Rule 10-121 NMRA
Rule 10-121. Parties.
A. Delinquency proceedings. In proceedings on petitions alleging delinquency, the
parties to the action are the child alleged to be delinquent, the state, and any person
made a party by the court.
B. Neglect or abuse and family in need of court-ordered services proceedings;
parties. In proceedings on petitions alleging neglect or abuse or a family in need of
court-ordered services, the parties to the action are
(1)
the department;
(2)
a parent, guardian, or custodian who has allegedly neglected or abused a
child or is in need of court-ordered services;
(3)
the child alleged to be neglected or abused or in need of court-ordered
services; and
(4)
any other person made a party by the court.
C. Neglect or abuse and family in need of court-ordered services proceedings;
permissive joinder. In proceedings on petitions alleging neglect or abuse or a family in
need of court-ordered services, the department may join as parties the non-custodial
parent or parents, the guardian or custodian of the child, or any other person permitted
by law to intervene in the proceedings.
D. Termination of parental rights; necessary parties. If a motion to terminate
parental rights is filed in an abuse or neglect proceeding and a parent who has a
constitutionally protected liberty interest in the child has not been joined as a party in the
abuse or neglect proceeding, the department shall name the parent as a party in the
motion to terminate parental rights, and the parent shall be served with a summons and
a copy of the motion in the manner provided by Rule 10-103 NMRA.
E. Fostering Connections Act; necessary parties. In proceedings under the
Fostering Connections Act, the parties to the action are the eligible adult and the
department.