Rule 10-122 - InterventionA.Intervention of right. At any stage of an abuse or neglect proceeding, a parent who has not been named as a party or, if the abused or neglected child is an Indian child, the child's Indian tribe may intervene.B.Permissive intervention. Upon timely application the following persons may be permitted to intervene in a children's court proceeding under such terms and conditions as the judge may prescribe: (1) in delinquency proceedings, the parents, guardian or custodian of the respondent; (2) in neglect, abuse or families in need of court-ordered services proceedings, a guardian or custodian of the child alleged to have been abused or neglected or in need of court-ordered services;(3) in a delinquency, neglect, abuse or family in need of court ordered services proceeding any person with a statutory basis for intervention in the proceedings;(4) any person who has a constitutionally protected liberty interest in the proceedings if the disposition of the action may as a practical matter impair or impede the applicant's ability to protect that interest, unless the applicant's interest is adequately represented by existing parties; or(5) any other person permitted by law to intervene. In exercising its discretion pursuant to Subparagraph (2) of this paragraph, the court shall consider whether the intervention will unduly delay or prejudice the adjudication of the rights of the original parties.
C.Procedure. A person desiring to intervene pursuant to Paragraph A or B of this rule shall serve a motion to intervene upon the parties as provided in Rule 10-104 NMRA. The motion shall state the grounds therefor and shall be accompanied by a pleading setting forth the claim or defense for which intervention is sought. The same procedure shall be followed when a statute gives a right to intervene.N.M. R. Child. Ct. 10-122
As amended, effective 7/1/1995;2/15/1999; Rule 10-108 NMRA, recompiled and amended as Rule 10-222 NMRA by Supreme Court Order No. 08-8300-042, effective 1/15/2009. ANNOTATIONS The 2008 amendment, approved by Supreme Court Order No. 08-8300-042, effective January 15, 2009, deleted former Paragraphs A through D which designated the parties in delinquency, neglect and abuse, family in need of court ordered services, and termination of parental rights proceedings; in Paragraph A, changed "abused child" to "abused or neglected child"; added the letter designation and title for Paragraph B; added Subparagraph (5) of Paragraph B; and added Paragraph C. Recompilations. - Pursuant to Supreme Court Order No. 08-8300-042, portions of former Rule 10-108 NMRA have been recompiled as Rule 10-122 NMRA, effective January 15, 2009. Discretion of trial court in determining intervention. - The trial court has a good deal of discretion in determining whether to allow intervention, and the decision of the trial court will not be reversed absent a showing of abuse of that discretion. In re Melvin B., 1989-NMCA-078, 109 N.M. 18, 780 P.2d 1165.