N.M. R. Child. Ct. 10-104.1
In abuse and neglect proceedings, the department shall give notice of permanency hearings and periodic judicial review hearings to the child's foster parents, pre-adoptive parents and relative care givers. The notice given shall expressly inform foster parents, pre-adoptive parents and relative care givers of their right to be heard at the permanency hearing or judicial review. Notice shall be served in the manner provided by Rule 10-104 NMRA, and a certificate of service shall be filed with the court.
[Approved by Supreme Court Order No. 07-8300-012, effective June 6, 2007; Rule 10-105.3 NMRA recompiled and amended as Rule 10-104.1 NMRA by Supreme Court Order No. 08-8300-042, effective January 15, 2009.]
N.M. R. Child. Ct. 10-104.1
Committee commentary. - This rule was promulgated in response to 42 U.S.C. § 675(5)(G) and 42 U.S.C. §629h(b)(1) and is consistent with Sections 32A-4-20(C) and 32A-4-27(F) NMSA 1978.
ANNOTATIONS The 2008 amendment, approved by Supreme Court Order No. 08-8300-042, effective January 15, 2009, changed the reference from Rule 10-105 NMRA to Rule 10-104 NMRA. Recompilations. - Pursuant to Supreme Court Order No. 08-8300-042, Rule 10-105.3 NMRA was recompiled as Rule 10-104.1 NMRA, effective January 15, 2009. Withdrawals. - Former Rule 10-104.1 NMRA, relating to service of summons on child in delinquency proceeding; failure to appear, was withdrawn by Supreme Court Order No. 08-8300-042, effective January 15, 2009.
Cross references - For disposition of adjudicated abuse or neglected child, see Section 32A-4-25 NMSA 1978. For permanency hearings, see Section 32A-4-25.1 NMSA 1978. For notice of termination proceedings, see Section 32A-4-29 NMSA 1978. Lack of notice of issue of continuation of parental rights violates mother's due process rights. - Since the issue of termination of parental rights was not raised in the pleadings, nor properly tried and was mentioned for the first time after closing arguments, when counsel for the father made an oral motion that the parental rights of the mother be terminated, the procedural due process rights of the mother were violated as she was never given notice that the continuation of her parental rights was at issue, she did not have a full opportunity to prepare her case and, consequently, she was not given a full and fair hearing. In re Arnall, 1980-NMSC-052, 94 N.M. 306, 610 P.2d 193 Parent not denied due process. - The parent was not deprived of due process where the district court changed the permanency plan from permanent guardianship to termination of parental rights and adoption; the parent was present and represented by counsel at a pre-adjudicatory hearing meeting, at the adjudicatory hearing regarding revocation of guardianship, at the hearing regarding the change in the permanency plan, and at the hearing regarding termination of parental rights; the parent participated in the permanency plan hearing and the termination hearing, and custody, adjudicatory and dispositional hearings would not have resulted in an award of custody to the parent because of the parent's history of drug abuse, the lack of a parent-child relationship, the existence of restraining orders prohibiting the parent's contact with the child, and the parent's arrest and incarceration on child abuse and drug charges. State ex rel. Children, Youth and Families Dep't v. Browind C., 2007-NMCA-023, 141 N.M. 166, 152 P.3d 153.