Current through Register Vol. 35, No. 11, June 11, 2024
Section 8.10.7.16 - RIGHTS OF PARENTS AND RESPONDENTSA. Parent's rights: Mothers, fathers who are married to the child's mother, and adoptive parents have a constitutionally protected liberty interest in rearing the child. Additionally, those unmarried biological fathers who participate in the child's life as a parent have a similar constitutionally protected liberty interest. At the inception of the case, PSD identifies those parents with protected rights.B. PSD shall inform parents of their rights at the commencement of the investigation.C. The court shall inform the respondent of their rights at the respondent's first appearance. Under Children's Court Rule 10-314, those rights include:(1) notice of the allegations of the petition;(2) the right to trial on the petition;(3) the right to be represented by an attorney; and(4) the possible consequences if the allegations of the petition are found to be true.D. Biological fathers who participate in the child's life have a constitutionally protected liberty interest and shall be accorded all of the notice and reasonable efforts protection under the Children's Code. Those biological fathers who do not participate in the child's life have no protected liberty interest and shall not be entitled to notice of the protections offered under the Children's Code.E. PSD shall attempt to obtain a sworn statement from the mother on the identity of the father, or shall place the mother on the stand and ask questions concerning the father's identity.F. PSD shall check the putative father registry if the mother does not identify any person as the father.8.10.7.16 NMAC - Rp, 8.10.7.15 NMAC, 3/31/10, Amended by New Mexico Register, Volume XXXII, Issue 10, May 25, 2021, eff. 5/25/2021