25.1 ORIGINAL PARTIES TO THE PROCEEDING
Children’s Court Rule 10-108 lists the parties to an abuse or neglect action:

• the state;
• a parent who has allegedly neglected or abused the child;
• the child alleged to be neglected or abused;
• if the state joins them as parties, the non-custodial parent or parents, the child’s guardian or custodian or any other person permitted by law to intervene (see Handbook §§25.2 and 25.3 below).

If a motion for termination of parental rights is filed in the case, the list of necessary parties under Rule 10-108 expands. The parties are:

• the state;
• any parent who has a constitutionally protected liberty interest in the child (see Chapter 2);
• the legal guardians of the child; and
• any other person required by law to be made a party.

If a parent was not already a party, he or she must be joined in the action and served with summons and a copy of the motion. Rule 10-108(D) and 10-330(B).

25.2 INTERVENTION AS OF RIGHT

25.2.1 STATUTE 
Under §32A-4-27, the following persons are entitled to intervene as a matter of right and may do so during any stage of the proceeding:

• the parent, if not named in the petition alleging abuse or neglect; or
• when the child is an Indian child, the child's Indian tribe. §32A-4-27(D).

The child’s foster parent is also entitled to intervene as a matter of right when the following conditions are met:

• the foster parent desires to adopt the child;
• the child has resided with the foster parent for at least six months within the year prior to the termination of parental rights;
• a motion for termination of parental rights has been filed by a person other than the foster parent; and
• bonding between the child and the child’s foster parent is alleged as a reason for terminating parental rights in the motion for termination. §32A-4-27(E).

25.2.2 RULE
Rule 10-108(E) also provides that the child’s parents and Indian tribe may intervene as a matter of right. In case of the foster parents described above, the rule only addresses permissive intervention and provides for intervention by persons with a statutory right to intervene “upon timely application” and “subject to such terms and conditions as the judge prescribes.” See Handbook §25.3.2 below.

25.3 PERMISSIVE INTERVENTION

25.3.1 STATUTE
Under §32A-4-27, the court may permit any of the following people to intervene as a party, with a motion for affirmative relief, at any stage of the proceeding:

• a foster parent with whom the child has resided for at least six months;
• a relative within the fifth degree of consanguinity with whom the child has resided;
• a stepparent with whom the child has resided; or
• a person who wishes to become the child's permanent guardian. §32A-4-27(A).

Motions for affirmative relief might include, for example, a motion to adopt, a motion for permanent guardianship, a motion for visitation, or any other motion regarding the interaction with the child. Failure to bring to the court’s attention the motion for affirmative relief can defeat the attempt to intervene. In Re Marcia L., 109 N.M. 420 (Ct. App. 1989).

When determining whether the movant should be permitted to intervene, the court must consider:

• the person's rationale for intervening; and
• whether intervention is in the best interest of the child. §32A-4-27(B).

When the court determines that the child's best interest will be served by the intervention, the court may grant the motion unless the party opposing it can demonstrate that:

• a viable plan for reunification with the respondents is in progress and
• intervention could impede the progress of the reunification plan. §32A-4-27(A)-(C).

25.3.2 RULE
Rule 10-108 provides that, upon timely application, the following persons may be permitted to intervene under such terms and conditions as the judge may prescribe:

• the child’s guardian or custodian or any other person permitted by law;
• any person with a statutory right to intervene; or
• anyperson who has a constitutionally protected liberty interest in the proceeding if the disposition of the action may as a practical matter impair or impede the applicant’s ability to protect that interest, unless the applicant’s interest is adequately represented by existing parties.

In exercising its discretion, the court shall consider whether the intervention will unduly delay or prejudice the adjudication of the rights of the original parties. Rule 10-108(E)(2). The decision of the court on a motion for intervention can be reviewed on appeal for abuse of discretion only. In Re Melvin B., 109 N.M. 18 (Ct. App. 1989).

25.4 NON-PARTY PARTICIPANTS

25.4.1 FOSTER PARENTS, PREADOPTIVE PARENTS, RELATIVES PROVIDING CARE
In 1999, the Abuse and Neglect Act was amended to require that the foster parent, preadoptive parent or relative providing care for the child be given notice of, and an opportunity to be heard in, any review or hearing with respect to the child. The foster parent, preadoptive parent or relative need not become a party to the review or hearing to participate in this manner. §32A-4-27(F).

Similar provisions are found in other sections of the Act:

• Thefoster parent, preadoptive parent or relative providing care must be given notice and an opportunity to be heard at the dispositional phase. §32A-4-20(C).
• The children’s court attorney must give notice to the foster parent or substitute care provider of the time, place and purpose of judicial review hearings. §32A-4-25(C).
• Thechildren’s court attorney must give notice to the child’s foster parent or substitute care provider of the time, place and purpose of permanency hearings. §32A-4-25.1(G).

In 2007, the Children’s Court Rules were amended to emphasize the importance of ensuring that foster parents, preadoptive parents or relatives providing care for the child are informed of their right to be heard at permanency and periodic judicial review hearings. See Rule 10-105.3.

25.4.2 CASA AND CRB REPRESENTATIVES
Once the adjudication is concluded, there tends to be increasing involvement on the part of Court Appointed Special Advocates (CASA) and the local Citizen Review Boards (CRB):

• The children’s court attorney must send notice of judicial review and permanency hearings to the child’s CASA and the contractor administering the local CRB. §§32A-4-25(C) and 32A-4-25.1(G)). 
• Prior to the initial judicial review, CYFD must send copies of the adjudicatory and dispositional orders and notice of the judicial review hearing to the local CRB. A representative of the CRB is invited to attend and comment to the court. §32A-4-25(A).
• Prior to any subsequent judicial review, CYFD is to send a progress report to the CRB, which may review the dispositional order and the report and submit its findings and recommendations to the court. §32A-4-25(B).
• The role of the CRB is stated more strongly in the Citizen Substitute Care Review Act, §§32A-8-1 to 32A-8-7. Prior to any judicial review, the CRB must review the dispositional order or continuation of the order and CYFD’s progress report on the child and submit a report to the court. The parties in the proceedings are to be given notice of the review board meeting and an opportunity to participate fully in the meeting. §32A-8-6.
• Prior to the first permanency hearing, CYFD is to submit a progress report to the local CRB. The CRB may submit its findings and recommendations to the court. §32A-4-25.1(A).
• The the adjudicatory phase of the proceeding has been concluded, the CASA is assigned duties to assist the court in determining the best interests of the child and often submits reports to the court in the course of the proceeding. Rule 10-121.

See Chapter 9 and Chapter 10 for descriptions of the roles and responsibilities of CASAs and CRBs respectively.

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