A. Notwithstanding the provisions of any other law to the contrary, an involuntary placement order for a child issued by a tribal court shall be recognized and enforced by the district court for the judicial district in which the tribal court is located. The involuntary placement order shall be filed with the clerk of the district court. The tribal court, as the court of original jurisdiction, shall retain jurisdiction and authority over the child.
B. A child placed in an evaluation facility pursuant to the provisions of this section shall be subject to the continuing jurisdiction of the tribal court; provided that any decisions regarding discharge or release of the child from the evaluation facility shall be made by the administrator of that facility. Prior to discharging or releasing the child, the facility shall:
(1) make custody arrangements with the child's legal custodian; and
(2) establish a plan for the child's aftercare.
C. When an Indian child is placed in an evaluation facility pursuant to the provisions of this section, any outpatient treatment of the Indian child shall be provided in the same manner as treatment would be provided for any other child.
D. When an Indian child requires emergency treatment or habilitation, that treatment or habilitation shall be provided pursuant to the provisions of the Children's Mental Health and Developmental Disabilities Act.
E. An Indian child residing on or off a reservation, as a citizen of this state, shall have the same right to services available to other children of the state.
History: Laws 2007, ch. 162, § 29.
ANNOTATIONSCross references. — For provisions of the 1995 "Children's Mental Health and Developmental Disabilities Act, relating to tribal court involuntary placement orders, see the 2006 NMSA 1978 (32A-6-21) on NMOneSource.com.
Effective dates. — Laws 2007, ch. 162 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 15, 2007, 90 days after the adjournment of the legislature.
Temporary provision. — Laws 2007, ch. 162, § 30, provided that the department of health shall promulgate rules for the operation of a human rights committee charged with review and evaluation of a treatment plan that includes aversive intervention.
Law reviews. — For article, "Problems in the Application of Full Faith and Credit for Indian Tribes," see 7 N.M.L. Rev. 133 (1977).