reglab/housing_qa huggingface dataset:
NM Stat § 32A-3A-2 (2021)
2021 New Mexico Statutes|Chapter 32A - Children's Code|Article 3A - Families Services|Section 32A-3A-2 - Definitions.

As used in the Family Services Act: A. "child or family in need of family services" means a family:(1) whose child's behavior endangers the child's health, safety, education or well-being;(2) whose child is excessively absent from public school as defined in the Attendance for Success Act [22-12A-1 to 22-12A-14 NMSA 1978];(3) whose child is absent from the child's place of residence for twenty-four hours or more without the consent of the parent, guardian or custodian;(4) in which the parent, guardian or custodian of a child refuses to permit the child to live with the parent, guardian or custodian; or(5) in which the child refuses to live with the child's parent, guardian or custodian; andB. "family services" means services that address specific needs of the child or family.History: 1978 Comp., § 32A-3A-2, enacted by Laws 1993, ch. 77, § 64; 2005, ch. 189, § 26; 2019, ch. 223, § 15. ANNOTATIONSThe 2019 amendment, effective June 14, 2019, revised the definition of "child or family in need of services" to include a family whose child is excessively absent from public school; and in Subsection A, added a new Paragraph A(2) and redesignated former Paragraphs A(2) through A(4) as Paragraphs A(3) through A(5).The 2005 amendment, effective June 17, 2005, in Subsection A(1), defined "child or family in need of family services" to mean a family whose child's behavior endangers the child's health, safety, education or well-being; deleted former Subsection B, which defined "family needs assessment"; in Subsection B, defined "family services" to mean services that address needs of the child or family; deleted former Subsection C(1) through (10), which listed service that where included in the former definition of "family services" and deleted former Subsection D, which defined "plan for family services" as an intervention plan based on the needs of the child and family.
NM Stat § 32A-3A-3 (2021)
2021 New Mexico Statutes|Chapter 32A - Children's Code|Article 3A - Families Services|Section 32A-3A-3 - Request for family services; withdrawal of request; presumption of good faith.

A. Any child or family member who has a reasonable belief that the child or family is in need of family services may request family services from the department.B. Any person, including a public or private school principal, who has a reasonable belief that a child or family is in need of family services may submit a referral to the department.C. A family that requests or accepts family services may withdraw its request for or acceptance of family services at any time.D. A person who refers a child or family for family services is presumed to be acting in good faith and shall be immune from civil or criminal liability, unless the person acted in bad faith or with malicious purpose. History: 1978 Comp., § 32A-3A-3, enacted by Laws 1993, ch. 77, § 65; 2005, ch. 189, § 27; 2019, ch. 223, § 16. ANNOTATIONSThe 2019 amendment, effective June 14, 2019, provided that public or private school principals may submit a referral to the department if they have a reasonable belief that a child or family is in need of family services; and in Subsection B, after "person", added "including a public or private school principal".The 2005 amendment, effective June 17, 2005, in Subsection A, provided that any child or family member who believes that a child is in need of family services may request family services from the department; in Subsection B, provided that any person who believes that a child is in need of family services may submit a referral to the department; and deleted former Subsection C, which authorized a representative of a school to submit a request for family services on behalf of a family to the department under listed certain circumstances.
NM Stat § 32A-3A-4 (2021)
2021 New Mexico Statutes|Chapter 32A - Children's Code|Article 3A - Families Services|Section 32A-3A-4 - Referral process.

A. The department shall, subject to the availability of resources, design and implement a referral process to assist a child or family in accessing appropriate services. B. When the child involved in the referral process is an Indian child, the assessment and referral process shall include contact with the Indian child's tribe for the purpose of consulting and exchanging information. History: 1978 Comp., § 32A-3A-4, enacted by Laws 1993, ch. 77, § 66; 1995, ch. 206, § 18; 2005, ch. 189, § 28. ANNOTATIONSThe 2005 amendment, effective June 17, 2005, in Subsection A, deleted the requirement that the state department of public education [public education department] and the department of health cooperate to design and implement an assessment and referral process for the purpose of assessing the needs of a family in need of services and making referrals; deleted former Subsections B and C, which provided for the elements of the assessment and referral process; and redesignated former Subsection D as Subsection B. The 1995 amendment, effective July 1, 1995, added "the department, the state department of public education [public education department], the local education agency and the department of health" following "child's family" in Subsection C.
NM Stat § 32A-3A-5 (2021)
2021 New Mexico Statutes|Chapter 32A - Children's Code|Article 3A - Families Services|Section 32A-3A-5 - Repealed.

History: 1978 Comp., § 32A-3A-5, enacted by Laws 1993, ch. 77, § 67; repealed by Laws 2005, ch. 189, § 77.ANNOTATIONSRepeals. — Laws 2005, Chapter 189, § 77 repealed 32A-3A-5 NMSA 1978, as enacted by Laws 1993, ch. 77, § 67, relating to plan for family services, effective June 17, 2005. Because the former and new sections are substantially the same, the new section is considered a continuation of the former section. See 12-2A-14 NMSA 1978. For provisions of former section, see the 2004 NMSA 1978 on NMOneSource.com.
NM Stat § 32A-3A-6 (2021)
2021 New Mexico Statutes|Chapter 32A - Children's Code|Article 3A - Families Services|Section 32A-3A-6 - Voluntary placement of child outside home; documentation.

A. Upon written application by a parent, guardian or custodian, and if good cause is shown, the department may accept custody of a minor child for temporary voluntary placement outside the home. B. Prior to accepting any child for voluntary placement, the department shall document the following: (1) the efforts made by the department to provide or arrange for services by other public or private agencies that would be affordable to the family and that would alleviate the conditions leading to the placement request; (2) any determination that the services are not available; (3) any refusal by the parent, guardian or custodian to accept the services; and (4) the fact that conditions leading to the placement request could not be alleviated by services aimed at keeping the child in the home. C. If the department accepts custody of a child, the department shall provide the child with shelter in an appropriate facility, pursuant to the provisions of Section 32-3B-6 [32A-3B-6] NMSA 1978, that is located as close as possible to the child's residence. The child shall not be held in a jail or other facility intended or used for the incarceration of adults charged or convicted of criminal offenses or a facility for the detention of children alleged to be or adjudicated as delinquent children. History: 1978 Comp., § 32A-3A-6, enacted by Laws 1993, ch. 77, § 68.
NM Stat § 32A-3A-7 (2021)
2021 New Mexico Statutes|Chapter 32A - Children's Code|Article 3A - Families Services|Section 32A-3A-7 - Voluntary placement; time limitation.

A. No child shall remain in voluntary placement for longer than one hundred eighty consecutive days or for more than one hundred eighty days in any calendar year; provided that a child may remain in voluntary placement up to an additional one hundred eighty consecutive days upon order of the court after the filing of a petition by the department for extension of voluntary placement, a hearing and a finding that additional voluntary placement is in the best interests of the child. B. In no event shall a child remain in voluntary placement for a period in excess of three hundred sixty-five days in any two-year period. C. Any placement described in this section shall not be considered abandonment by a parent, guardian or custodian or other family member. History: 1978 Comp., § 32A-3A-7, enacted by Laws 1993, ch. 77, § 69; 2005, ch. 82, § 1. ANNOTATIONSThe 2005 amendment, effective April 4, 2005, extended the time for temporary placements of children.
NM Stat § 32A-3A-8 (2021)
2021 New Mexico Statutes|Chapter 32A - Children's Code|Article 3A - Families Services|Section 32A-3A-8 - Duty to file a petition.

If any child has remained in voluntary placement for longer than three hundred sixty-five days in any two-year period and the parent, guardian or custodian of the child refuses to or cannot accept the child back into the parent's, guardian's or custodian's custody, the department shall immediately file a petition alleging that the child is a neglected child or that the child's family needs court-ordered family services. History: 1978 Comp., § 32A-3A-8, enacted by Laws 1993, ch. 77, § 70; 2005, ch. 82, § 2. ANNOTATIONSThe 2005 amendment, effective April 4, 2005, extended the time of placement after which the department is required to file a petition.
NM Stat § 32A-3A-9 (2021)
2021 New Mexico Statutes|Chapter 32A - Children's Code|Article 3A - Families Services|Section 32A-3A-9 - Right to regain custody.

A parent, guardian or custodian may at any time demand and obtain the return of a child voluntarily placed outside the home. The child shall be returned within seventy-two hours of the demand; however, the department may prevent the immediate return by requesting the children's court attorney to file a petition alleging neglect or abuse and by obtaining temporary custody of the child before the expiration of the seventy-two hours. History: 1978 Comp., § 32A-3A-9, enacted by Laws 1993, ch. 77, § 71. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — Right of parent to regain custody of child after temporary conditional relinquishment of custody, 35 A.L.R.4th 61.
NM Stat § 32A-3A-10 (2021)
2021 New Mexico Statutes|Chapter 32A - Children's Code|Article 3A - Families Services|Section 32A-3A-10 - Voluntary placement; rights of parent.

Any parent, guardian or custodian whose child is in voluntary placement shall have the following rights with respect to the child: A. the right of reasonable visitation with the child; B. the right to be informed of changes in the child's school or of changes in the child's placement by the department; and C. the right of decision as to all nonemergency and nonroutine medical care provided for the child. History: 1978 Comp., § 32A-3A-10, enacted by Laws 1993, ch. 77, § 72. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — Denial or restriction of visitation rights to parent charged with sexually abusing child, 1 A.L.R.5th 776.
NM Stat § 32A-3A-12 (2021)
2021 New Mexico Statutes|Chapter 32A - Children's Code|Article 3A - Families Services|Section 32A-3A-12 - Foster families; free admission to museums and state parks.

Foster parents and children in the custody of foster parents who are residents of the state shall be provided free admission to state-owned museums and state parks; provided that eligibility for free admission shall be contingent upon demonstration of proof of identity, residency and status as a foster parent or child in the custody of a foster parent, in accordance with rules of the:A. cultural affairs department, for free day-use admission to state-owned museums; andB. energy, minerals and natural resources department, for free day-use admission to state parks. History: Laws 2019, ch. 132, § 1. ANNOTATIONSEffective dates. — Laws 2019, ch. 132 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 14, 2019, 90 days after the adjournment of the legislature.
NM Stat § 32A-3A-14 (2021)
2021 New Mexico Statutes|Chapter 32A - Children's Code|Article 3A - Families Services|Section 32A-3A-14 - Notification to the department of noncompliance with a plan of care.

A. If the parents, relatives, guardians or caretakers of a child released from a hospital or freestanding birthing center pursuant to a plan of care fail to comply with that plan, the department shall be notified and the department may conduct a family assessment. Based on the results of the family assessment, the department may offer or provide referrals for counseling, training, or other services aimed at addressing the underlying causative factors that may jeopardize the safety or well-being of the child. The child's parents, relatives, guardians or caretakers may choose to accept or decline any service or program offered subsequent to the family assessment; provided that if the child's parents, relatives, guardians or caretakers decline those services or programs, the department may proceed with an investigation.B. As used in this section, "family assessment" means a comprehensive assessment prepared by the department at the time the department receives notification of failure to comply with the plan of care to determine the needs of a child and the child's parents, relatives, guardians or caretakers, including an assessment of the likelihood of:(1) imminent danger to a child's well-being;(2) the child becoming an abused child or neglected child; and(3) the strengths and needs of the child's family members, including parents, relatives, guardians or caretakers, with respect to providing for the health and safety of the child.History: Laws 2019, ch. 190, § 4. ANNOTATIONSEffective dates. — Laws 2019, ch. 190 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 14, 2019, 90 days after the adjournment of the legislature.
NM Stat § 32A-3A-15 (2021)
2021 New Mexico Statutes|Chapter 32A - Children's Code|Article 3A - Families Services|Section 32A-3A-15 - Medical cannabis program; removal of children; family services intervention; school enrollment; medical care.

A. An individual's participation in the state's medical cannabis program established pursuant to the Lynn and Erin Compassionate Use Act [26-2B-1 to 26-2B-7 NMSA 1978] shall not in itself constitute grounds for:(1) intervention, removal or placement into state custody of a child in that individual's care pursuant to the Abuse and Neglect Act [Chapter 32A, Article 4 NMSA 1978]; or(2) the provision of state prevention, diversion or intervention services to that individual's family pursuant to the Family Services Act.B. A person shall not be denied custody of or visitation or parenting time with a child, and there is no presumption of neglect or child endangerment, for conduct allowed under the Lynn and Erin Compassionate Use Act.C. A school shall not refuse to enroll or otherwise penalize a person solely for conduct allowed pursuant to the Lynn and Erin Compassionate Use Act, unless failing to do so would cause the school to lose a monetary or licensing-related benefit under federal law or regulation.D. For the purposes of medical care, including an organ transplant, a qualified patient's use of cannabis pursuant to the Lynn and Erin Compassionate Use Act shall be considered the equivalent of the use of any other medication under the direction of a physician and shall not be considered to constitute the use of an illicit substance or otherwise disqualify a qualified patient from medical care. History: Laws 2019, ch. 247, § 14. ANNOTATIONSEffective dates. — Laws 2019, ch. 247 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 14, 2019, 90 days after the adjournment of the legislature.
NM Stat § 32A-3B-1 (2021)
2021 New Mexico Statutes|Chapter 32A - Children's Code|Article 3B - Families in Need of Court-Ordered Services|Section 32A-3B-1 - Short title; purpose.

A. Chapter 32A, Article 3B NMSA 1978 may be cited as the "Family in Need of Court-Ordered Services Act". B. The Family in Need of Court-Ordered Services Act shall be interpreted and construed to effectuate the following expressed legislative purposes: (1) through court intervention, to provide services for a family in need of services when voluntary services have been exhausted; and (2) to recognize that many instances of truancy and running away by a child are symptomatic of a family in need of services and that in some family situations the child and parent are unable to share a residence. History: 1978 Comp., § 32A-3B-1, enacted by Laws 1993, ch. 77, § 73; 2005, ch. 189, § 29. ANNOTATIONSThe 2005 amendment, effective June 17, 2005, stated the title of the act in Subsection A and deleted the former statement that the purpose of the act is to determine whether learning problems are a cause of a child's absence form school and the steps to overcome the learning problems.
NM Stat § 32A-3B-2 (2021)
2021 New Mexico Statutes|Chapter 32A - Children's Code|Article 3B - Families in Need of Court-Ordered Services|Section 32A-3B-2 - Definitions.

As used in Chapter 32A, Article 3B NMSA 1978, "family in need of court-ordered services" means the child or the family has refused family services or the department has exhausted appropriate and available family services and court intervention is necessary to provide family services to the child or family and it is a family:A. whose child, subject to compulsory school attendance, is absent from school without an authorized excuse more than ten days during a school year;B. whose child is absent from the child's place of residence for a time period of twelve hours or more without consent of the child's parent, guardian or custodian;C. whose child refuses to return home and there is good cause to believe that the child will run away from home if forced to return to the parent, guardian or custodian; D. in which the child's parent, guardian or custodian refuses to allow the child to return home and a petition alleging neglect of the child is not in the child's best interests; orE. whose child is:(1) alleged to be engaged in an act that would be designated as prostitution if committed by an adult; or(2) a victim of human trafficking as defined in Section 30-52-1 NMSA 1978. History: 1978 Comp., § 32A-3B-2, enacted by Laws 1993, ch. 77, § 74; 2007, ch. 185, § 1; 2009, ch. 193, § 5; 2019, ch. 101, § 2. ANNOTATIONSCross references. — For assistance of law enforcement in locating a runaway, see 32A-1-21 NMSA 1978. The 2019 amendment, effective June 14, 2019, revised the definition of "family in need of court-ordered services" to include a family whose child is alleged to be engaged in prostitution or is a victim of human trafficking; and added Subsection E.The 2009 amendment, effective June 19, 2009, in Subsection A, after "during a school", changed "semester" to "year". The 2007 amendment, effective June 15, 2007, reduced the time period in Subsection B from 24 to 12 hours.
NM Stat § 32A-3B-3 (2021)
2021 New Mexico Statutes|Chapter 32A - Children's Code|Article 3B - Families in Need of Court-Ordered Services|Section 32A-3B-3 - Protective custody; interference with protective custody; penalty.

A. A child may be taken into protective custody by a law enforcement officer without a court order when the officer has reasonable grounds to believe that the child:(1) has run away from the child's parent, guardian or custodian; (2) without parental supervision is suffering from illness or injury;(3) has been abandoned; (4) is endangered by the child's surroundings and removal from those surroundings is necessary to ensure the child's safety;(5) is engaged in an act that would be designated as prostitution if committed by an adult; or(6) is a victim of human trafficking as defined in Section 30-52-1 NMSA 1978.B. A child may be taken into protective custody pursuant to a court order issued after an agency legally charged with the supervision of the child has notified a law enforcement agency that the child has run away from a placement.C. When a child is taken into protective custody, the department shall make a reasonable effort to determine whether the child is an Indian child.D. Any person, other than the child taken into protective custody, who interferes with placing the child in protective custody is guilty of a petty misdemeanor and shall be sentenced pursuant to the provisions of Section 31-19-1 NMSA 1978. History: 1978 Comp., § 32A-3B-3, enacted by Laws 1993, ch. 77, § 75; 2019, ch. 101, § 3. ANNOTATIONSThe 2019 amendment, effective June 14, 2019, authorized a child to be taken into protective custody by a law enforcement officer without a court order when the officer has reasonable grounds to believe that the child is engaged in prostitution or is a victim of human trafficking; and in Subsection A, added Paragraphs A(5) and A(6).
NM Stat § 32A-3B-4 (2021)
2021 New Mexico Statutes|Chapter 32A - Children's Code|Article 3B - Families in Need of Court-Ordered Services|Section 32A-3B-4 - Protective custody; restrictions; time limitations.

A. A law enforcement officer who takes a child into protective custody shall, with all reasonable speed:(1) inform the child of the reasons for the protective custody; and(2) contact the department.B. When the department is contacted by a law enforcement officer who has taken a child into protective custody, the department shall refer the child to community based services and may:(1) accept custody of the child and designate an appropriate placement in the community for the child; or(2) return the child to the child's parent, guardian or custodian if the child's safety is assured.C. A child taken into protective custody shall not be placed in or transported in a law enforcement vehicle or any other vehicle that contains an adult placed under arrest, unless circumstances exist in which any delay in transporting the child to an appropriate facility would be likely to result in substantial danger to the child's physical safety. When such circumstances exist, the circumstances shall be described in writing by the driver of the vehicle and submitted to the driver's supervisor within two days after the driver transported the child.D. A child taken into protective custody shall not be held involuntarily for more than two days, unless a petition to extend the custody is filed pursuant to the provisions of the Family in Need of Court-Ordered Services Act or the Abuse and Neglect Act.E. When a petition is filed or any time thereafter, the children's court or district court may issue an ex-parte custody order based upon a sworn written statement of facts showing that probable cause exists to believe that protective custody of the child is necessary.F. The protective custody order shall be served on the respondent by a person authorized to serve arrest warrants and shall direct the law enforcement officer to take custody of the child and deliver the child to a place designated by the court.G. The Rules of Evidence do not apply to the issuance of an ex-parte custody order. History: 1978 Comp., § 32A-3B-4, enacted by Laws 1993, ch. 77, § 76; 2005, ch. 189, § 30; 2019, ch. 101, § 4. ANNOTATIONSCross references. — For the applicability of the Rules of Evidence, see Rule 11-1101 NMRA. The 2019 amendment, effective June 14, 2019, required the children, youth and families department, when contacted by a law enforcement officer who has taken a child into protective custody, to refer the child to community based services, and made certain technical changes; and in Subsection B, added "shall refer the child to community based services and", and in Paragraph B(1), deleted "facility in which to place" and added "placement in the community for".The 2005 amendment, effective June 17, 2005, changed "forty-eight hours" to "two days" in Subsections C and D.