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Rule 10-121 Parties.

ARTICLE 1 General Provisions; All Proceedings

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.