A. When a child’s placement is changed, including a return to the child’s home, written notice of the placement change shall be given to the parties and to the child’s tribe if the child is an Indian child ten days prior to the placement change, unless an emergency situation requires moving the child prior to sending notice.

Terms Used In New Mexico Statutes 32A-3B-9

  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.

B. When a child’s guardian ad litem or attorney requests a court hearing to contest the proposed placement change, the department shall not change the child’s placement pending the result of the court hearing, unless an emergency requires changing the child’s placement prior to the hearing.

C. When a child’s placement is changed and notice pursuant to the provisions of Subsection A of this section is not provided, written notice shall be sent to the parties and to the child’s tribe if the child is an Indian child within three days after the placement change.

D. Notice pursuant to the provisions of this section is not required for removal of the child from temporary emergency care, emergency foster care or respite care.