Section 40-15-3 – Family preservation goals; statement of policy.
It is the policy of the state that its laws and programs shall: A. support intact, functional families and promote each family’s ability and responsibility to raise its children; B. strengthen families in crisis and at risk of losing their children, so that children can remain safely in their own homes when their homes are […]
Section 40-15-4 – Parental and state responsibilities.
A. Parents have joint primary responsibility for the well-being of their family. Parents have the primary responsibility to: (1) ensure that their children have adequate food, shelter, health care and a healthy environment; (2) support their children in all ways possible to grow up to be responsible, caring members of society; (3) ensure that their […]
Section 40-16-1 – Termination of parental rights; conception resulting from criminal sexual penetration.
A. At any time, a biological parent may petition the court for termination of the parental rights of a child’s other biological parent, where that other biological parent has been convicted of criminal sexual penetration and where the criminal sexual penetration resulted in the conception and birth of the child. The court shall grant the […]
Section 40-17-1 – Short title.
Sections 1 through 13 [40-17-1 to 40-17-13 NMSA 1978] of this act may be cited as the “Extreme Risk Firearm Protection Order Act”. History: Laws 2020, ch. 5, § 1. ANNOTATIONS Effective dates. — Laws 2020, ch. 5 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May […]
Section 40-17-2 – Definitions.
As used in the Extreme Risk Firearm Protection Order Act: A. “court” means the district court in the county in which the respondent resides; B. “extreme risk firearm protection order” means either a temporary extreme risk firearm protection order or a one-year extreme risk firearm protection order granted pursuant to the Extreme Risk Firearm Protection […]
Section 40-17-3 – Forbearance of costs associated with extreme risk firearm protection orders.
A reporting party who requests that a petitioner seek an extreme risk firearm protection order shall not be required to bear the cost of: A. the filing, issuance or service of a petition for an extreme risk firearm protection order; B. the filing, issuance or service of a warrant; C. the filing, issuance or service […]
Section 40-17-4 – Extreme risk firearm protection orders; venue.
Proceedings pursuant to the Extreme Risk Firearm Protection Order Act shall be filed, heard and determined in the district court for the county in which the respondent resides. History: Laws 2020, ch. 5, § 4. ANNOTATIONS Effective dates. — Laws 2020, ch. 5 contained no effective date provision, but, pursuant to N.M. Const., art. IV, […]
Section 40-14-15 – Recognition of foreign decrees.
Every judgment establishing the relationship of parent and child by adult adoption issued pursuant to due process of law by the tribunals of any other jurisdiction within or without the United States shall be recognized in this state, so that the rights and obligations of the parties as to matters within the jurisdiction of this […]
Section 40-15-1 – Short title.
Sections 1 through 4 of this act [40-15-1 to 40-15-4 NMSA 1978] may be cited as the “Family Preservation Act”. History: Laws 2005, ch. 68, § 1. ANNOTATIONS Effective dates. — Laws 2005, ch. 68 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 17, 2005, 90 […]
Section 40-14-5 – Who may be adopted; who may adopt.
A. Any adult may be adopted. B. Residents who are one of the following may adopt: (1) any adult who has been approved by the court as a suitable adoptive parent pursuant to the provisions of the Adult Adoption Act; or (2) a married adult, without the spouse of the married adult joining in the […]