N.M. Stat. § 32A-4-23.1
Disposition of an undocumented immigrant child in a
proceeding under the Abuse and Neglect Act.
A. Whenever the court adjudicates that a child is abused or neglected, the
department shall determine the child's immigration status. At the first judicial review, the
department shall report the child's immigration status to the court. Services to children
alleged to have been abused, neglected or abandoned must be provided without regard
to the immigration status of the child except where immigration status is explicitly set
forth as a statutory or regulatory condition of coverage or eligibility.
B. If the child is an undocumented immigrant, the department shall include in the
treatment plan a recommendation as to whether the permanency plan for the child
includes reuniting the child with the child's parents and whether it is in the child's best
interest to be returned to the child's country of origin. If the permanency plan does not
include reunification and the department does not recommend that the child be returned
to the country of origin, the department shall determine whether the child may be
eligible for special immigrant juvenile status under federal law.
C. If the child is eligible for special immigrant juvenile status, the department shall
move the court for a special immigrant juvenile status order containing the necessary
findings to establish that the child meets the criteria for federal special immigrant
juvenile status. The department's motion shall include a statement of the express
wishes of the child, as expressed by the child or the child's guardian ad litem or
attorney.
D. After consultation with the child and the child's guardian ad litem or attorney, the
department shall determine whether the child's best interests would be served by the
filing of a petition for special immigrant juvenile status and application for adjustment of
status and if in the child's best interest, within sixty days after an entry of the special
immigrant juvenile status order, the department shall file a petition for special immigrant
juvenile status and an application for adjustment of status on behalf of the child.
E. If a petition and application have been filed and the petition and application have
not been granted by the time the child reaches eighteen years of age, the court may
retain jurisdiction over the case for the sole purpose of ensuring that the child continues
to satisfy the requirements for classification as a special immigrant juvenile.
F. Review hearings for the child shall be set solely for the purpose of confirming that
the child continues to satisfy such requirements and determining the status of the
petition and application.
G. The court's jurisdiction terminates upon the final decision of the federal
authorities.
H. Retention of jurisdiction in this instance does not affect the transition services
available to the child.
I. The court may not retain jurisdiction of the case after the immigrant child's
twenty-first birthday.
J. In a judicial review report provided to the court for a child for whom the court has
granted the special immigrant juvenile status order described in Subsection C of this
section, the court shall be advised of the status of the petition and application process
concerning the child.