NM
New Mexico Senate Bill SB429

New Mexico 2025 Regular Session

New Mexico Senate Bill SB429 Compare Versions

Only one version of the bill is available at this time.
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2828 SENATE BILL 429
2929 57
3030 TH LEGISLATURE
3131 -
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3333 STATE
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4242 FIRST SESSION
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4545 2025
4646 INTRODUCED BY
4747 Linda M. López and Antoinette Sedillo Lopez
4848 AN ACT
4949 RELATING TO CHILD WELFARE; ENACTING THE REINSTATEMENT OF
5050 PARENTAL RIGHTS ACT.
5151 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
5252 SECTION 1. A new section of the Children's Code is
5353 enacted to read:
5454 "[NEW MATERIAL] SHORT TITLE.--This act may be cited as the
5555 "Reinstatement of Parental Rights Act"."
5656 SECTION 2. A new section of the Children's Code is
5757 enacted to read:
5858 "[NEW MATERIAL] DEFINITION--FORMER PARENT.--As used in the
5959 Reinstatement of Parental Rights Act, "former parent" means a
6060 parent whose rights to the parent's child were legally
6161 terminated or a parent who has relinquished the parent's
6262 rights."
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9090 SECTION 3. A new section of the Children's Code is
9191 enacted to read:
9292 "[NEW MATERIAL] JURISDICTION AND VENUE.--
9393 A. The court has exclusive original jurisdiction of
9494 all proceedings pursuant to the Reinstatement of Parental
9595 Rights Act.
9696 B. A petition initiating proceedings pursuant to
9797 the Reinstatement of Parental Rights Act shall be filed in the
9898 court of the county:
9999 (1) of the child's legal residence;
100100 (2) where the child resides; or
101101 (3) where the former parent seeking
102102 reinstatement resides.
103103 C. Any party may request a change of venue.
104104 D. A change of venue shall be granted if all
105105 parties are in agreement.
106106 E. A change of venue may be granted:
107107 (1) upon a showing that a different venue is
108108 where most of the information upon which the court must base
109109 its findings is located; or
110110 (2) for good cause.
111111 F. Any party may exercise the right of excusal
112112 pursuant to Section 38-3-9 NMSA 1978."
113113 SECTION 4. A new section of the Children's Code is
114114 enacted to read:
115115 .230561.2
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143143 "[NEW MATERIAL] PETITION.--
144144 A. A petition initiating proceedings pursuant to
145145 the Reinstatement of Parental Rights Act may be filed by a
146146 child, a former parent or the department.
147147 B. A petition for reinstatement pursuant to the
148148 Reinstatement of Parental Rights Act shall be entitled, "In the
149149 Matter of the Reinstatement of Parental Rights of ______ and
150150 concerning _______, a child", shall be filed as a new case with
151151 the court and shall set forth with specificity:
152152 (1) that reinstatement is in the best interest
153153 of the child;
154154 (2) that a material change in circumstance
155155 exists in which the former parent or parents can now be
156156 reasonably expected to provide for the safety and stability of
157157 the child;
158158 (3) that at least twelve months have elapsed
159159 since the termination of parental rights order was entered and
160160 any appeals have been exhausted. The twelve-month requirement
161161 may be waived if:
162162 (a) the child will turn eighteen years
163163 of age in fewer than twelve months;
164164 (b) the department files the petition
165165 and alleges that good cause exists; or
166166 (c) extraordinary circumstances exist;
167167 (4) that the child is currently or was
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196196 previously in the department's custody;
197197 (5) the name and birth date of the child;
198198 (6) the date the former parent's or parents'
199199 rights were relinquished or terminated;
200200 (7) that the child has not reached permanency
201201 through adoption or permanent guardianship, the adoption or
202202 permanent guardianship was granted but not sustained or the
203203 adoptive parent or permanent guardian consents to the
204204 proceeding;
205205 (8) that the child is not in an adoptive or
206206 other potentially permanent placement that will result in
207207 sustained permanency for the child, and a potential permanent
208208 placement is not likely to occur within six months from the
209209 filing of the petition;
210210 (9) whether the child is an Indian child; and
211211 (10) the birth name of the child; any other
212212 names by which the child has been known; and, if a name change
213213 is requested, the child's proposed name, which could be the
214214 child's former name.
215215 C. The following documents shall be attached to the
216216 petition:
217217 (1) consent to the reinstatement by:
218218 (a) the child who is the subject of the
219219 reinstatement, if ten years of age or older, except when the
220220 court finds that the child does not have the mental capacity to
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249249 give consent; and
250250 (b) the former parent whose rights are
251251 proposed to be reinstated; or
252252 (2) an order terminating a prior adoption or
253253 guardianship or consent of the adoptive parent or guardian; and
254254 (3) a plan for transitioning the child back
255255 into the former parent's home within a reasonable period,
256256 depending on the facts and circumstances of the case but not to
257257 exceed ninety days, or a request for the department to provide
258258 transition services and establish a plan to transition the
259259 child into the former parent's home.
260260 D. An amended petition may be filed by the former
261261 parent's attorney, the child's attorney or the department."
262262 SECTION 5. A new section of the Children's Code is
263263 enacted to read:
264264 "[NEW MATERIAL] LEGAL STATUS OF ADOPTION OR
265265 GUARDIANSHIP.--
266266 A. If a child is adopted or in a permanent
267267 guardianship and the adoptive parents or guardians of the child
268268 do not consent to the reinstatement of parental rights of the
269269 former parent, then the case is not ripe for reinstatement.
270270 B. Prior to the filing of a petition for
271271 reinstatement, the adoptive parent's rights shall have been
272272 relinquished or terminated, or the permanent guardianship shall
273273 have been terminated pursuant to the provisions of the
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302302 Children's Code."
303303 SECTION 6. A new section of the Children's Code is
304304 enacted to read:
305305 "[NEW MATERIAL] APPOINTMENT OF COUNSEL.--
306306 A. Upon the filing of a petition for reinstatement,
307307 an attorney shall be appointed by the court to represent a
308308 former parent who is named in the petition and whose rights the
309309 petition seeks to have reinstated if the former parent is
310310 indigent or if the appointment of an attorney is required in
311311 the interest of justice. If the former parent consents, the
312312 attorney who previously served as the former parent's attorney
313313 in an abuse and neglect case may be appointed.
314314 B. Upon the filing of a petition for reinstatement,
315315 an attorney shall be appointed by the court to represent the
316316 child. If the child consents, the attorney who is currently
317317 serving as the child's attorney in an abuse or neglect case or
318318 who previously served as the child's attorney in an abuse or
319319 neglect case may be appointed."
320320 SECTION 7. A new section of the Children's Code is
321321 enacted to read:
322322 "[NEW MATERIAL] NOTICE OF PETITION--SUMMONS--FORM OF
323323 SERVICE--WAIVER.--
324324 A. A petition for reinstatement, notice of hearing
325325 and summons shall be served by the petitioner on the department
326326 unless service has been previously waived in writing. The
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355355 clerk of the court shall mail to the director of the protective
356356 services division of the department a copy of the petition for
357357 reinstatement, notice of hearing and summons within one working
358358 day of the notice of hearing being filed with the court. Upon
359359 written request to the court, the department may seek
360360 alternative methods of service pursuant to the Rules of Civil
361361 Procedure for the District Courts.
362362 B. The following shall be served by certified mail,
363363 return receipt requested or pursuant to the Rules of Civil
364364 Procedure for the District Courts:
365365 (1) any person whose consent is required;
366366 (2) any person known to the petitioner having
367367 custody or visitation with the child under court order; and
368368 (3) the Indian tribe or tribes and the Indian
369369 custodian, if the child is an Indian child, pursuant to the
370370 provisions of the Indian Family Protection Act.
371371 C. The summons shall state that the person served
372372 shall respond to the petition within twenty days if the person
373373 or agency intends to contest the reinstatement. The notice
374374 shall also state that failure to so respond shall be treated as
375375 a default.
376376 D. The service required by this section may be
377377 waived in writing by the persons entitled to service. The
378378 department cannot waive service.
379379 E. Proof of service of a petition, summons and
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408408 notice of hearing on all persons for whom service is required
409409 by this section shall be filed with the court.
410410 F. The persons required to be served pursuant to
411411 Subsection B of this section have a right to intervene and file
412412 a response.
413413 G. Service as set forth in this section is not
414414 required for a former parent who is not a party to the petition
415415 for reinstatement."
416416 SECTION 8. A new section of the Children's Code is
417417 enacted to read:
418418 "[NEW MATERIAL] INITIAL HEARING.--
419419 A. The court shall hold an initial hearing within
420420 twenty days of the filing of a petition for reinstatement of
421421 parental rights.
422422 B. The court shall issue a notice of a hearing
423423 within one day of the filing of a petition for reinstatement of
424424 parental rights.
425425 C. The rules of evidence shall not apply.
426426 D. If, upon completion of an initial hearing, the
427427 court finds that there is probable cause to believe that the
428428 requirements of the petition have been met and that the best
429429 interests of the child may be served by reinstatement of
430430 parental rights, the court shall set a hearing on the merits of
431431 the petition to be held within sixty days.
432432 E. If, upon completion of an initial hearing, the
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461461 court does not find probable cause, the petition may be denied
462462 or the court may allow an amendment to the petition, in which
463463 case an initial hearing shall be held within ten days of filing
464464 the amended petition."
465465 SECTION 9. A new section of the Children's Code is
466466 enacted to read:
467467 "[NEW MATERIAL] MERITS HEARING.--
468468 A. Upon a finding of probable cause, the court
469469 shall conduct a hearing on the merits of the petition for the
470470 reinstatement of parental rights.
471471 B. A merits hearing shall be held no later than
472472 sixty days from the initial hearing. Upon a finding of
473473 extraordinary circumstances, the hearing may be continued for
474474 no more than an additional forty-five days.
475475 C. Prior to a merits hearing, all parties shall
476476 attend a mandatory meeting to develop a proposed plan to
477477 transition the child into the former parent's home and identify
478478 any necessary transition services. Upon the request of any
479479 party, the court shall order mediation in lieu of or in
480480 addition to the mandatory meeting.
481481 D. The grounds for reinstatement of parental rights
482482 shall be proved by a preponderance of evidence, and the rules
483483 of evidence shall apply.
484484 E. The court shall grant a petition for
485485 reinstatement if the court finds the following:
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514514 (1) reinstatement is in the best interest of
515515 the child;
516516 (2) a material change in circumstance exists
517517 in which the former parent or parents can provide for the
518518 safety and stability of the child;
519519 (3) the date the former parent's rights were
520520 terminated was established, what that date was, and that at
521521 least twelve months have elapsed since the termination of
522522 parental rights order was entered and any appeals have been
523523 exhausted. The twelve-month requirement may be waived if:
524524 (a) the child will turn eighteen years
525525 of age in fewer than twelve months;
526526 (b) the department files the petition
527527 and alleges good cause exists; or
528528 (c) extraordinary circumstances exist;
529529 (4) the child is currently or was previously
530530 in the department's custody;
531531 (5) the child has not reached permanency
532532 through adoption or permanent guardianship, the adoption or
533533 permanent guardianship was granted but not sustained or the
534534 adoptive parent or permanent guardian consents to the
535535 proceeding;
536536 (6) the child is not in an adoptive or other
537537 potentially permanent placement that will result in permanency
538538 for the child, and a potential permanent placement is not
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567567 likely to occur within six months from the filing of the
568568 petition;
569569 (7) the Indian tribe or the Indian custodian
570570 received notice of the proceedings if the child is an Indian
571571 child;
572572 (8) all required consents have been attained;
573573 and
574574 (9) a plan to transition is not necessary to
575575 transition the child into the former parent's home.
576576 F. At the conclusion of the hearing, the court
577577 shall order one of the following:
578578 (1) if all requirements in Subsection E of
579579 this section have been met, the petition is granted and the
580580 former parent is granted legal and physical custody of the
581581 child;
582582 (2) if all the requirements in Subsection E of
583583 this section except for the requirement in Paragraph (9) of
584584 that subsection have been met, the court shall order a plan to
585585 transition the child into the former parent's home and any
586586 necessary transition services; or
587587 (3) the petition is denied.
588588 G. When the court orders a plan to transition a
589589 child back into the child's former parent's home, the plan
590590 shall include a transition into the former parent's home within
591591 ninety days and any requested transition services and shall
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620620 designate the former parent's rights and responsibilities
621621 during the transition period. Legal custody of the child
622622 remains with the legal custodian during the transition period.
623623 H. At the end of a plan to transition the child
624624 back into the child's former parent's home, the court shall
625625 proceed as follows:
626626 (1) the court shall enter an order granting
627627 the petition if all parties are in agreement; or
628628 (2) the court shall hold a hearing to
629629 determine whether the petition should be granted or denied, or
630630 if additional time to transition is necessary, the court may
631631 extend the plan to transition the child back into the former
632632 parent's home for up to an additional ninety days."
633633 SECTION 10. A new section of the Children's Code is
634634 enacted to read:
635635 "[NEW MATERIAL] FINAL ORDER OF REINSTATEMENT.--
636636 A. When the court grants a petition for
637637 reinstatement of parental rights, the court shall enter a final
638638 order of reinstatement of parental rights that shall restore
639639 all rights, powers, privileges, immunities, duties and
640640 obligations of the parent as to the child, including those
641641 relating to custody, control and support of the child. The
642642 order of reinstatement shall include the new or restored name
643643 of the child, if requested and consented to by the child who is
644644 the subject of the reinstatement and who has achieved
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673673 sufficient age and maturity.
674674 B. The granting of a petition for reinstatement of
675675 parental rights does not vacate or otherwise affect the
676676 validity of the original termination order as to any non-
677677 petitioning parties. A judgment of the court reinstating the
678678 parental rights to a parent divests the consenting adoptive
679679 parent, the permanent guardian or the department of legal and
680680 physical custody or guardianship of the child.
681681 C. The court shall order the dismissal of any
682682 pending matter relating to the child originating out of the
683683 case against the petitioning parent pursuant to the provisions
684684 of the Abuse and Neglect Act and direct the clerk's office to
685685 provide a certified copy of the final order of reinstatement of
686686 parental rights to the parent at no cost.
687687 D. If the rights of both former parents are
688688 reinstated and the parents do not reside together, then the
689689 court may enter a temporary custody and time-sharing order.
690690 The parties whose rights have been reinstated shall petition
691691 the domestic relations court for a final custody plan."
692692 SECTION 11. A new section of the Children's Code is
693693 enacted to read:
694694 "[NEW MATERIAL] DEPARTMENT'S DUTIES AND AUTHORITY NOT
695695 ABROGATED.--
696696 A. Nothing in the Reinstatement of Parental Rights
697697 Act shall supersede the department's obligation and ability to
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726726 investigate allegations of abuse or neglect on a child who is
727727 the subject of a petition for reinstatement of parental rights.
728728 B. If a child is removed from the child's former
729729 parent's home prior to reinstatement, the department shall file
730730 notice with the court."
731731 SECTION 12. A new section of the Children's Code is
732732 enacted to read:
733733 "[NEW MATERIAL] CHILD SUPPORT AND COSTS.--Any parent whose
734734 parental rights are reinstated is not liable for any unpaid
735735 child support or the unpaid costs of any services provided to
736736 the child from the date of the original order terminating the
737737 parental rights to the date of the order reinstating the
738738 parental rights."
739739 SECTION 13. A new section of the Children's Code is
740740 enacted to read:
741741 "[NEW MATERIAL] BIRTH CERTIFICATES.--
742742 A. A parent whose parental rights have been
743743 reinstated may prepare an application for a birth certificate
744744 in the new or restored name of the parent's child, showing the
745745 parent as the child's parent. The parent shall forward the
746746 application to the registrar of vital statistics in the state
747747 where the child was born.
748748 B. The state registrar of the vital records and
749749 health statistics bureau of the department of health shall
750750 prepare a birth record in the new or restored name of the child
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779779 and the name of the reinstated parent in accordance with the
780780 Vital Statistics Act."
781781 SECTION 14. A new section of the Children's Code is
782782 enacted to read:
783783 "[NEW MATERIAL] APPEAL.--Indigent former parents and
784784 children are entitled to court-appointed counsel upon appeal."
785785 - 15 -
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