Dallas, TX asked in Native American Law for New Mexico

Q: Ok my children got taken away from us by CYFD. And we live on reservation right. So so who takes jurisdiction?

And could this case be dismissed if the tribe and CYFD didnt follow procedure?

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1 Lawyer Answer
Scott E Beemer
Scott E Beemer
  • Native American Law Lawyer
  • Maricopa, AZ

A: Hello,

I am sorry to hear of your situation.

In New Mexico the following tribes have agreements with CYFD:

Mescalero Apache

Navajo Nation

Pueblo of Jemez

Pueblo of Tesuque

Therefore, if you are a member of these tribes CYFD will have jurisdiction under ICWA and CYFD Agreement. In reference to following procedures, I do not know the particulars of the case or whether there were emergent circumstances that warranted the CYFD action(s) in order to give an educated answer to the posed question.

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