Rule 10-121 Parties.
ARTICLE 1 General Provisions; All Proceedings
Rule Text
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 Rule10-103 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.
Amendment history: As amended, effective July 1, 1995; February 15, 1999; Rule 10-108 NMRA, recompiled and amended as Rule 10-121 NMRA by Supreme Court Order No. 08-8300-042, effective January 15, 2009; as provisionally amended by Supreme Court Order No. 21-8300-007, effective for all cases pending or filed on or after November 12, 2021; provisional amendments approved by Supreme Court Order No. 22-8300-017, effective for all cases pending or filed on or after December 31, 2022. As amended by Supreme Court Order No. 08-8300-042, effective January 15, 2009; as provisionally amended by Supreme Court Order No. 21-8300-007, effective for all cases pending or filed on or after November 12, 2021; as amended by Supreme Court Order No. 22-8300-017, effective for all cases pending or filed on or after December 31, 2022.