Current through Register Vol. 35, No. 11, June 11, 2024
Section 8.10.3.16 - SEEKING OR ACCEPTING CUSTODY OF CHILDREN, INCLUDING INDIAN CHILDRENA. PSD shall make reasonable efforts to maintain the family unit and prevent the removal of a child from their home, as long as the child's safety is assured.B. If temporary out-of-home placement is necessary to ensure the immediate safety of the child, PSD shall make reasonable efforts to effect the safe reunification of the child and family.C. PSD shall seek custody of Indian children who are domiciled or residing off-reservation when continued custody of the child by the parent, guardian or custodian or Indian custodian is likely to result in serious emotional or physical harm to the child.D. An Indian child who is domiciled on the reservation but temporarily located off the reservation may be removed by law enforcement from his parent, guardian or custodian in order to prevent imminent physical harm to the child. PSD shall notify the tribe as soon as possible and facilitates a transfer of the case to the tribe.E. PSD shall notify the parent, guardian or custodian that their child is in custody within 24 hours of the child being taken into custody.F. PSD shall make reasonable efforts to identify, locate and notify appropriate relatives or fictive kin for consideration of placement of a child in custody who requires out of home placement.G. When a law enforcement agency seeks to place a child in the custody of PSD, then the PSD worker shall obtain a statement of reasonable grounds for temporary protective services division custody from the law enforcement officer making the request.H. When SCI receives a report that an infant has been left under the provisions of the Safe Haven for Infants Act, the children, youth and families department through its protective services division shall be deemed to have emergency custody of that infant. A law enforcement investigation and 48 hour hold is not required.8.10.3.16 NMAC - Rp, 8.10.3.16 NMAC, 03/31/10; A, 04/29/11; A, 02/29/12, Adopted by New Mexico Register, Volume XXVI, Issue 18, September 29, 2015, eff. 9/29/2015, Amended by New Mexico Register, Volume XXXII, Issue 10, May 25, 2021, eff. 5/25/2021