A. In any adoptive placement of an Indian child under state law, preference shall be given, in the absence of good cause to the contrary, to a placement with:
(1) a member of the Indian child's extended family;
(2) other members of the child's Indian tribe; or
(3) other Indian families.
B. An Indian child accepted for pre-adoptive placement shall be placed in the least restrictive setting which most approximates a family in which the child's special needs, if any, may be met. The Indian child shall also be placed within reasonable proximity to the Indian child's home, taking into account special needs of the Indian child. In any foster care or pre-adoptive placement, a preference shall be given, in the absence of good cause to the contrary, to a placement with:
(1) a member of the Indian child's extended family;
(2) a foster home licensed, approved and specified by the Indian child's tribe;
(3) an Indian foster home licensed or approved by an authorized non-Indian licensing authority; or
(4) an institution for children approved by the Indian tribe or operated by an Indian organization that has a program suitable to meet the Indian child's needs.
C. If the placement preferences of this section are not followed or if the Indian child is placed in an institution, a plan shall be developed to ensure that the Indian child's cultural ties are protected and fostered.
History: 1978 Comp., § 32A-5-5, enacted by Laws 1993, ch. 77, § 132.
ANNOTATIONSCross references. — For applicability of this section where an Indian child is taken into custody pursuant to the Safe Haven for Infants Act, see 24-22-1 NMSA 1978.