously been a party to the | 0010| proceeding shall be named in the motion and shall become a party to | 0011| the proceeding, unless the court determines that the parent has not | 0012| established a protected liberty interest in his relationship with | 0013| the child. | 0014| | 0015| D. Notice of the filing of the motion, accompanied by a | 0016| copy of the motion, shall be served by the moving party on [the | 0017| parents of the child, any parent who has not previously been made a | 0018| party to the proceeding] all other parties, foster parents with | 0019| whom the child is residing, foster parents with whom the child has | 0020| resided for six months within the previous twelve months, the | 0021| custodian of the child, [the department] any person appointed to | 0022| represent any party [including the child's guardian ad litem] and | 0023| any other person the court orders. Service shall be in accordance | 0024| with the Rules of Civil Procedure for the District Courts for the | 0025| service of [process] motions in a civil action in this state, | 0001| except that foster parents and attorneys of record in this | 0002| proceeding [may] shall be served by certified mail. The notice | 0003| shall state specifically that the person served [must] shall | 0004| file a written response to the motion within twenty days if the | 0005| person intends to contest the termination. In any case involving a | 0006| child subject to the federal Indian Child Welfare Act of 1978, | 0007| notice shall also be [served upon] sent by certified mail to the | 0008| tribes of the child's parents and upon any "Indian custodian" as | 0009| that term is defined in 25 U.S.C. Section 1903(6). Further notice | 0010| shall not be required on a parent who has been provided notice | 0011| previously pursuant to Section 32A-2-17 NMSA 1978 and who failed to | 0012| make an appearance. | 0013| | 0014| E. If the identity or whereabouts of a person entitled to | 0015| service are unknown, the moving party shall file a motion for an | 0016| order granting service by publication supported by the affidavit of | 0017| the moving party or his agent or attorney detailing the efforts made | 0018| to locate the person entitled to service. Upon being satisfied that | 0019| reasonable efforts to locate the person entitled to service have | 0020| been made and that information as to the identity or whereabouts of | 0021| the person is still insufficient to effect service in accordance | 0022| with the Rules of Civil Procedure for the District Courts, the court | 0023| shall order service by publication pursuant to the Rules of Civil | 0024| Procedure for the District Courts. | 0025| | 0001| F. After a motion for the termination of parental rights | 0002| is filed, the parent shall be advised of the right to counsel, | 0003| unless the parent is already represented by counsel. Counsel shall | 0004| be appointed, upon request, for any parent who is unable to obtain | 0005| counsel due to financial reasons or, if in the court's discretion, | 0006| the interests of justice require appointment of counsel. | 0007| | 0008| G. The court shall assure that a guardian ad litem | 0009| represents the child in all proceedings for the termination of | 0010| parental rights. | 0011| | 0012| H. When a motion to terminate parental rights is filed, | 0013| the moving party shall request a hearing on the motion. The hearing | 0014| date shall be at least thirty days, but no more than sixty days, | 0015| after service is effected upon the parties entitled to service under | 0016| this section. | 0017| | 0018| I. In any action for the termination of parental rights | 0019| brought by a party other than the department and involving a child | 0020| in the custody of the department, the department may: | 0021| | 0022| (1) litigate a motion for the termination of parental | 0023| rights that was initially filed by another party; or | 0024| | 0025| (2) move that the motion for the termination of | 0001| parental rights be found premature and denied. | 0002| | 0003| J. The grounds for any attempted termination shall be | 0004| proved by clear and convincing evidence. In any proceeding | 0005| involving a child subject to the federal Indian Child Welfare Act of | 0006| 1978, the grounds for any attempted termination shall be proved | 0007| beyond a reasonable doubt and shall meet the requirements set forth | 0008| in 25 U.S.C. Section 1912(f). | 0009| | 0010| K. When the court terminates parental rights, it shall | 0011| appoint a custodian for the child and fix responsibility for the | 0012| child's support. | 0013| | 0014| L. In any termination proceeding involving a child subject | 0015| to the federal Indian Child Welfare Act of 1978, the court shall in | 0016| any termination order make specific findings that the requirements | 0017| of that act have been met. | 0018| | 0019| M. A judgment of the court terminating parental rights | 0020| divests the parent of all legal rights and privileges and dispenses | 0021| with both the necessity for the consent to or receipt of notice of | 0022| any subsequent adoption proceeding concerning the child. A judgment | 0023| of the court terminating parental rights shall not affect the | 0024| child's rights of inheritance from and through the child's | 0025| biological parents." | 0001| | 0002| Section 8. Section 32A-5-16 NMSA 1978 (being Laws 1993, | 0003| Chapter 77, Section 143) is amended to read: | 0004| | 0005| "32A-5-16. TERMINATION PROCEDURES.-- | 0006| | 0007| A. A proceeding to terminate parental rights may be | 0008| initiated in connection with or prior to an adoption proceeding. | 0009| Venue shall be in the court for the county in which the child is | 0010| physically present or in the county from which the child was placed. | 0011| The proceeding may be initiated by any of the following: | 0012| | 0013| (1) the department; | 0014| | 0015| (2) an agency; or | 0016| | 0017| (3) any other person having a legitimate interest in | 0018| the matter, including a petitioner for adoption, the child's | 0019| guardian, the child's guardian ad litem in another action, an | 0020| agency, a foster parent, a relative of the child or the child. | 0021| | 0022| B. Any petition for termination of parental rights shall | 0023| be | 0024| signed and verified by the petitioner, be filed with the court and | 0025| set forth: | 0001| | 0002| (1) the date, place of birth and marital status of | 0003| the child, if known; | 0004| | 0005| (2) the grounds for termination and the facts and | 0006| circumstances supporting the grounds for termination; | 0007| | 0008| (3) the names and addresses of the person, authorized | 0009| agency or agency officer to whom custody might be transferred; | 0010| | 0011| (4) the basis for the court's jurisdiction; | 0012| | 0013| (5) that the petition is in contemplation of | 0014| adoption; | 0015| | 0016| (6) the relationship or legitimate interest of the | 0017| applicant to the child; and | 0018| | 0019| (7) whether the child is an Indian child and, if so: | 0020| | 0021| (a) the tribal affiliations of the child's | 0022| parents; | 0023| | 0024| (b) the specific actions taken by the moving | 0025| party to notify the parents' tribe and the results of the contacts, | 0001| including the names, addresses, titles and telephone numbers of the | 0002| persons contacted. Copies of any correspondence with the Indian | 0003| tribe shall be attached as exhibits to the petition; and | 0004| | 0005| (c) what specific efforts were made to comply | 0006| with the placement preferences set forth in the federal Indian Child | 0007| Welfare Act of 1978 or the placement preferences of the appropriate | 0008| Indian tribes. | 0009| | 0010| C. Notice of the filing of the petition, accompanied by a | 0011| copy of the petition, shall be served by the petitioner on the | 0012| parents of the child, the child's guardian, the legal custodian of | 0013| the child, the person with whom the child is residing, any person | 0014| with whom the child has resided within the past six months and the | 0015| department. Service shall be in accordance with the Rules of Civil | 0016| Procedure for the District Courts for the service of process in a | 0017| civil action in this state, with the exception that the department | 0018| may be served by certified mail. The notice shall state | 0019| specifically that the person served [must] shall file a written | 0020| response to the petition within twenty days if the person intends to | 0021| contest the termination. In any case involving an Indian child, | 0022| notice shall also be served on the child's Indian tribe pursuant to | 0023| the federal Indian Child Welfare Act of 1978. | 0024| | 0025| D. If the identification or whereabouts of a parent is | 0001| unknown, the petitioner shall file a motion for an order granting | 0002| service by publication or an order stating that service by | 0003| publication is not required. A motion for an order granting service | 0004| by publication shall be supported by the affidavit of the | 0005| petitioner, the agency or the petitioner's attorney detailing the | 0006| efforts made to locate the parent. Upon being satisfied that | 0007| reasonable efforts to locate the parent have been made and that | 0008| information as to the identity or whereabouts of the parent is still | 0009| insufficient to effect service in accordance with SCRA, Rule 1-004, | 0010| the court shall order service by publication or order that | 0011| publication is not required because the parent's consent is not | 0012| required pursuant to the provisions of Section 32A-5-19 NMSA 1978. | 0013| | 0014| E. The court shall, upon request, appoint counsel for any | 0015| parent who is unable to obtain counsel for financial reasons or if, | 0016| in the court's discretion, appointment of counsel is required in the | 0017| interest of justice. Payment for the appointed counsel shall be | 0018| made by the petitioner. | 0019| | 0020| F. The court shall appoint a guardian ad litem for the | 0021| child in all contested proceedings for termination of parental | 0022| rights. | 0023| | 0024| G. Within thirty days after the filing of a petition to | 0025| terminate parental rights, the petitioner shall request a hearing on | 0001| the petition. The hearing date shall be at least thirty days after | 0002| service is effected upon the parent of the child or completion of | 0003| publication. | 0004| | 0005| H. The grounds for any attempted termination shall be | 0006| proved by clear and convincing evidence. In any proceeding | 0007| involving an Indian child, the grounds for any attempted termination | 0008| shall be proved beyond a reasonable doubt and meet the requirements | 0009| set forth in the federal Indian Child Welfare Act of 1978. | 0010| | 0011| I. If the court terminates parental rights, it shall | 0012| appoint a custodian for the child. Upon entering an order | 0013| terminating the parental rights of a parent, the court may commit | 0014| the child to the custody of the department, the petitioner or an | 0015| agency willing to accept custody for the purpose of placing the | 0016| child for adoption. In any termination proceeding involving an | 0017| Indian child, the court shall, in any termination order, make | 0018| specific findings that the requirements of the federal Indian Child | 0019| Welfare Act of 1978 were met. | 0020| | 0021| J. A judgment of the court terminating parental rights | 0022| divests the parent of all legal rights. Termination of parental | 0023| rights shall not affect the child's right of inheritance through the | 0024| former parent." | 0025| | 0001| Section 9. Section 32A-5-19 NMSA 1978 (being Laws 1993, | 0002| Chapter 77, Section 146) is amended to read: | 0003| | 0004| "32A-5-19. PERSONS WHOSE CONSENTS OR RELINQUISHMENTS ARE NOT | 0005| REQUIRED.--The consent to adoption or relinquishment of parental | 0006| rights required pursuant to the provisions of the Adoption Act shall | 0007| not be required from: | 0008| | 0009| A. a parent whose rights with reference to the adoptee | 0010| have been terminated pursuant to law; | 0011| | 0012| B. a parent who has relinquished the child to an agency | 0013| for an adoption; | 0014| | 0015| C. a biological father of an adoptee conceived as a result | 0016| of rape or incest; | 0017| | 0018| D. any person who has failed to respond when given notice | 0019| pursuant to the provisions of Section [32-5-27] 32A-5-27 NMSA | 0020| 1978; [or] | 0021| | 0022| E. any putative father who has failed to register with the | 0023| putative father registry within [90] ninety days of the child's | 0024| birth; or | 0025| | 0001| F. any alleged father." | 0002| | 0003| Section 10. Section 32A-5-40 NMSA 1978 (being Laws 1993, | 0004| Chapter 77, Section 167, as amended) is amended to read: | 0005| | 0006| "32A-5-40. POST-DECREE OF ADOPTION ACCESS TO RECORDS.-- | 0007| | 0008| A. After the decree of adoption has been entered, all | 0009| court files containing records of judicial proceedings conducted | 0010| pursuant to the provisions of the Adoption Act and records submitted | 0011| to the court in the proceedings shall be kept in separate locked | 0012| files withheld from public inspection. Upon application to the | 0013| clerk of the court, the records shall be open to inspection by a | 0014| former parent if the adoptee is eighteen years of age or older, by | 0015| an adoptee if the adoptee is eighteen years of age or older at the | 0016| time application is made for inspection, by the adoptive parent if | 0017| the adoptee is under eighteen years of age at the time application | 0018| is made for inspection, by the attorney of any party, by any agency | 0019| that has exercised guardianship over or legal custody of a child who | 0020| was the adoptee in the particular proceeding, [or] by the | 0021| department or by an adoptee's sibling; provided that the identity | 0022| of the former parents and of the adoptee shall be kept confidential | 0023| unless the former parents and the adoptee have consented to the | 0024| release of identity. In the absence of consent to release identity, | 0025| the inspection shall be limited to the following nonidentifying | 0001| information: | 0002| | 0003| (1) the health and medical histories of the adoptee's | 0004| biological parents; | 0005| | 0006| (2) the health and medical history of the adoptee; | 0007| | 0008| (3) the adoptee's general family background, | 0009| including ancestral information, without name references or | 0010| geographical designations; | 0011| | 0012| (4) physical descriptions; and | 0013| | 0014| (5) the length of time the adoptee was in the care | 0015| and custody of persons other than the petitioner. | 0016| | 0017| B. After the entry of the decree of adoption, at any time, | 0018| a former parent may file with the court, with the placing agency or | 0019| with the department: | 0020| | 0021| (1) a consent or refusal or an amended consent or | 0022| refusal to be contacted; | 0023| | 0024| (2) a release of the former parent's identity to the | 0025| adoptee if the adoptee is eighteen years of age or older or to the | 0001| adoptive parent if the adoptee is under eighteen years of age; or | 0002| | 0003| (3) information regarding the former parent's | 0004| location or changes in background information. | 0005| | 0006| C. The consent or refusal referred to in Subsection B of | 0007| this section shall be honored by the court, the placing agency or | 0008| the department, unless for good cause the court orders to the | 0009| contrary. | 0010| | 0011| D. At any time, an adoptee who is eighteen years of age or | 0012| older may file with the court, a placing agency or the department: | 0013| | 0014| (1) information regarding the adoptee's location; or | 0015| | 0016| (2) a consent or refusal regarding opening of the | 0017| adoptee's adoption file to the adoptee's former parents. | 0018| | 0019| E. If mutual authorizations for release of identifying | 0020| information by the parties are not available, an adoptee who is | 0021| eighteen years of age or older, the biological parents if the | 0022| adoptee is eighteen years of age or older or the adoptive parents if | 0023| the adoptee is under the age of eighteen years may file a motion | 0024| with the court to obtain the release of identifying information for | 0025| good cause shown. When hearing the motion, the court shall give | 0001| primary consideration to the best interests of the adoptee, but | 0002| shall also give due consideration to the interests of the members of | 0003| the adoptee's former and adoptive families. In determining whether | 0004| good cause exists for the release of identifying information, the | 0005| court shall consider: | 0006| | 0007| (1) the reason the information is sought; | 0008| | 0009| (2) any procedure available for satisfying the | 0010| petitioner's request without disclosing the name or identity of | 0011| another individual, including appointment of a confidential | 0012| intermediary to contact the individual and request specific | 0013| information; | 0014| | 0015| (3) whether the individual about whom identifying | 0016| information is sought is alive; | 0017| | 0018| (4) the preference, to the extent known, of the | 0019| adoptee, the adoptive parents, the former parents and other members | 0020| of the adoptee's former and adoptive families and the likely effect | 0021| of disclosure on those individuals; | 0022| | 0023| (5) the age, maturity and expressed needs of the | 0024| adoptee; | 0025| | 0001| (6) the report or recommendation of any individual | 0002| appointed by the court to assess the request for identifying | 0003| information; and | 0004| | 0005| (7) any other factor relevant to an assessment of | 0006| whether the benefit to the adoptee of releasing the information | 0007| sought will be greater than the benefit to any other individual of | 0008| not releasing the information. | 0009| | 0010| F. An adoptee shall have the right, for the purpose of | 0011| enrolling in the adoptee's tribe of origin, to access information | 0012| kept by the department. Information needed by an adoptee to enroll | 0013| in his tribe of origin may be requested from the department by the | 0014| following persons: | 0015| | 0016| (1) the adoptee, after he reaches eighteen years of | 0017| age; | 0018| | 0019| (2) when the adoptee is a child, his adoptive parent | 0020| or guardian; or | 0021| | 0022| (3) an adoptee's descendant or, if the adoptee's | 0023| descendant is a child, an adult representative for the descendant. | 0024| | 0025| G. When the department receives a request for information | 0001| regarding an adoptee's tribe of origin, the department shall examine | 0002| its records to determine if the adoptee is of Indian descent. If | 0003| the department establishes that an adoptee is of Indian descent, the | 0004| department shall: | 0005| | 0006| (1) provide the requestor with the tribal affiliation | 0007| of the adoptee's biological parents; | 0008| | 0009| (2) submit to the tribe information necessary to | 0010| establish tribal enrollment for the adoptee and to protect any | 0011| rights flowing from the adoptee's tribal relationship; and | 0012| | 0013| (3) provide notice to the requestor of the | 0014| department's submission of information to the adoptee's tribe." | 0015| | 0016| Section 11. Section 32A-5-41 NMSA 1978 (being Laws 1993, | 0017| Chapter 77, Section 168, as amended) is amended to read: | 0018| | 0019| "32A-5-41. APPOINTMENT OF CONFIDENTIAL INTERMEDIARY.-- | 0020| | 0021| A. The court may appoint a confidential intermediary to | 0022| ascertain whether an individual is willing to be contacted, is | 0023| willing to release his name or identity or is willing to meet or | 0024| otherwise communicate about any condition that may affect the moving | 0025| party's physical or mental health, upon petition to the court by: | 0001| | 0002| (1) an adoptee who is eighteen years of age or older; | 0003| | 0004| (2) an adoptive parent of an adoptee who is less than | 0005| eighteen years of age; [or] | 0006| | 0007| (3) an adoptee's former parent, when the adoptee is | 0008| eighteen years of age or older; or | 0009| | 0010| (4) an adoptee's sibling. | 0011| | 0012| B. The confidential intermediary shall make a reasonable | 0013| effort to determine if the individual whose identity is sought by | 0014| the petitioner has filed a signed document authorizing or refusing | 0015| to authorize the release of the individual's name or identity. | 0016| | 0017| C. When the confidential intermediary finds a signed | 0018| authorization for a party to be contacted or for the release of | 0019| identifying information, the intermediary shall release that | 0020| information to the petitioner. Upon the petitioner's written | 0021| request, the intermediary may assist the petitioner in locating the | 0022| individual who authorized the release of identifying information, in | 0023| ascertaining whether the individual is willing to meet or | 0024| communicate with the petitioner and in facilitating a meeting or | 0025| other communication. | 0001| | 0002| D. When the confidential intermediary finds a signed | 0003| refusal to authorize the release of identifying information, the | 0004| intermediary shall report this to the petitioner and the court and | 0005| shall not attempt to locate or contact the individual who has | 0006| refused to authorize contact or the release of identifying | 0007| information. The petitioner may then withdraw the petition or | 0008| request the release of identifying information for good cause shown, | 0009| pursuant to the provisions of Section 32A-5-40 NMSA 1978. | 0010| | 0011| E. When the confidential intermediary does not find any | 0012| documents concerning the release of identifying information or if | 0013| the intermediary finds a document indicating that an individual | 0014| whose identity is sought by the petitioner is undecided about | 0015| whether to release identifying information, the intermediary shall | 0016| make a reasonable search for and discreetly contact the individual | 0017| to ascertain whether the individual is willing to release | 0018| information to the petitioner or willing to meet or communicate with | 0019| the petitioner, whom the intermediary may describe to the individual | 0020| only in general, nonidentifying terms. When the individual consents | 0021| in writing to the release of information, the intermediary shall | 0022| release the information to the petitioner, and upon the mutual | 0023| written request and consent of the petitioner and the individual, | 0024| the intermediary shall facilitate a meeting or other communication | 0025| between the petitioner and the individual. If the individual | 0001| refuses to authorize the release of information sought by the | 0002| petitioner, the intermediary shall report this to the petitioner and | 0003| the court and the petitioner may withdraw the motion or file a | 0004| motion with the court for an order to release identifying | 0005| information for good cause shown, pursuant to provisions of Section | 0006| 32A-5-40 NMSA 1978. | 0007| | 0008| F. When an individual sought by the confidential | 0009| intermediary is deceased, the intermediary shall report this to the | 0010| petitioner and the court and, upon the petitioner's request, the | 0011| court shall determine on the basis of the factors listed in Section | 0012| 32A-5-40 NMSA 1978 whether good cause exists to release identifying | 0013| information about the individual to the petitioner. | 0014| | 0015| G. When an individual sought by the confidential | 0016| intermediary cannot be located within a year, the intermediary shall | 0017| report this to the petitioner and the court. The court may | 0018| authorize an additional search for a specified period of time or | 0019| determine on the basis of the factors listed in Section 32A-5-40 | 0020| NMSA 1978 whether good cause exists to release identifying | 0021| information about the individual to the petitioner. | 0022| | 0023| H. A confidential intermediary may charge the petitioner | 0024| for actual expenses incurred in providing a service requested under | 0025| this section. Upon motion by the intermediary, the court may | 0001| authorize a reasonable fee in addition to the expenses. | 0002| | 0003| I. A confidential intermediary shall complete training | 0004| provided by the department or any other entity approved by the court | 0005| and shall file an oath of confidentiality in every court in which | 0006| the intermediary expects to serve. | 0007| | 0008| J. The confidential intermediary oath shall state: | 0009| "I,__________________________, signing under penalty of | 0010| perjury, affirm that I have completed the requisite training for a | 0011| confidential intermediary in this state. | 0012| | 0013| I will not disclose to the petitioner, directly or indirectly, | 0014| any identifying information in sealed records except under the | 0015| conditions specified in this section. | 0016| | 0017| I will conduct a reasonable search for an individual being | 0018| sought and make a discreet and confidential inquiry as to whether | 0019| the individual consents to the release of identifying or medical | 0020| information to the petitioner or to meeting or communicating with | 0021| the petitioner. I will report to the petitioner or the court the | 0022| results of my search and inquiry, along with any signed request or | 0023| consent I receive from the individual. | 0024| | 0025| If the individual and the petitioner request and consent in | 0001| writing to meet or communicate with each other, I will act in | 0002| accordance with the instructions of the petitioner or the court to | 0003| facilitate any meeting or communication between them. | 0004| | 0005| I will not charge or accept any fee for my services except for | 0006| reimbursement from the petitioner for actual expenses incurred in | 0007| performing my services or as authorized by the court. | 0008| | 0009| I recognize that unauthorized release of information is a | 0010| violation of the Adoption Act and subjects me to penalties pursuant | 0011| to the provisions of Section 32A-5-42 NMSA 1978 and may subject me | 0012| to being found in contempt of court with penalties, dismissal by the | 0013| court and civil liability."."". | 0014| | 0015| 8. Renumber the succeeding section accordingly. | 0016| | 0017| 9. On page 24, between lines 9 and 10, insert the following | 0018| new section: | 0019| | 0020| "Section 8. Section 32A-19-1 NMSA 1978 (being Laws 1993, | 0021| Chapter 77, Section 228) is amended to read: | 0022| | 0023| "32A-19-1. QUALITY ASSURANCE OFFICE.-- | 0024| | 0025| A. [By August 1, 1993] The department shall | 0001| [establish] maintain a quality assurance office under the office | 0002| of the secretary. | 0003| | 0004| B. The purpose of the quality assurance office shall be to | 0005| [assist] facilitate department efforts to efficiently | 0006| [achieve] implement the purposes of the Children's Code. | 0007| | 0008| C. In order to measure the quality of services provided, | 0009| to facilitate satisfactory outcomes for children and families that | 0010| receive services and to provide a continuing opportunity to [change | 0011| and] improve service delivery, the quality assurance office shall: | 0012| | 0013| (1) [establish an accessible] monitor the system | 0014| for receiving and resolving complaints and grievances; | 0015| | 0016| [(2) perform periodic investigations and evaluations | 0017| to assure compliance with the Children's Code and other applicable | 0018| state and federal laws and regulations; | 0019| | 0020| (3) monitor] (2) facilitate monitoring of | 0021| indicators of the department's performance [and] to determine | 0022| whether the department is: | 0023| | 0024| (a) providing children and families with | 0025| individualized, needs-based service plans; | 0001| | 0002| (b) providing services in a timely manner; and | 0003| | 0004| (c) in compliance with applicable state and | 0005| federal laws and regulations; | 0006| | 0007| [(4)] (3) identify any deficiencies and | 0008| recommend corrective action to the secretary of the department; | 0009| [and | 0010| | 0011| (5)] (4) have access to any records maintained by | 0012| the department, including confidential information; and | 0013| | 0014| (5) promote continuous improvement of all department | 0015| processes serving children and families. | 0016| | 0017| D. The quality assurance office shall [annually produce] | 0018| contribute to and facilitate the publication of public reports | 0019| assessing the performance of the department. The [report] | 0020| reports shall not disclose the identity of any individual | 0021| mentioned in the report, including children or families that receive | 0022| or are eligible for services or any department employee."". | 0023| | 0024| 10. Renumber the succeeding section accordingly. | 0025| | 0001| | 0002| Respectfully submitted, | 0003| | 0004| | 0005| | 0006| __________________________________ | 0007| Fernando R. Macias, Chairman | 0008| | 0009| | 0010| | 0011| Adopted_______________________ Not Adopted_______________________ | 0012| (Chief Clerk) (Chief Clerk) | 0013| | 0014| | 0015| Date ________________________ | 0016| | 0017| | 0018| The roll call vote was 5 For 2 Against | 0019| Yes: 5 | 0020| No: Tsosie, McSorley | 0021| Excused: Sanchez | 0022| Absent: None | 0023| | 0024| | 0025| H0717JU1 .118658.1 | 0001| |