2018 New Mexico Statutes
Chapter 40 - Domestic Affairs
Article 10B - Kinship Guardianship
Section 40-10B-14 - Continuing jurisdiction of the court.
The court appointing a guardian pursuant to the Kinship Guardianship Act retains continuing jurisdiction of the matter.
History: Laws 2001, ch. 167, § 14.
Courts appointing guardians have concurrent jurisdiction with Children's Courts. — Family courts which appoint kinship guardianships have continuing concurrent jurisdiction with children's courts presiding over abuse and neglect proceedings, and therefore petitions to revoke the rights of a kinship guardian may be filed within abuse and neglect proceedings. State ex rel. Children, Youth & Families Dep't v. Djamila B., 2015-NMSC-003.
Where the children's court judge interpreted continuing jurisdiction to mean exclusive jurisdiction, the children's court judge erred in ruling that the court lacked jurisdiction to revoke the kinship guardianship pursuant to this Act. State ex rel. Children, Youth & Families Dep't v. Djamila B., 2015-NMSC-003.