New Mexico Administrative Code
Title 8 - SOCIAL SERVICES
Chapter 50 - CHILD SUPPORT ENFORCEMENT PROGRAM
Part 124 - INTERSTATE CASES
Section 8.50.124.13 - DOMESTIC VIOLENCE SAFEGUARDS

Universal Citation: 8 NM Admin Code 8.50.124.13

Current through Register Vol. 35, No. 18, September 24, 2024

A. Responding interstate cases: In all responding interstate cases (cases sent to the Title IV-D agency by another jurisdiction for the establishment or enforcement of a support obligation), the Title IV-D agency should review the documents received from the child support agency in the other jurisdiction to determine if the case has been noted as a non-disclosure case. If the case is a non-disclosure case, then the Title IV-D agency, in accordance with NMSA 1978, Section 40-6A-312 shall:

(1) prepare appropriate documents requesting the temporary sealing of the court file;

(2) upon issuance by the state district court of the temporary order sealing court file and notice of hearing, as appropriate, serve the non-custodial parent with redacted copies of all pleadings and attachments; the Title IV-D agency shall redact all addresses, telephone numbers, and social security numbers for the custodial party and the child(ren) in the initiating jurisdiction;

(3) at the hearing on sealing of the court file, inform the custodial party that he or she shall testify as to why the court's file should be permanently sealed to prevent the disclosure of contact information for the custodial party and the child(ren);

(4) if the court enters an order permanently sealing the court file, only forward to the non-custodial party documents that have all contact information for the custodial party and the child(ren) redacted.

B. Initiating interstate cases: In all initiating interstate cases (cases sent by the Title IV-D agency to the child support agency of another jurisdiction), if the initiating individual (custodial party or non-custodial parent) requests non-disclosure status, then the IV-D agency shall require the party to complete documents relating to the non-disclosure request and forward the request to the other state or territory.

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