TERMINATION OF PARENTAL RIGHTS

SB 406 amends New Mexico's child welfare law to remove a presumption of abandonment as a basis for terminating parental rights in abuse or neglect cases. It deletes the provision that created a rebuttable presumption of abandonment when a child lived with others for an extended period under specific conditions (like disintegrated parent-child relationships). The bill also prohibits courts from terminating rights solely based on parental incarceration or the child being an Indian child. This directly affects child welfare cases where courts currently consider these factors. The bill was postponed indefinitely by the Senate on June 3, 2025, and has not become law.