New Mexico Administrative Code
Title 8 - SOCIAL SERVICES
Chapter 10 - CHILD PROTECTIVE SERVICES
Part 7 - PROTECTIVE SERVICES LEGAL
Section 8.10.7.21 - TERMINATION OF PARENTAL RIGHTS

A. The children's court attorney shall attend the change of plan staffing when PSD is considering recommending to the court that a child's plan be changed to adoption. PSD shall pursue a motion to terminate parental rights within 45 days of the PSD staffing establishing a plan of adoption for the child, or when it is clinically indicated.

B. In the case of a child who has been in foster care 15 of the most recent 22 months, PSD shall pursue a motion to terminate parental rights by the end of the fifteenth (15th) month in foster care, unless the child is being cared for by a relative or fictive kin, or PSD has documented compelling reason(s) for not filing; or PSD has not provided to the family those services deemed necessary for the safe return of the child within the time period in the case plan. PSD calculates the 15 of the most recent 22 month period from the date the child entered foster care, uses a cumulative method of calculation when a child experiences multiple exits from and entries into foster care during the 22 month period, and excludes trial home visits and runaway episodes in calculating the 15 months. If there are compelling reasons for not seeking to terminate parental rights, those reasons shall be documented in the case plan.