|
N.M. Stat. § 32A-5-13
New Mexico Statutes
Chapter
32A. Children's Code
Article
5. Adoption Act
§ 32A-5-13. Independent
adoptions; request for placement; placement order; certification
A. When a placement order is required, the petitioner shall file a request
with the court to allow the placement. An order permitting the placement
shall be obtained prior to actual placement.
B.
Only a pre-placement study that has been prepared or updated within one
year immediately prior to the date of placement, approving the petitioner
as an appropriate adoptive parent, shall be filed with the court prior
to issuance of a placement order, except as provided in Subsection C of
Section 32A-5-12 NMSA 1978.
C.
In order for a person to be certified to conduct pre-placement studies,
the person shall meet the standards promulgated by the department. If
the child is an Indian child, the person shall meet the standards set
forth in the federal Indian Child Welfare Act of 1978 [FN1].
D.
The pre-placement study shall be conducted by an agency or a person certified
by the department to conduct the study. A person or agency that wants
to be certified to perform pre-placement studies shall file documents
verifying their qualifications with the department. The department shall
publish a list of persons or agencies certified to conduct a pre-placement
study. If necessary to defray additional costs associated with compiling
the list, the department may assess and charge a reasonable administrative
fee to the person or agency listed.
E.
When a person or agency that wants to be certified to perform pre-placement
studies files false documentation with the department, the person or agency
shall be subject to the provisions of Section 32A-5-42 NMSA 1978.
F.
A request for placement shall be filed and verified by the petitioner
and shall allege:
(1)
the full name, age and place and duration of residence of the petitioner
and, if married, the place and date of marriage;
(2)
the date and place of birth of the adoptee, if known, or the anticipated
date and place of birth of the adoptee;
(3)
a detailed statement of the circumstances and persons involved in the
proposed placement;
(4)
if the adoptee has been born, the address where the adoptee is residing
at the time of the request for placement;
(5)
if the adoptee has been born, the places where the adoptee has lived within
the past three years and the names and addresses of the persons with whom
the adoptee has lived. If the adoptee is in the custody of an agency or
the department, the address shall be the address of the agency or the
county office of the department from which the child was placed;
(6)
the existence of any court orders that are known to the petitioner and
that regulate custody, visitation or access to the adoptee, copies of
which shall be attached to the request for placement as exhibits; if copies
of any such court orders
are unavailable at the time of filing the request for placement, the copies
shall be filed prior to the issuance of the order of placement;
(7)
that the petitioner desires to establish a parent and child relationship
between the petitioner and the adoptee and that the petitioner is a fit
and proper person able to care and provide for the adoptee's welfare;
(8)
the relationship, if any, of the petitioner to the adoptee;
(9)
whether the adoptee is subject to the federal Indian Child Welfare Act
of 1978, and, if so, the petition shall allege the actions taken to comply
with the federal Indian Child Welfare Act of 1978 and all other allegations
required pursuant to that act;
(10)
whether the adoption is subject to the Interstate Compact on the Placement
of Children and what specific actions have been taken to comply with the
Interstate Compact on the Placement of Children; and
(11)
the name, address and telephone number of the agency or investigator who
has agreed to do the pre-placement study.
G.
The request for placement shall be served on all parties entitled to receive
notice of the filing of a petition for adoption, as provided in Section
32A-5-27 NMSA 1978. An order allowing placement may be entered prior to
service of the request for placement.
H.
A hearing and the court decision on the request for placement shall occur
within thirty days of the filing of the request.
I.
As part of any court order authorizing placement under this section, the
court shall find whether the pre-placement study complies with Section
32A-5-14 NMSA 1978 and that the time requirements concerning placement
set forth in this section have been met.
L.
1993, Ch. 77, § 140; L. 1995, Ch. 206, § 31, eff. July 1, 1995;
L. 2001, Ch. 162, § 2; L. 2005, Ch. 189, § 61, eff. June 17,
2005.
[FN1]
25 U.S.C.A. § 1901 et seq.
|