reglab/housing_qa huggingface dataset:
NM Stat § 31-29-10 (2021)
2021 New Mexico Statutes|Chapter 31 - Criminal Procedure|Article 29 - Uniform Collateral Consequences of Conviction|Section 31-29-10 - Order of limited relief. (Effective January 1, 2022.)

A. An individual convicted of an offense may petition for an order of limited relief from one or more collateral sanctions related to employment, education, housing, public benefits or occupational licensing. The petition shall be presented to the sentencing court before sentencing.B. Except as otherwise provided in Section 11 [31-29-11 NMSA 1978] of the Uniform Collateral Consequences of Conviction Act, the court may issue an order of limited relief relieving one or more of the collateral sanctions described in Subsection A of this section only if, after reviewing the petition, the individual's criminal history, any filing by a victim pursuant to Section 14 [31-29-14 NMSA 1978] of the Uniform Collateral Consequences of Conviction Act or a prosecutor and any other relevant evidence, the court finds the individual has established by a preponderance of the evidence that:(1) granting the petition will materially assist the individual in obtaining or maintaining employment, education, housing, public benefits or occupational licensing;(2) the individual has substantial need for the relief requested in order to live a law-abiding life; and (3) granting the petition would not pose an unreasonable risk to the safety or welfare of the public or any individual.C. An order of limited relief may be issued as a part of sentencing. The order of limited relief shall specify:(1) the collateral sanction from which relief is granted; and(2) any restriction imposed pursuant to Subsection A of Section 12 [31-29-12 NMSA 1978] of the Uniform Collateral Consequences of Conviction Act.D. An order of limited relief relieves a collateral sanction to the extent provided in the order. E. If a collateral sanction has been relieved pursuant to this section, a decision-maker may consider the conduct underlying a conviction as provided in Section 8 [31-29-8 NMSA 1978] of the Uniform Collateral Consequences of Conviction Act.History: Laws 2021, ch. 58, § 10. ANNOTATIONSEffective dates. — Laws 2021, ch. 58, § 17 made Laws 2021, ch. 58, § 10 effective January 1, 2022.
NM Stat § 31-29-11 (2021)
2021 New Mexico Statutes|Chapter 31 - Criminal Procedure|Article 29 - Uniform Collateral Consequences of Conviction|Section 31-29-11 - Collateral sanctions not subject to order of limited relief. (Effective January 1, 2022.)

An order of limited relief shall not be issued to relieve the following collateral sanctions: A. requirements imposed by the Sex Offender Registration and Notification Act; B. a motor vehicle license suspension, revocation, limitation or ineligibility pursuant to the Motor Vehicle Code [66-1-1 NMSA 1978], for which restoration or relief is available pursuant to law other than the Uniform Collateral Consequences of Conviction Act;C. ineligibility for certification as a law enforcement officer pursuant to the Law Enforcement Training Act [Chapter 29, Article 7 NMSA 1978] or for employment as a correctional officer pursuant to the Corrections Act [33-1-1 tO 33-1-9 NMSA 1978]; orD. prohibitions imposed pursuant to Section 30-7-16 NMSA 1978 making it unlawful for felons to receive, transport or possess a firearm or destructive device while in this state.History: Laws 2021, ch. 58, § 11. ANNOTATIONSEffective dates. — Laws 2021, ch. 58, § 17 made Laws 2021, ch. 58, § 11 effective January 1, 2022.
NM Stat § 31-29-12 (2021)
2021 New Mexico Statutes|Chapter 31 - Criminal Procedure|Article 29 - Uniform Collateral Consequences of Conviction|Section 31-29-12 - Issuance of order of limited relief. (Effective January 1, 2022.)

A. The prosecutor shall be notified of a request for an order of limited relief. The court may issue an order of limited relief subject to restriction, condition or additional requirement.B. The court shall order any test, report, investigation or disclosure by the individual it reasonably believes necessary to its decision to issue an order of limited relief. If there are disputed issues of material fact or law, the individual and any prosecutor notified pursuant to Subsection A of this section or another prosecutorial agency designated by a prosecutor notified pursuant to Subsection A of this section may submit evidence and be heard on those issues. History: Laws 2021, ch. 58, § 12. ANNOTATIONSEffective dates. — Laws 2021, ch. 58, § 17 made Laws 2021, ch. 58, § 12 effective January 1, 2022.
NM Stat § 31-29-13 (2021)
2021 New Mexico Statutes|Chapter 31 - Criminal Procedure|Article 29 - Uniform Collateral Consequences of Conviction|Section 31-29-13 - Reliance on order as evidence of due care. (Effective January 1, 2022.)

In a judicial or administrative proceeding alleging negligence or other fault, an order of limited relief may be introduced as evidence of a person's due care in hiring, retaining, licensing, leasing to, admitting to a school or program or otherwise transacting business or engaging in activity with the individual to whom the order was issued if the person knew of the order at the time of the alleged negligence or other fault.History: Laws 2021, ch. 58, § 13. ANNOTATIONSEffective dates. — Laws 2021, ch. 58, § 17 made Laws 2021, ch. 58, § 13 effective January 1, 2022.
NM Stat § 31-29-14 (2021)
2021 New Mexico Statutes|Chapter 31 - Criminal Procedure|Article 29 - Uniform Collateral Consequences of Conviction|Section 31-29-14 - Victim's rights. (Effective January 1, 2022.)

A victim of an offense may participate in a proceeding for issuance of an order of limited relief in the same manner as at a sentencing proceeding pursuant to the Victims of Crime Act [Chapter 31, Article 26 NMSA 1978].History: Laws 2021, ch. 58, § 14. ANNOTATIONSEffective dates. — Laws 2021, ch. 58, § 17 made Laws 2021, ch. 58, § 14 effective January 1, 2022.
NM Stat § 31-29-15 (2021)
2021 New Mexico Statutes|Chapter 31 - Criminal Procedure|Article 29 - Uniform Collateral Consequences of Conviction|Section 31-29-15 - Uniformity of application and construction. (Effective January 1, 2022.)

In applying and construing the Uniform Collateral Consequences of Conviction Act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.History: Laws 2021, ch. 58, § 15. ANNOTATIONSEffective dates. — Laws 2021, ch. 58, § 17 made Laws 2021, ch. 58, § 15 effective January 1, 2022.
NM Stat § 31-29-16 (2021)
2021 New Mexico Statutes|Chapter 31 - Criminal Procedure|Article 29 - Uniform Collateral Consequences of Conviction|Section 31-29-16 - Saving and transitional provisions. (Effective January 1, 2022.)

A. Except as provided in Subsection B of this section, the Uniform Collateral Consequences of Conviction Act applies to collateral consequences whenever enacted or imposed unless the law creating the collateral consequence expressly states that the Uniform Collateral Consequences of Conviction Act does not apply.B. The Uniform Collateral Consequences of Conviction Act does not apply to the imposition of a collateral sanction on an individual until the date that is six months after the collection of laws required pursuant to Section 4 [31-29-4 NMSA 1978] of the Uniform Collateral Consequences of Conviction Act is first available on the internet pursuant to Subsections C and D of Section 4 of that act, but a collateral sanction validly imposed before that date may be the subject of relief pursuant to that act.History: Laws 2021, ch. 58, § 16. ANNOTATIONSEffective dates. — Laws 2021, ch. 58, § 17 made Laws 2021, ch. 58, § 16 effective January 1, 2022.
NM Stat § 32A-1-2 (2021)
2021 New Mexico Statutes|Chapter 32A - Children's Code|Article 1 - General Provisions|Section 32A-1-2 - Short title; scope.

A. Chapter 32 [32A], Article 1 NMSA 1978 may be cited as the "Children's Code General Provisions Act". B. The provisions of the Children's Code General Provisions Act apply to Chapter 32 [32A] NMSA 1978: (1) unless the context otherwise requires; and (2) subject to additional definitions contained in Chapter 32 [32A], Articles 2 through 6 NMSA 1978. History: 1978 Comp., § 32A-1-2, enacted by Laws 1993, ch. 77, § 11.
NM Stat § 32A-1-7.1 (2021)
2021 New Mexico Statutes|Chapter 32A - Children's Code|Article 1 - General Provisions|Section 32A-1-7.1 - Child's attorney; powers and duties.

A. An attorney shall represent a child in a proceeding for which the attorney has been retained or appointed. The attorney shall provide the same manner of legal representation and be bound by the same duties to the child as is due an adult client, in accordance with the rules of professional conduct. B. Unless excused by a court, an attorney appointed to represent a child shall represent the child in any subsequent appeals. C. An attorney representing a child in a proceeding pursuant to the Abuse and Neglect Act [Chapter 32A, Article 4 NMSA 1978] may retain separate counsel to represent the child in a tort action on a contingency fee basis or any other cause of action in proceedings that are outside the jurisdiction of the children's court. When a child's attorney retains separate counsel to represent the child, the attorney shall provide the court with written notice within ten days of retaining the separate counsel. The child's attorney shall not retain or subsequently obtain any pecuniary interest in an action filed on behalf of the child outside of the jurisdiction of the children's court. History: Laws 2005, ch. 189, § 10. ANNOTATIONSEffective dates. — Laws 2005, ch. 189 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 17, 2005, 90 days after adjournment of the legislature. Law reviews. — For note and comment, "Attorneys for Children in Abuse and Neglect Proceedings: Implications for Professional Ethics and Pending Cases", see 36 N.M. L. Rev. 533 (2006).
NM Stat § 32A-1-10 (2021)
2021 New Mexico Statutes|Chapter 32A - Children's Code|Article 1 - General Provisions|Section 32A-1-10 - Petition; who may sign.

A. A petition initiating proceedings pursuant to the provisions of Chapter 32 [32A], Article 2, 3B, 4 or 6 NMSA 1978 shall be signed by the children's court attorney. B. An affidavit for an ex-parte custody order may be signed by any person who has knowledge of the facts alleged or is informed of them and believes that they are true. History: 1978 Comp., § 32A-1-10, enacted by Laws 1993, ch. 77, § 19. ANNOTATIONSDecisions under prior law. — In light of the similarity of the provisions, annotations decided under former 32-1-18 NMSA 1978 have been included in the annotations to this section. Petition held insufficient. — The district court erred in applying the provisions of the Probate Code to appellees' application for guardianship and in adjudicating the child to be neglected under procedural provisions outside the provisions of the Children's Code, because the petition alleging neglect, seeking removal of the child from the mother's custody and the appointment of guardians did not comply with the provisions of former Sections 32-1-17 and 32-1-18 NMSA 1978 (now Sections 32A-2-8 and 32A-1-10 NMSA 1978). In re Guardianship of Lupe C., 1991-NMCA-050, 112 N.M. 116, 812 P.2d 365.
NM Stat § 32A-1-11 (2021)
2021 New Mexico Statutes|Chapter 32A - Children's Code|Article 1 - General Provisions|Section 32A-1-11 - Petition; form and content.

A petition initiating proceedings pursuant to the provisions of Chapter 32A, Article 2, 3B, 4 or 6 NMSA 1978 shall be entitled, "In the Matter of ............, a child", and shall set forth with specificity: A. the facts necessary to invoke the jurisdiction of the court; B. if violation of a criminal statute or other law or ordinance is alleged, the citation to the appropriate law; C. the name, birth date and residence address of the child; D. the name and residence address of the parents, guardian, custodian or spouse, if any, of the child; and if no parent, guardian, custodian or spouse, if any, resides or can be found within the state or if a residence address is unknown, the name of any known adult relative residing within the state or, if there be none, the known adult relative residing nearest to the court; E. whether the child is in custody or detention pursuant to the Delinquency Act [Chapter 32A, Article 2 NMSA 1978] and, if so, the place of custody or detention and the time the child was taken into custody; F. whether the child is an Indian child; and G. if any of the matters required to be set forth by this section are not known, a statement of those matters and the fact that they are not known. History: 1978 Comp., § 32A-1-11, enacted by Laws 1993, ch. 77, § 20; 2005, ch. 189, § 6. ANNOTATIONSCross references. — For the Supreme Court approved form, see Children's Court Rule 10-101 NMRA. The 2005 amendment, effective June 17, 2005, provided in Subsection E that a petition shall set forth whether the child is in custody or detention pursuant to the Delinquency Act and the place of custody or detention. Decisions under prior law. — In light of the similarity of the provisions, annotations decided under former Section 32-1-19 NMSA 1978 have been included in the annotations to this section. Neglect proceeding without final judgment does not bar termination proceeding. — Since neglect proceedings do not result in a final judgment on the merits, the department is not barred under the "judgments" rule from later bringing termination proceedings. In re Doe, 1982-NMCA-115, 98 N.M. 442, 649 P.2d 510, overruled by State v. Roper, 1996-NMSA-073, 122 N.M. 126, 921 P.2d 322. Petition held insufficient. — Petition alleging that child had committed a delinquent act but not alleging that the child was in need of care or rehabilitation was insufficient to confer jurisdiction upon the children's court, since delinquency requires a showing that both elements exist. In re Doe, 1975-NMCA-002, 87 N.M. 170, 531 P.2d 218 (decided under prior law). Law reviews. — For comment, "The Freedom of the Press vs. The Confidentiality Provisions in the New Mexico Children's Code," see 4 N.M.L. Rev. 119 (1973). Am. Jur. 2d, A.L.R. and C.J.S. references. — 47 Am. Jur. 2d Juvenile Courts and Delinquent and Dependent Children § 36 et seq. 43 C.J.S. Infants §§ 93, 99.
NM Stat § 32A-1-12 (2021)
2021 New Mexico Statutes|Chapter 32A - Children's Code|Article 1 - General Provisions|Section 32A-1-12 - Summons; issuance and content; waiver of service.

A. After a petition has been filed, summonses shall be issued and served pursuant to children's court rule. B. The summons shall require the persons to whom directed to appear personally before the court at the time fixed by the summons to answer the allegations of the petition. The summons shall advise the parties of their right to counsel under the Children's Code and shall have attached to it a copy of the petition. C. The court may endorse upon the summons an order directing the parent, guardian, custodian or other person having the physical custody or control of the child to bring the child to the hearing. D. If it appears from any sworn statement presented to the court that the child needs to be placed in detention, the judge may endorse on the summons an order that an officer serving the summons shall at once take the child into custody and take the child to the place of detention designated by the court, subject, however, to all of the provisions of the Children's Code relating to detention criteria and post-detention proceedings and the rights of the child in regard thereto. E. A party other than the child may waive service of summons by written stipulation or by voluntary appearance at the hearing. If the child is present at the hearing, the child's counsel, with the consent of the parent, guardian or custodian, may waive service of summons in the child's behalf. History: 1978 Comp., § 32A-1-12, enacted by Laws 1993, ch. 77, § 21; 1995, ch. 206, § 6. ANNOTATIONSCross references. — For rule governing summons in the Children's Court, see Rule 10-103 NMRA. The 1995 amendment, effective July 1, 1995, in Subsection A, substituted "and served pursuant to children's court rule" for specific directions for proper service. Decisions under prior law. — In light of the similarity of the provisions, annotations decided under former Section 32-1-20 NMSA 1978 have been included in the annotations to this section. Age reference is to years of age, not mental age. — The numerous references to age in the Children's Code are references to years of age, not mental age. State v. Doe, 1982-NMCA-028, 97 N.M. 598, 642 P.2d 201, cert. denied, 98 N.M. 50, 644 P.2d 1039. Children's court attorney provides notice. — A fair implication from the Children's Code's structure and language, especially in light of the customary practice of law, is that the children's court attorney who files the petition bears the burden of providing notice to the parties. Martinez v. Mafchir, 35 F.3d 1486 (10th Cir. 1994). Law reviews. — For survey, "Children's Court Practice in Delinquency and Need of Supervision Cases Under the New Rules," see 6 N.M.L. Rev. 331 (1976). Am. Jur. 2d, A.L.R. and C.J.S. references. — 47 Am. Jur. 2d Juvenile Courts and Delinquent and Dependent Children § 36 et seq. 43 C.J.S. Infants §§ 93, 99.
NM Stat § 32A-1-13 (2021)
2021 New Mexico Statutes|Chapter 32A - Children's Code|Article 1 - General Provisions|Section 32A-1-13 - Summons; service.

A. If a party to be served with a summons can be found within the state, the summons shall be served upon the party as provided by the Rules of Civil Procedure for the District Courts at least forty-eight hours before the hearing, except that for a child party to an action pursuant to the Abuse and Neglect Act [Chapter 32A, Article 4 NMSA 1978], service shall be on the child's guardian ad litem or attorney and not personally pursuant to children's court rule. B. If a party to be served is within the state and cannot be found but the party's address is known, service of the summons may be made by mailing a copy of the summons to the party by certified mail at least fifteen days before the hearing. C. If after reasonable effort a party to be served cannot be found, or address ascertained, within or without the state, the court may order service of the summons by publication in accordance with the provisions of Rule 1-004 of the Rules of Civil Procedure for the District Courts, in which event the hearing shall not be less than five days after the date of last publication. D. The court may authorize the payment from court funds of the costs of service and of necessary travel expenses incurred by persons summoned or otherwise required to appear at the hearing. History: 1978 Comp., § 32A-1-13, enacted by Laws 1993, ch. 77, § 22; 1995, ch. 206, § 7; 2005, ch. 189, § 7. ANNOTATIONSCross references. — For process and service, see Rules 1-004 and 1-005 NMRA. For process and service in the Children's Court, see Rules 10-103 to 10-106 NMRA. The 2005 amendment, effective June 17, 2005, changed the statutory reference to the Abuse and Neglect Act and required service to be made on the child's guardian ad litem and attorney in Subsection A. The 1995 amendment, effective July 1, 1995, added the proviso at the end of Subsection A beginning "except that". Children's court attorney provides notice. — A fair implication from the Children's Code's structure and language, especially in light of the customary practice of law, is that the children's court attorney who files the petition bears the burden of providing notice to the parties. Martinez v. Mafchir, 35 F.3d 1486 (10th Cir. 1994). Law reviews. — For survey, "Children's Court Practice in Delinquency and Need of Supervision Cases Under the New Rules," see 6 N.M.L. Rev. 331 (1976). Am. Jur. 2d, A.L.R. and C.J.S. references. — Service of process, 90 A.L.R.2d 293.
NM Stat § 32A-1-14 (2021)
2021 New Mexico Statutes|Chapter 32A - Children's Code|Article 1 - General Provisions|Section 32A-1-14 - Notice to Indian tribes.

A. In a case involving a family in need of court-ordered services, if the child is an Indian child, the Indian child's tribe shall be notified when the petition is filed. The form of the notice shall comply with the provisions of the federal Indian Child Welfare Act of 1978.B. In abuse, neglect or adoption proceedings, if the child is an Indian child, the Indian child's tribe shall be notified. The form of the notice shall comply with the provisions of the federal Indian Child Welfare Act of 1978.C. In a delinquency proceeding, if the child is an Indian child, the Indian child's tribe shall be notified of the filing of the petition via certified mail. History: 1978 Comp., § 32A-1-14, enacted by Laws 1993, ch. 77, § 23; 2005, ch. 189, § 8; 2019, ch. 125, § 1. ANNOTATIONSCross references. — For the federal Indian Child Welfare Act of 1978, see 25 U.S.C. § 1901. The 2019 amendment, effective June 14, 2019, required that Native American tribes be given notice in delinquency proceedings concerning Native American minors; and added Subsection C.The 2005 amendment, effective June 17, 2005, changed "services" to "court-ordered services" in Subsection A.
NM Stat § 32A-1-15 (2021)
2021 New Mexico Statutes|Chapter 32A - Children's Code|Article 1 - General Provisions|Section 32A-1-15 - Release or delivery from custody.

In all cases begun pursuant to the provisions of the Children's Code, when a child is taken into custody, the child shall be released to the child's parent, guardian or custodian in accordance with the conditions and time limits set forth in the Children's Court Rules and Forms. History: 1978 Comp., § 32A-1-15, enacted by Laws 1993, ch. 77, § 24. ANNOTATIONSCross references. — For the Children's Court Rules, see Rule 10-101 NMRA et seq.
NM Stat § 32A-1-20 (2021)
2021 New Mexico Statutes|Chapter 32A - Children's Code|Article 1 - General Provisions|Section 32A-1-20 - Purchase of care from private agency by public agency.

A. When the legal custody of a child or the placement and care responsibility of an eligible adult is vested in a public agency, under the provisions of the Children's Code, the public agency may transfer physical custody of the child or the eligible adult to an appropriate private agency and may purchase care and treatment from the private agency if the private agency submits periodic reports to the public agency covering the care and treatment the child or eligible adult is receiving and the child's or eligible adult's responses to that care and treatment. These reports shall be made as frequently as the public agency deems necessary, but not less often than once each six months for each child or eligible adult. The private agency shall also afford an opportunity for a representative of the public agency to examine or consult with the child or eligible adult as frequently as the public agency deems necessary.B. As used in this section, "eligible adult" means an individual who meets the eligibility criteria for participation in the fostering connections program established pursuant to the Fostering Connections Act. History: 1978 Comp., § 32A-1-20, enacted by Laws 1993, ch. 77, § 29; 2019, ch. 149, § 12. ANNOTATIONSThe 2019 amendment, effective June 14, 2019, authorized a public agency, which has the care responsibility of an eligible adult, to purchase care and treatment for that eligible adult from a private agency; added new subsection designation "A."; in Subsection A, after "custody of a child", added "or the placement and care responsibility of an eligible adult", after "physical custody of the child", added "or the eligible adult", after "treatment the child", added "or eligible adult", after "and the child's", added "or eligible adult", after "six months for each child", added "or eligible adult", and after "consult with the child", added "or the eligible adult"; and added Subsection B.