The bill amends Section 32A-4-28 of the New Mexico Statutes regarding the termination of parental rights in cases of child abuse or neglect. It removes the presumption of abandonment as a basis for considering the termination of parental rights, specifically eliminating the previous conditions that created a rebuttable presumption of abandonment when a child had been placed in the care of others. The bill now allows the court to terminate parental rights based on abandonment or if the child has been neglected or abused, without the need for the previously outlined conditions related to the child's placement and relationship with substitute caregivers.

Additionally, the bill introduces new provisions that prevent the department from filing or joining motions to terminate parental rights solely based on a parent's incarceration or the child's status as an Indian child. It also clarifies that if the court finds grounds for termination of parental rights and the requirements for adoption are met, it may grant adoption without a separate petition, while ensuring that all time requirements of the Adoption Act are adhered to. This legislative change aims to prioritize the welfare of the child while streamlining the process for adoption in cases of parental rights termination.

Statutes affected:
introduced version: 32A-4-28