HB 149 — JUVENILE DELINQUENCY NOTICES TO TRIBES

HOUSE BILL 149 54TH LEGISLATURE - STATEOFNEWMEXICO- FIRST SESSION, 2019 INTRODUCED BY Georgene Louis Pursuant to House Rule 24-1, this document incorporates amendments that have been adopted prior to consideration of this measure by the House.

It is a tool to show the amendments in context and is not to be used for the purpose of amendments.

REQUIRING NOTICE TO NATIVE h AMERICAN NATIONS, TRIBES AND PUEBLOS IN CERTAIN PROCEEDINGS g o CONCERNING NATIVE AMERICAN MINORS.

t6 hr g e i k h r i s BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

h , t, SECTION 1.

Section 32A-1-14 NMSA 1978 (being Laws 1993, e u g e b l e e h Chapter 77, Section 23, as amended) is amended to read:

n d d i = = o h "32A-1-14.

NOTICE TO INDIAN TRIBES.-- l ] b ,d i a º e A.

In a case involving a family in need of r i = r t e w d m a n o court-ordered services, if the child is an Indian child, the dIndian mchild's :tribe shall be notified when the petition is filed.

b e d s º o t n = .212183.1 s k m e e a n e d r e l u [ A d Indian child's tribe shall be notified when the petition is filed.

In a delinquency proceeding, if the child is an Indian child, the Indian child's tribe shall be notified of the filing of the petition HSEICºviavia certified mail»HSEIC.mail." SECTION 2.

HSEICºThe form and manner of the notice shall comply with the provisions of the federal Indian Child Welfare Act of 1978.»HSEIC" SECTION 2.

JUVENILE PROBATION AND PAROLE SERVICES-- h ESTABLISHMENT--JUVENILE PROBATION AND PAROLE OFFICERS--POWERS gHB o149/a tPage hr1 AND DUTIES.-- g e i k A.

Juvenile probation and parole services shall be h r i s provided by the department.

h , t, e u g B.

To carry out the objectives and provisions of e b l e e h the Delinquency Act, but subject to its limitations, the n d d i = = o h department has the power and duty to:

l ] b ,d i a º e (1) receive and examine complaints and rallegations ithat =a rchild tis ea wdelinquent dchild mfor athe npurpose oof allegationsconsidering thatbeginning a childproceeding ispursuant ato delinquentthe childprovisions forof the purposeDelinquency dAct; m :

b e d s º o t n = .212183.1 s k m e - 2 - e a n e d r e l u [ A d of considering beginning a proceeding pursuant to the provisions of the Delinquency Act;

h (7) give notice to the children's court gHB o149/a tPage hr2 attorney of the receipt of any felony complaint and of any g e i k recommended adjustment of such felony complaint;

h r i s (8) identify an Indian child for the purpose h , t, of contacting the Indian child's tribe in delinquency cases;

e u g e b l e e h and n(9) dupon dreceipt iof =a =referral, ocontact h HSEICº (9) [contact an Indian child's tribe to l ] b ,d i a º e consult and exchange information for the purpose of preparingcollaborating aon rappropriate ireferrals =for rservices talong ewith wcase dplanning mthroughout athe nperiod o predisposition report when commitment or placement of aninvolvement Indianwith djuvenile mjustice :services.

b e d s º o t n = .212183.1 s k m e - 3 - e a n e d r e l u [ A d child is contemplated or has been ordered and indicate in the report the name of the person contacted in the Indian child's tribe and the results of the contact] notify the child's tribe if the filing of a delinquency petition is recommended by the department.»HSEIC HJCºHSEICº(9) contact an Indian child's tribe to consult andexchange information for the purpose of collaborating on appropriate referrals for services along with case planning throughout the period of involvement with juvenile justice services.»HSEIC»HJC HJCº(9) upon receipt of a referral, contact an Indian child's tribe to consult and exchange information for the purpose of collaborating on appropriate referrals for services along with case planning throughout the period of involvement with juvenile justice services.»HJC C.

A juvenile probation and parole officer does not h have the powers of a law enforcement officer.

A juvenile u » r t h probation and parole officer may take into physical custody and g e l i place in detention, subject to application of a detention risk h r i s assessment instrument, a child who is under supervision as a h , e h t u g delinquent child or as a youthful offender when there is e b l e e , gh reasonable cause to believe that the child has violated the n d d i = = o h conditions of the child's probation or that the child may leave l ] b ,d i a º r e r = the jurisdiction of the court.

Taking a child into custody t e w d m a n o under this subsection is subject to and shall proceed in daccordance mwith :the provisions of the Delinquency Act relating to custody and detention procedures and criteria." HB 149/a Page 3 25

b r e t º o t n = .212183.1 s k m e - 4 - e a n e d r e l u [ A d accordance with the provisions of the Delinquency Act relating to custody and detention procedures and criteria." - 5 - » g o » r h t i k l i g t h s , e h t l i w l b l e e , g n d l h = = b , a l º d i a r e r = , a t e d m a n o d m :

b r e t º o t n = .212183.1 s k em e - 5 - e a n e d r e l u [ A d