New Mexico Statutes 40-18-4. Jurisdiction of the court; standards; procedures
A. The court has jurisdiction to make findings of fact and determinations of law in the best interests of the child for classification as a special immigrant juvenile pursuant to 8 U.S.C. § 1101(a)(27)(J) in all matters and proceedings that involve an abused child, a neglected child or an abandoned child, including but not limited to child custody, guardianship and abuse and neglect proceedings.
Terms Used In New Mexico Statutes 40-18-4
- Dependent: A person dependent for support upon another.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
B. A court acting pursuant to the Special Immigrant Juvenile Classification Act acts as a juvenile court as defined in 8 C.F.R. § 204.11(a).
C. Upon review of an application or petition for classification as a special immigrant juvenile pursuant to 8 U.S.C. § 1101(a)(27)(J), supporting affidavits and any other evidence, the court shall issue findings of fact and rulings of law to determine whether:
(1) the child is dependent on the court;
(2) the child is an abused child, neglected child or abandoned child or has suffered similar circumstances;
(3) the child may not be viably reunified with one or both of the child’s parents because the child is an abused child, neglected child or abandoned child or has suffered similar circumstances; and
(4) it is not in the child’s best interests to be returned to the child’s or parent’s country of nationality or country of last habitual residence.
D. A court shall hear and adjudicate an application or petition and issue findings of fact and rulings of law as soon as it is administratively feasible but before the child reaches the age of twenty-one.
E. Nothing in the Special Immigrant Juvenile Classification Act shall preclude the district court from issuing findings of fact and rulings of law similar to the provisions of Subsection C of this section in any other proceeding.