The bill amends Section 32A-4-28 of the New Mexico Statutes to remove the presumption of abandonment as a basis for terminating parental rights in cases of child abuse or neglect. Specifically, it eliminates the previous criteria that included a presumption of abandonment based on various conditions related to the child's placement in care and the parent-child relationship. The bill now allows for the termination of parental rights if a child has been neglected or abused, and the court finds that the conditions leading to this neglect or abuse are unlikely to change, despite reasonable efforts to assist the parent.

Additionally, the bill introduces new provisions that prevent the department from filing a motion 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 decides to terminate parental rights and the requirements for adoption are met, it can grant adoption without requiring a separate petition, provided that good cause exists for such a waiver. The adoption decree will take effect sixty days after the termination of parental rights, allowing time for necessary preparations for the child.

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