underscored material = new
[bracketed material] = delete
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
SENATE BILL 429
57
TH LEGISLATURE
-
STATE
OF
NEW
MEXICO
-
FIRST SESSION
,
2025
INTRODUCED BY
Linda M. López and Antoinette Sedillo Lopez
AN ACT
RELATING TO CHILD WELFARE; ENACTING THE REINSTATEMENT OF
PARENTAL RIGHTS ACT.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. A new section of the Children's Code is
enacted to read:
"[NEW MATERIAL] SHORT TITLE.--This act may be cited as the
"Reinstatement of Parental Rights Act"."
SECTION 2. A new section of the Children's Code is
enacted to read:
"[NEW MATERIAL] DEFINITION--FORMER PARENT.--As used in the
Reinstatement of Parental Rights Act, "former parent" means a
parent whose rights to the parent's child were legally
terminated or a parent who has relinquished the parent's
rights."
.230561.2 underscored material = new
[bracketed material] = delete
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
SECTION 3. A new section of the Children's Code is
enacted to read:
"[NEW MATERIAL] JURISDICTION AND VENUE.--
A. The court has exclusive original jurisdiction of
all proceedings pursuant to the Reinstatement of Parental
Rights Act.
B. A petition initiating proceedings pursuant to
the Reinstatement of Parental Rights Act shall be filed in the
court of the county:
(1) of the child's legal residence;
(2) where the child resides; or
(3) where the former parent seeking
reinstatement resides.
C. Any party may request a change of venue.
D. A change of venue shall be granted if all
parties are in agreement.
E. A change of venue may be granted:
(1) upon a showing that a different venue is
where most of the information upon which the court must base
its findings is located; or
(2) for good cause.
F. Any party may exercise the right of excusal
pursuant to Section 38-3-9 NMSA 1978."
SECTION 4. A new section of the Children's Code is
enacted to read:
.230561.2
- 2 - underscored material = new
[bracketed material] = delete
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
"[NEW MATERIAL] PETITION.--
A. A petition initiating proceedings pursuant to
the Reinstatement of Parental Rights Act may be filed by a
child, a former parent or the department.
B. A petition for reinstatement pursuant to the
Reinstatement of Parental Rights Act shall be entitled, "In the
Matter of the Reinstatement of Parental Rights of ______ and
concerning _______, a child", shall be filed as a new case with
the court and shall set forth with specificity:
(1) that reinstatement is in the best interest
of the child;
(2) that a material change in circumstance
exists in which the former parent or parents can now be
reasonably expected to provide for the safety and stability of
the child;
(3) that at least twelve months have elapsed
since the termination of parental rights order was entered and
any appeals have been exhausted. The twelve-month requirement
may be waived if:
(a) the child will turn eighteen years
of age in fewer than twelve months;
(b) the department files the petition
and alleges that good cause exists; or
(c) extraordinary circumstances exist;
(4) that the child is currently or was
.230561.2
- 3 - underscored material = new
[bracketed material] = delete
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
previously in the department's custody;
(5) the name and birth date of the child;
(6) the date the former parent's or parents'
rights were relinquished or terminated;
(7) that the child has not reached permanency
through adoption or permanent guardianship, the adoption or
permanent guardianship was granted but not sustained or the
adoptive parent or permanent guardian consents to the
proceeding;
(8) that the child is not in an adoptive or
other potentially permanent placement that will result in
sustained permanency for the child, and a potential permanent
placement is not likely to occur within six months from the
filing of the petition;
(9) whether the child is an Indian child; and
(10) the birth name of the child; any other
names by which the child has been known; and, if a name change
is requested, the child's proposed name, which could be the
child's former name.
C. The following documents shall be attached to the
petition:
(1) consent to the reinstatement by:
(a) the child who is the subject of the
reinstatement, if ten years of age or older, except when the
court finds that the child does not have the mental capacity to
.230561.2
- 4 - underscored material = new
[bracketed material] = delete
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
give consent; and
(b) the former parent whose rights are
proposed to be reinstated; or
(2) an order terminating a prior adoption or
guardianship or consent of the adoptive parent or guardian; and
(3) a plan for transitioning the child back
into the former parent's home within a reasonable period,
depending on the facts and circumstances of the case but not to
exceed ninety days, or a request for the department to provide
transition services and establish a plan to transition the
child into the former parent's home.
D. An amended petition may be filed by the former
parent's attorney, the child's attorney or the department."
SECTION 5. A new section of the Children's Code is
enacted to read:
"[NEW MATERIAL] LEGAL STATUS OF ADOPTION OR
GUARDIANSHIP.--
A. If a child is adopted or in a permanent
guardianship and the adoptive parents or guardians of the child
do not consent to the reinstatement of parental rights of the
former parent, then the case is not ripe for reinstatement.
B. Prior to the filing of a petition for
reinstatement, the adoptive parent's rights shall have been
relinquished or terminated, or the permanent guardianship shall
have been terminated pursuant to the provisions of the
.230561.2
- 5 - underscored material = new
[bracketed material] = delete
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Children's Code."
SECTION 6. A new section of the Children's Code is
enacted to read:
"[NEW MATERIAL] APPOINTMENT OF COUNSEL.--
A. Upon the filing of a petition for reinstatement,
an attorney shall be appointed by the court to represent a
former parent who is named in the petition and whose rights the
petition seeks to have reinstated if the former parent is
indigent or if the appointment of an attorney is required in
the interest of justice. If the former parent consents, the
attorney who previously served as the former parent's attorney
in an abuse and neglect case may be appointed.
B. Upon the filing of a petition for reinstatement,
an attorney shall be appointed by the court to represent the
child. If the child consents, the attorney who is currently
serving as the child's attorney in an abuse or neglect case or
who previously served as the child's attorney in an abuse or
neglect case may be appointed."
SECTION 7. A new section of the Children's Code is
enacted to read:
"[NEW MATERIAL] NOTICE OF PETITION--SUMMONS--FORM OF
SERVICE--WAIVER.--
A. A petition for reinstatement, notice of hearing
and summons shall be served by the petitioner on the department
unless service has been previously waived in writing. The
.230561.2
- 6 - underscored material = new
[bracketed material] = delete
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
clerk of the court shall mail to the director of the protective
services division of the department a copy of the petition for
reinstatement, notice of hearing and summons within one working
day of the notice of hearing being filed with the court. Upon
written request to the court, the department may seek
alternative methods of service pursuant to the Rules of Civil
Procedure for the District Courts.
B. The following shall be served by certified mail,
return receipt requested or pursuant to the Rules of Civil
Procedure for the District Courts:
(1) any person whose consent is required;
(2) any person known to the petitioner having
custody or visitation with the child under court order; and
(3) the Indian tribe or tribes and the Indian
custodian, if the child is an Indian child, pursuant to the
provisions of the Indian Family Protection Act.
C. The summons shall state that the person served
shall respond to the petition within twenty days if the person
or agency intends to contest the reinstatement. The notice
shall also state that failure to so respond shall be treated as
a default.
D. The service required by this section may be
waived in writing by the persons entitled to service. The
department cannot waive service.
E. Proof of service of a petition, summons and
.230561.2
- 7 - underscored material = new
[bracketed material] = delete
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
notice of hearing on all persons for whom service is required
by this section shall be filed with the court.
F. The persons required to be served pursuant to
Subsection B of this section have a right to intervene and file
a response.
G. Service as set forth in this section is not
required for a former parent who is not a party to the petition
for reinstatement."
SECTION 8. A new section of the Children's Code is
enacted to read:
"[NEW MATERIAL] INITIAL HEARING.--
A. The court shall hold an initial hearing within
twenty days of the filing of a petition for reinstatement of
parental rights.
B. The court shall issue a notice of a hearing
within one day of the filing of a petition for reinstatement of
parental rights.
C. The rules of evidence shall not apply.
D. If, upon completion of an initial hearing, the
court finds that there is probable cause to believe that the
requirements of the petition have been met and that the best
interests of the child may be served by reinstatement of
parental rights, the court shall set a hearing on the merits of
the petition to be held within sixty days.
E. If, upon completion of an initial hearing, the
.230561.2
- 8 - underscored material = new
[bracketed material] = delete
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
court does not find probable cause, the petition may be denied
or the court may allow an amendment to the petition, in which
case an initial hearing shall be held within ten days of filing
the amended petition."
SECTION 9. A new section of the Children's Code is
enacted to read:
"[NEW MATERIAL] MERITS HEARING.--
A. Upon a finding of probable cause, the court
shall conduct a hearing on the merits of the petition for the
reinstatement of parental rights.
B. A merits hearing shall be held no later than
sixty days from the initial hearing. Upon a finding of
extraordinary circumstances, the hearing may be continued for
no more than an additional forty-five days.
C. Prior to a merits hearing, all parties shall
attend a mandatory meeting to develop a proposed plan to
transition the child into the former parent's home and identify
any necessary transition services. Upon the request of any
party, the court shall order mediation in lieu of or in
addition to the mandatory meeting.
D. The grounds for reinstatement of parental rights
shall be proved by a preponderance of evidence, and the rules
of evidence shall apply.
E. The court shall grant a petition for
reinstatement if the court finds the following:
.230561.2
- 9 - underscored material = new
[bracketed material] = delete
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
(1) reinstatement is in the best interest of
the child;
(2) a material change in circumstance exists
in which the former parent or parents can provide for the
safety and stability of the child;
(3) the date the former parent's rights were
terminated was established, what that date was, and that at
least twelve months have elapsed since the termination of
parental rights order was entered and any appeals have been
exhausted. The twelve-month requirement may be waived if:
(a) the child will turn eighteen years
of age in fewer than twelve months;
(b) the department files the petition
and alleges good cause exists; or
(c) extraordinary circumstances exist;
(4) the child is currently or was previously
in the department's custody;
(5) the child has not reached permanency
through adoption or permanent guardianship, the adoption or
permanent guardianship was granted but not sustained or the
adoptive parent or permanent guardian consents to the
proceeding;
(6) the child is not in an adoptive or other
potentially permanent placement that will result in permanency
for the child, and a potential permanent placement is not
.230561.2
- 10 - underscored material = new
[bracketed material] = delete
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
likely to occur within six months from the filing of the
petition;
(7) the Indian tribe or the Indian custodian
received notice of the proceedings if the child is an Indian
child;
(8) all required consents have been attained;
and
(9) a plan to transition is not necessary to
transition the child into the former parent's home.
F. At the conclusion of the hearing, the court
shall order one of the following:
(1) if all requirements in Subsection E of
this section have been met, the petition is granted and the
former parent is granted legal and physical custody of the
child;
(2) if all the requirements in Subsection E of
this section except for the requirement in Paragraph (9) of
that subsection have been met, the court shall order a plan to
transition the child into the former parent's home and any
necessary transition services; or
(3) the petition is denied.
G. When the court orders a plan to transition a
child back into the child's former parent's home, the plan
shall include a transition into the former parent's home within
ninety days and any requested transition services and shall
.230561.2
- 11 - underscored material = new
[bracketed material] = delete
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
designate the former parent's rights and responsibilities
during the transition period. Legal custody of the child
remains with the legal custodian during the transition period.
H. At the end of a plan to transition the child
back into the child's former parent's home, the court shall
proceed as follows:
(1) the court shall enter an order granting
the petition if all parties are in agreement; or
(2) the court shall hold a hearing to
determine whether the petition should be granted or denied, or
if additional time to transition is necessary, the court may
extend the plan to transition the child back into the former
parent's home for up to an additional ninety days."
SECTION 10. A new section of the Children's Code is
enacted to read:
"[NEW MATERIAL] FINAL ORDER OF REINSTATEMENT.--
A. When the court grants a petition for
reinstatement of parental rights, the court shall enter a final
order of reinstatement of parental rights that shall restore
all rights, powers, privileges, immunities, duties and
obligations of the parent as to the child, including those
relating to custody, control and support of the child. The
order of reinstatement shall include the new or restored name
of the child, if requested and consented to by the child who is
the subject of the reinstatement and who has achieved
.230561.2
- 12 - underscored material = new
[bracketed material] = delete
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
sufficient age and maturity.
B. The granting of a petition for reinstatement of
parental rights does not vacate or otherwise affect the
validity of the original termination order as to any non-
petitioning parties. A judgment of the court reinstating the
parental rights to a parent divests the consenting adoptive
parent, the permanent guardian or the department of legal and
physical custody or guardianship of the child.
C. The court shall order the dismissal of any
pending matter relating to the child originating out of the
case against the petitioning parent pursuant to the provisions
of the Abuse and Neglect Act and direct the clerk's office to
provide a certified copy of the final order of reinstatement of
parental rights to the parent at no cost.
D. If the rights of both former parents are
reinstated and the parents do not reside together, then the
court may enter a temporary custody and time-sharing order.
The parties whose rights have been reinstated shall petition
the domestic relations court for a final custody plan."
SECTION 11. A new section of the Children's Code is
enacted to read:
"[NEW MATERIAL] DEPARTMENT'S DUTIES AND AUTHORITY NOT
ABROGATED.--
A. Nothing in the Reinstatement of Parental Rights
Act shall supersede the department's obligation and ability to
.230561.2
- 13 - underscored material = new
[bracketed material] = delete
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
investigate allegations of abuse or neglect on a child who is
the subject of a petition for reinstatement of parental rights.
B. If a child is removed from the child's former
parent's home prior to reinstatement, the department shall file
notice with the court."
SECTION 12. A new section of the Children's Code is
enacted to read:
"[NEW MATERIAL] CHILD SUPPORT AND COSTS.--Any parent whose
parental rights are reinstated is not liable for any unpaid
child support or the unpaid costs of any services provided to
the child from the date of the original order terminating the
parental rights to the date of the order reinstating the
parental rights."
SECTION 13. A new section of the Children's Code is
enacted to read:
"[NEW MATERIAL] BIRTH CERTIFICATES.--
A. A parent whose parental rights have been
reinstated may prepare an application for a birth certificate
in the new or restored name of the parent's child, showing the
parent as the child's parent. The parent shall forward the
application to the registrar of vital statistics in the state
where the child was born.
B. The state registrar of the vital records and
health statistics bureau of the department of health shall
prepare a birth record in the new or restored name of the child
.230561.2
- 14 - underscored material = new
[bracketed material] = delete
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
and the name of the reinstated parent in accordance with the
Vital Statistics Act."
SECTION 14. A new section of the Children's Code is
enacted to read:
"[NEW MATERIAL] APPEAL.--Indigent former parents and
children are entitled to court-appointed counsel upon appeal."
- 15 -
.230561.2