N.M. Stat. § 40-18-4

Current through 2024, ch. 69

Section 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. Section 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.

B. A court acting pursuant to the Special Immigrant Juvenile Classification Act acts as a juvenile court as defined in 8 C.F.R. Section 204.11(a).

C. Upon review of an application or petition for classification as a special immigrant juvenile pursuant to 8 U.S.C. Section 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.

NMS § 40-18-4

Added by 2023, c. 134,s. 4, eff. 4/5/2023, app. retroactively to any child deemed by a state court order to be an abused child, neglected child or abandoned child from the time the child received the order; provided that the petition is subject to denial or revocation by a federal immigration agency based on the child's dependency status or age when the special findings were issued.