New Mexico § 32A-28-36 Best interests of Indian child

New Mexico Statutes

§ 32A-28-36 — Best interests of Indian child

New Mexico § 32A-28-36

Ch. 32AChildren's Code

Art. 28Indian Family Protection

This text of New Mexico § 32A-28-36 (Best interests of Indian child) is published on Counsel Stack Legal Research, covering New Mexico primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.M. Stat. Ann. § 32A-28-36 (2026).

Text

When making a determination regarding the best interests of an Indian child pursuant to the Indian Family Protection Act, a court shall, after allowing testimony from all parties and the Indian child's tribe, consider the following relevant factors: A. the prioritization of placement of the Indian child in accordance with the placement preferences provided by the Indian Family Protection Act; B. the prevention of unnecessary out-of-home placement of the Indian child; C. the critical importance to the Indian child of establishing, developing or maintaining a political, cultural, social and spiritual relationship with the Indian child's tribe and tribal community and with familial ties such as clanship and family with unique cultural characteristics; D. the importance to the Indian child of 

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When making a determination regarding the best interests of an Indian child pursuant to the Indian Family Protection Act, a court shall, after allowing testimony from all parties and the Indian child's tribe, consider the following relevant factors: A. the prioritization of placement of the Indian child in accordance with the placement preferences provided by the Indian Family Protection Act; B. the prevention of unnecessary out-of-home placement of the Indian child; C. the critical importance to the Indian child of establishing, developing or maintaining a political, cultural, social and spiritual relationship with the Indian child's tribe and tribal community and with familial ties such as clanship and family with unique cultural characteristics; D. the importance to the Indian child of the ability of the Indian child's tribe to maintain its existence and integrity in promotion of the stability and security of Indian children and families; and E. the protection, safety and well-being of the Indian child.