2021 New Mexico Statutes
Chapter 32A - Children's Code
Article 1 - General Provisions
Section 32A-1-9 - Venue and transfer.

A. Proceedings in the court under the provisions of the Children's Code shall begin in the county where the child resides, or in the case of an eligible adult pursuant to the Fostering Connections Act [Chapter 32A, Article 26 NMSA 1978], where the eligible adult resides. If delinquency is alleged, the proceeding may also be begun in the county where the act constituting the alleged delinquent act occurred or in the county in which the child is detained. Neglect, abuse, family in need of court-ordered services or mental health proceedings may also begin in the county where the child is present when the proceeding is commenced. A transfer may be made if the residence of the child or eligible adult changes or for other good cause.

B. In neglect, abuse, family in need of court-ordered services or adoption proceedings for the placement of an Indian child, the court shall, in the absence of good cause to the contrary, transfer the proceeding to the jurisdiction of the Indian child's tribe upon the petition of the Indian child's parent, the Indian child's guardian or the Indian child's tribe. The transfer shall be barred if there is an objection to the transfer by a parent of the Indian child or the Indian child's tribe.

History: 1978 Comp., § 32A-1-9, enacted by Laws 1993, ch. 77, § 18; 1999, ch. 196, § 1; 2005, ch. 189, § 5; 2020, ch. 52, § 1.

The 2020 amendment, effective May 20, 2020, revised certain venue and transfer of venue provisions for proceedings under the Fostering Connections Act; in Subsection A, after "where the child resides", added "or in the case of an eligible adult pursuant to the Fostering Connections Act, where the eligible adult resides", and added "A transfer may be made if the residence of the child or eligible adult changes or for other good cause"; deleted former Subsections B and C and redesignated former Subsection D as Subsection B; and deleted former Subsection D.

The 2005 amendment, effective June 17, 2005, changed "custodian" to "guardian" in Subsection D.

The 1999 amendment, effective July 1, 1999, inserted "or after" in the second sentence of Subsection C, in Subsection D, inserted "Indian" preceding "child's parents" in the first sentence, and "Indian" preceding "child or" in the third sentence.

Decisions under prior law. — In light of the similarity of the provisions, annotations decided under former Section 32-1-13 NMSA 1978 have been included in the annotations to this section.

Transfer barred. — Where a transfer of jurisdiction to tribal court was raised for the first time on appeal, application of the statute was not allowed because the issue was not properly preserved. State ex rel. Children, Youth & Families Dep't v. Andrea M., 2000-NMCA-079, 129 N.M. 512, 10 P.3d 191.

Intent of section. — The legislature intended to create a mechanism which would allow both the children's court and the district court to exercise full subject matter jurisdiction in criminal matters. State v. Garcia, 1979-NMSC-049, 93 N.M. 51, 596 P.2d 264.

District court was required to send matter to children's court if defendant was not adult when the offense charged allegedly was committed. State v. Doe, 1980-NMCA-147, 95 N.M. 88, 619 P.2d 192.

Remand from state district court to children's court. — On habeas corpus petitions by state prisoners, the federal courts are concerned only with basic constitutional questions, and whether a juvenile under New Mexico law is entitled to a remand from the state district court to the juvenile (now children's) court because of defects in the waiver of jurisdiction presents a procedural question ordinarily to be determined by the New Mexico courts. Salazar v. Rodriguez, 371 F.2d 726 (10th Cir. 1967).

Traffic offenses not deemed delinquent acts. — Municipal and magistrate courts can exercise jurisdiction over children for traffic offenses which are not designated delinquent acts under the Children's Code. 1972 Op. Att'y Gen. No. 72-34.

Extradition of juveniles from another state. 1973 Op. Att'y Gen. No. 73-14 (rendered under prior law).

Am. Jur. 2d, A.L.R. and C.J.S. references. — Jurisdiction of another court over child as affected by assumption of jurisdiction by juvenile court, 11 A.L.R. 147, 78 A.L.R. 317, 146 A.L.R. 1153.

Authority of court to order juvenile delinquent incarcerated in adult penal institution, 95 A.L.R.3d 568.