New Mexico § 32A-4-9 Indian child placement; preferences

New Mexico Statutes

§ 32A-4-9 — Indian child placement; preferences

New Mexico § 32A-4-9

Ch. 32AChildren's Code

Art. 4Child Abuse and Neglect

This text of New Mexico § 32A-4-9 (Indian child placement; preferences) 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-4-9 (2026).

Text

A. An Indian child accepted for foster care or pre-adoptive placement shall be placed in the least restrictive setting that most closely approximates a family in which his special needs, if any, may be met. The Indian child shall also be placed within reasonable proximity to the Indian child's home, taking into account any special needs of the Indian child. In any foster care or pre-adoptive placement, a preference shall be given, in the absence of good cause to the contrary, to a placement with:

(1)a member of the Indian child's extended family;

(2)a foster care home licensed, approved and specified by the Indian child's tribe;

(3)an Indian foster care home licensed or approved by an authorized non- Indian licensing authority; or (4) an institution for children approved by the Indian c

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A. An Indian child accepted for foster care or pre-adoptive placement shall be placed in the least restrictive setting that most closely approximates a family in which his special needs, if any, may be met. The Indian child shall also be placed within reasonable proximity to the Indian child's home, taking into account any special needs of the Indian child. In any foster care or pre-adoptive placement, a preference shall be given, in the absence of good cause to the contrary, to a placement with: (1) a member of the Indian child's extended family; (2) a foster care home licensed, approved and specified by the Indian child's tribe; (3) an Indian foster care home licensed or approved by an authorized non- Indian licensing authority; or (4) an institution for children approved by the Indian child's tribe or operated by an Indian organization that has a program suitable to meet the Indian child's needs. B. When the placement preferences set forth in Subsection A of this section are not followed or if the Indian child is placed in an institution, a plan shall be developed to ensure that the Indian child's cultural ties are protected and fostered.