Form 10-517. Respondent's first appearance rights and ICWA advisement.

[For use with Children’s Court Rule 10-314 NMRA] STATE OF NEW MEXICO COUNTY OF _______________ ________________ JUDICIAL DISTRICT IN THE CHILDREN’S COURT In the Matter of _____________, a Child, And Concerning ______________________ and _________________________, Respondents. No. __________ RESPONDENT’S FIRST APPEARANCE RIGHTS ANDINDIAN CHILD WELFARE ACT ADVISEMENT (IF APPLICABLE) _______ 1. Do you understand that you have a right to have the court hearings interpreted into the language that you understand? What is your primary language? _________________ (insert primary language here). Do you wish to have an interpreter? YES or NO. (Choose one.)1 _______ 2. Now that I have read the allegations against you in the abuse or neglect petition (or termination of parental rights motion), do you understand the allegations?2 _______ 3. Do you understand that you have the right to [an adjudicatory hearing on the allegations in the petition] [the right to a trial on the allegations in the termination of parental rights motion]? _______ 4. Do you understand you have the right to an attorney, and that one will be appointed to represent you free of charge if you cannot afford an attorney?3 _______ 5. Do you understand the possible consequences if the allegations of the [petition] [termination of parental rights motion] are found to be true?4 IF THE CHILD IS AN INDIAN CHILD OR THERE IS REASON TO KNOW THAT THE CHILD IS AN INDIAN CHILD, THE COURT SHALL MAKE THE FOLLOWING INQUIRIES: _______ 1. Do you understand that either parent, the Indian Custodian, or the tribe may request that the case be transferred to tribal court? _______ 2. Do you understand that either parent may object to the transfer if transfer is requested? _______ 3. Do you understand that the Children, Youth and Families Department is required to place your child according to the placement preferences set forth in the Indian Child Welfare Act, unless the court finds good cause not to follow these placement preferences? _______ 4. Do you understand that the Children, Youth and Families Department is required to make active efforts to provide services and programs designed to prevent the breakup of your Indian family? _______ 5. Do you understand that if a motion to terminate parental rights is filed, the Children, Youth and Families Department is required to prove the allegations beyond a reasonable doubt. I hereby certify that I advised Respondent _____________________ (insert name here) of the foregoing rights and determined that Respondent understands these rights on this _____ day of _____ 20___. ____________________________________5 Children’s Court Judge