N.M. R. Child. Ct. 10-515

As amended through November 1, 2024

Rule 10-515 - Notice of pendency of action by publication

[For use with Rule 10-103 NMRA]

STATE OF NEW MEXICO

COUNTY OF _______________

________ JUDICIAL DISTRICT

IN THE CHILDREN'S COURT

STATE OF NEW MEXICO ex rel.

CHILDREN, YOUTH AND FAMILIES DEPARTMENT

No. __________

In the Matter of

__________________________ , (a) Child(ren), and Concerning

__________________________ , Respondent(s).¹

NOTICE OF PENDENCY OF ACTION BY PUBLICATION²

TO: ___________________________ , Respondent(s).

If you need help reading this document, you can call __________________ , and the court will appoint an interpreter for you at no charge.

Si usted necesita ayuda para leer este documento, puede llamar _______________ , y el tribunal le nombrerá un intérprete sin costo.

YOU ARE HEREBY NOTIFIED that an abuse/neglect petition has been filed against you in the above-named court and county by the State of New Mexico. In the petition, the New Mexico Children, Youth and Families Department alleges that you have neglected and/or abused _________ (initials of child(ren)), [a] child(ren), and seeks legal custody of the child(ren).

YOU ARE FURTHER NOTIFIED that this matter will be heard in the children's court division of the district court in _____________ County, New Mexico, no sooner than twenty (20) days after the last publication date of this notice.

The name, address, and telephone number of the attorney for the petitioner is: _______________________________________

THIS PROCEEDING MAY RESULT IN TERMINATION OF YOUR PARENTAL RIGHTS.

Date: ________________________

USE NOTES

1. Use the full name of the party who is being served by publication. For any other party listed in the caption, use only the initials of the party's first and last name.

2. This form is to be used for service by publication. See Rule 10-103(F), (H), (I) NMRA; see also Form 10-516 NMRA. The frequency and duration of publication of the notice of pendency of action is once a week for three (3) consecutive weeks as required by Rule 10-103(I) NMRA unless otherwise ordered by the court. The matter cannot be heard any sooner than twenty (20) days after the last publication because the respondent has twenty (20) days to respond under Rule 10-322 NMRA.

If service cannot be accomplished by traditional means, the court is authorized under Rule 10-103(H) NMRA to order service of process by other alternative methods or combinations of methods "reasonably calculated under all of the circumstances to apprise the respondent of the existence and pendency of the action and afford a reasonable opportunity to appear and defend."

N.M. R. Child. Ct. 10-515

As amended, effective 9/1/1995; 10-402 recompiled and amended as 10-515 by Supreme Court Order No. 14-8300-009, effective for all cases filed or pending on or after12/31/2014; as amended by Supreme Court Order No. 18-8300-011, effective for all cases pending or filed on or after12/31/2018.

ANNOTATIONS The 2018 amendment, approved by Supreme Court Order No. 18-8300-011, effective December 31, 2018, provided additional guidelines related to the caption of the case; in the caption, after "Respondent(s).", added Use Note reference "1", after the title of the form, added Use Note reference "2" and rewrote the English and Spanish instructions related to receiving assistance to read the form; and added Use Note 1 and redesignated the former Use Note as Use Note 2. The 2014 amendment, approved by Supreme Court Order No. 14-8300-009, effective December 31, 2014, changed the form to a notice by publication; added statements that notify the respondent in English and Spanish that the court will appoint an interpreter if the respondent needs help reading the notice and that a hearing will be held no sooner than twenty days after the last publication of the notice; eliminated the requirement that the notice be witnessed by the clerk of the district court; in the title of the rule and form, after "action", added "by publication"; deleted the former caption of the case and added the current caption; in the first paragraph, after "TO", deleted "THE ABOVE NAMED RESPONDENT(S)" and added "Respondent(s)"; added the second and third paragraphs; in the fourth paragraph, first sentence, after "NOTIFIED that an", deleted "action" and added "abuse/neglect petition", after "against you in the", deleted "said court and county in which the State of New Mexico has filed a petition alleging that you have (neglected)(abused) ______ (child's initials), a child ______ (set forth relief sought in the petition" and added "above-named court and county by the State of New Mexico", deleted the former second sentence which provided that the proceeding could result in termination of respondent's parental rights; deleted the former third sentence which notified respondent that the matter would be heard thirty days after the last publication of the notice, and added the current second sentence; added the fifth and sixth paragraphs; added the bold statement that the proceeding may result in termination of parental rights; deleted the former certification by the clerk of the district court; deleted the former statement of the name, address and telephone number of the State's attorney; and in the Use Note, in the first paragraph, deleted the former second sentence which referred to Rules 10-103, 10-104 and 10-401 NMRA, added the current second, third and fourth sentences; and added the second paragraph. Recompilations. - Pursuant to Supreme Court Order No. 14-8300-009, former Form 10-402 NMRA was recompiled and amended as Form 10-515 NMRA, effective December 31, 2014.