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 has been placed in the care of others. The bill retains the requirement for the court to prioritize the child's welfare and the likelihood of adoption when making decisions about parental rights.

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 allows the court to grant adoption without a separate petition if certain conditions are met, ensuring that the adoption process aligns with the requirements of the Adoption Act while providing a timeline for counseling and preparation for the child prior to adoption.

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