Form 10-521. ICWA notice.

[For use with Rules 10-312 and 10-315 NMRA] STATE OF NEW MEXICO COUNTY OF _______________ __________________ JUDICIAL DISTRICT IN THE CHILDREN’S COURT STATE OF NEW MEXICO ex rel. CHILDREN, YOUTH AND FAMILIES DEPARTMENT No. __________ In the Matter of _______________________________, (a) Child(ren), and Concerning _______________________________, Respondent(s). ICWA NOTICE AS TO _____________________ (CHILD(REN))1 COMES NOW the New Mexico Children, Youth and Families Department (CYFD) by ____________, Children’s Court Attorney, and gives the following notice under 25 U.S.C. § 1912(a) and 25 C.F.R. §§ 23.11 and 23.111: 1. An Abuse/Neglect Petition was filed in ______________County, New Mexico, _______ Judicial District Court on ________________, in the above-captioned and numbered cause. 2. _______________ (name of child(ren)), is/are unmarried, under eighteen (18) years of age, and may be [ ] member(s) of the ________________ tribe(s); or [ ] eligible for membership in the ______________ tribe(s) and the biological child(ren) of member(s) of the ________________ tribe(s). 3. The child(ren) is/are, or there is reason to know2 that the child(ren) is/are, [an] Indian child(ren) based on the following information: _____________________________________________________________________ _____________________________________________________________________. 4. This proceeding may result in the termination of the parental and/or custodial rights of the child(ren)’s parents and/or Indian custodian(s). 5. The following information about _______________ (name of child(ren)) is known (repeat or modify as necessary if more than one child): a. Full name of child _______________________________________; i. Birth date ________________________________________; ii. Birthplace ________________________________________; b. Full name of child’s biological mother (including maiden, married, and former names or aliases) _________________________________; i. Birth date ________________________________________; ii. Place of birth and death (if applicable)__________________________; iii. Tribal enrollment number ____________________________; iv. Other identifying information __________________________; v. All known current and former addresses _________________; c. Full name of child’s biological father (including married and former names or aliases) ______________________________; i. Birth date ________________________________________; ii. Place of birth and death (if applicable) __________________________; iii. Tribal enrollment number ____________________________; iv. Other identifying information __________________________; v. All known current and former addresses _________________; d. (Provide the information above, if known, for the child’s other direct lineal ancestors, such as grandparents). 6. The child(ren) is/are currently in the custody of CYFD, and contact with CYFD may be made by contacting either undersigned counsel or _______________, the child(ren)’s case worker, at ___________________________________ (address) or at the following telephone number: ________________. 7. The child(ren) is/are currently placed in _______________________ (type of placement, e.g., non-relative foster care). 8. The Indian child(ren)’s parent(s), Indian custodian(s), and tribe(s) have the right to intervene in this case. 9. If the Indian child(ren)’s parent(s) or Indian custodian(s) is/are unable to afford counsel, counsel will be appointed upon a finding of indigency. 10. The address and telephone number of the _______________ Judicial District Court for ___________________ County, New Mexico is: _______________________________. The cause is assigned to the Honorable ______________________. 11. The Indian child(ren)’s parent(s), Indian custodian(s), and tribe(s) shall have the right to petition the court for transfer of the proceeding to the Tribal court as provided by 25 U.S.C. § 1911 and 25 C.F.R. § 23.115. 12. You must keep confidential the information contained in this notice, and this notice should not be handled by anyone not needing the information to exercise rights under ICWA. 13. Except for emergency proceedings, no hearing on the petition in the involuntary child custody proceeding shall be held sooner than ten (10) days from the date of receipt of this notice by the Indian child(ren)’s parent(s), Indian custodian(s), and tribe(s). The Indian child(ren)’s parent(s), Indian custodian(s), and tribe(s) have the right to be granted, upon request, up to twenty (20) additional days to prepare for the child custody proceedings.3 14. The Indian child(ren)’s parent(s), Indian custodian(s), and tribe(s) shall have the right to request up to twenty (20) additional days to prepare for a hearing on the petition. 15. Request is hereby made of the _______________ tribe(s) to respond to the undersigned or to the Court if and when ICWA may be applicable to this action, and the undersigned will distribute to the parties of record and to the Court. ________________________________ Name of Attorney, CCA CYFD Protective Services Address Telephone Number CERTIFICATE OF MAILING4 I hereby certify that a true and correct copy of this Notice, along with a copy of the Abuse/Neglect Petition and Affidavit of ________________, were sent by registered/certified mail, return receipt requested, to (check all that apply) [ ] the designated Tribal Agent5 of the ________________ tribe(s) at _________________ (address); [ ] _________________ (name of parent/Indian custodian) at _________________ (address); [ ] the appropriate Regional Director of the Bureau of Indian Affairs6 at ______________ (address). ________________________________ Name of Attorney, CCA