Proposed ICWA Rule Changes to the New Mexico Children’s Court Rules and Forms


Comments accepted until October 3rd.

Many states are taking on the work of updating their court rules in light of the new Regulation. In states where there is an existing state ICWA law, it’s important to consider any rule changes in light of that law.

This entry was posted in Announcements, Author: Kate E. Fort, Child Welfare, ICWA and tagged , , . Bookmark the permalink.

One Response to Proposed ICWA Rule Changes to the New Mexico Children’s Court Rules and Forms

  1. Elizabeth Duran says:

    My name is Elizabeth Duran, MSW, MPH, Director of Social Services for the Pueblo of Pojoaque. In general I am in agreement with the proposed amendments to existing policy. I do have one recommendation: The the custodial agency (typically CYFD) upon taking custody of a child, will immediately make inquiry of the child, parent or guardian as to where or not the child is enrolled in a federally recognized tribe or maybe eligible for enrollment. If this inquiry results in affirmative response from child, parent, or legal guardian, that the custodial agency immediately send a notice to the Pueblo or Tribe which have been identified the child, parent or legal guardian, informing the tribe or Pueblo that the custodial agency have the child in their custody pending hearing on ____date.

    The tribe or Pueblo can be informed by e-mail, certified letter, or phone call. The date of the child’s first hearing should also be provided, with Judges name, and name of person assigned by custodial agency to handle the child’s case.

    It is also important for the custodial agency and district judge to be aware that Indian children may not be eligible for enrollment but have a cultural connection to the tribe. In such instances, it is important to ask the Pueblo or tribe contacted is the child have a cultural connection and if the tribe or Pueblo will intervene in the child’s case. Only tribes and Pueblos may determine who is a member of the tribe and under what conditions.

    Thank you for your endeavors for modifying current policy to enhance an effective response on children who fall under the ICWA guidelines.

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