§ 40-10B-6 — Service of petition; notice; parties

A. The court shall set a date for hearing on the petition, which date shall be no less than thirty and no more than ninety days from the date of filing the petition. B. The petition and a notice of the hearing shall be served upon: (1) the department if there is any pending matter relating to the child pursuant to the provisions of the Children's Code [Chapter 32A NMSA 1978]; (2) the child if the child has reached the age of fourteen; (3) the parents of the child; (4) a person having custody of the child or visitation rights pursuant to a court order; and (5) if the child is an Indian child or there is reason to know the child is an Indian child subject to the provisions of the Indian Family Protection Act [32A-28-1 to 32A-28-42 NMSA 1978], the appropriate Indian tribe and any "Indian custodian", together with a notice of pendency of the guardianship proceedings, pursuant to the provisions of the Indian Family Protection Act. C. Service of process required by Subsection A of this section shall be made in accordance with the requirements for giving notice of a hearing pursuant to Subsection A of Section 45-1-401 NMSA 1978. D. The persons required to be served pursuant to Subsection B of this section have a right to file a response as parties to this action. Other persons may intervene pursuant to Rule 1-024 NMRA.

Legislative History

Laws 2001, ch. 167, § 6; 2015, ch. 28, § 2; 2022, ch. 41, § 70; 2023, ch. 90, §