A. If a party to be served with a summons can be found within the state, the summons shall be served upon the party as provided by the Rules of Civil Procedure for the District Courts at least forty-eight hours before the hearing, except that for a child party to an action pursuant to the Abuse and Neglect Act [Chapter 32A, Article 4 NMSA 1978], service shall be on the child's guardian ad litem or attorney and not personally pursuant to children's court rule.
B. If a party to be served is within the state and cannot be found but the party's address is known, service of the summons may be made by mailing a copy of the summons to the party by certified mail at least fifteen days before the hearing.
C. If after reasonable effort a party to be served cannot be found, or address ascertained, within or without the state, the court may order service of the summons by publication in accordance with the provisions of Rule 1-004 of the Rules of Civil Procedure for the District Courts, in which event the hearing shall not be less than five days after the date of last publication.
D. The court may authorize the payment from court funds of the costs of service and of necessary travel expenses incurred by persons summoned or otherwise required to appear at the hearing.
History: 1978 Comp., § 32A-1-13, enacted by Laws 1993, ch. 77, § 22; 1995, ch. 206, § 7; 2005, ch. 189, § 7.
ANNOTATIONSCross references. — For process and service, see Rules 1-004 and 1-005 NMRA.
For process and service in the Children's Court, see Rules 10-103 to 10-106 NMRA.
The 2005 amendment, effective June 17, 2005, changed the statutory reference to the Abuse and Neglect Act and required service to be made on the child's guardian ad litem and attorney in Subsection A.
The 1995 amendment, effective July 1, 1995, added the proviso at the end of Subsection A beginning "except that".
Children's court attorney provides notice. — A fair implication from the Children's Code's structure and language, especially in light of the customary practice of law, is that the children's court attorney who files the petition bears the burden of providing notice to the parties. Martinez v. Mafchir, 35 F.3d 1486 (10th Cir. 1994).
Law reviews. — For survey, "Children's Court Practice in Delinquency and Need of Supervision Cases Under the New Rules," see 6 N.M.L. Rev. 331 (1976).
Am. Jur. 2d, A.L.R. and C.J.S. references. — Service of process, 90 A.L.R.2d 293.