reglab/housing_qa huggingface dataset:
NM Stat § 32A-6-17 (2021)
2021 New Mexico Statutes|Chapter 32A - Children's Code|Article 6 - Children's Mental Health and Developmental Disabilities (Repealed.)|Section 32A-6-17 - Repealed.

History: Laws 1995, ch. 207, § 19; repealed by Laws 2007, ch. 162, § 31.ANNOTATIONSRepeals. — Laws 2007, ch. 162, § 31 repealed 32A-6-17 NMSA 1978, as enacted by Laws 1995, ch. 207, § 19, effective June 15, 2007. For provisions of former section, see the 2006 NMSA 1978 on NMOneSource.com.
NM Stat § 32A-6-18 (2021)
2021 New Mexico Statutes|Chapter 32A - Children's Code|Article 6 - Children's Mental Health and Developmental Disabilities (Repealed.)|Section 32A-6-18 - Repealed.

History: Laws 1995, ch. 207, § 20; repealed by Laws 2007, ch. 162, § 31.ANNOTATIONSRepeals. — Laws 2007, ch. 162, § 31 repealed 32A-6-18 NMSA 1978, as enacted by Laws 1995, ch. 207, § 20, effective June 15, 2007. For provisions of former section, see the 2006 NMSA 1978 on NMOneSource.com.
NM Stat § 32A-6-19 (2021)
2021 New Mexico Statutes|Chapter 32A - Children's Code|Article 6 - Children's Mental Health and Developmental Disabilities (Repealed.)|Section 32A-6-19 - Repealed.

History: Laws 1995, ch. 207, § 21; repealed by Laws 2007, ch. 162, § 31.ANNOTATIONSRepeals. — Laws 2007, ch. 162, § 31 repealed 32A-6-19 NMSA 1978, as enacted by Laws 1995, ch. 207, § 21, effective June 15, 2007. For provisions of former section, see the 2006 NMSA 1978 on NMOneSource.com.
NM Stat § 32A-6-20 (2021)
2021 New Mexico Statutes|Chapter 32A - Children's Code|Article 6 - Children's Mental Health and Developmental Disabilities (Repealed.)|Section 32A-6-20 - Repealed.

History: Laws 1995, ch. 207, § 22; repealed by Laws 2007, ch. 162, § 31.ANNOTATIONSRepeals. — Laws 2007, ch. 162, § 31 repealed 32A-6-20 NMSA 1978, as enacted by Laws 1995, ch. 207, § 22, effective June 15, 2007. For provisions of former section, see the 2006 NMSA 1978 on NMOneSource.com.
NM Stat § 32A-6-21 (2021)
2021 New Mexico Statutes|Chapter 32A - Children's Code|Article 6 - Children's Mental Health and Developmental Disabilities (Repealed.)|Section 32A-6-21 - Repealed.

History: Laws 1995, ch. 207, § 23; repealed by Laws 2007, ch. 162, § 31.ANNOTATIONSRepeals. — Laws 2007, ch. 162, § 31 repealed 32A-6-21 NMSA 1978, as enacted by Laws 1995, ch. 207, § 23, effective June 15, 2007. For provisions of former section, see the 2006 NMSA 1978 on NMOneSource.com.
NM Stat § 32A-6-22 (2021)
2021 New Mexico Statutes|Chapter 32A - Children's Code|Article 6 - Children's Mental Health and Developmental Disabilities (Repealed.)|Section 32A-6-22 - Repealed.

History: Laws 1995, ch. 207, § 24; repealed by Laws 2007, ch. 162, § 31.ANNOTATIONSRepeals. — Laws 2007, ch. 162, § 31 repealed 32A-6-22 NMSA 1978, as enacted by Laws 1995, ch. 207, § 24, effective June 15, 2007. For provisions of former section, see the 2006 NMSA 1978 on NMOneSource.com.
NM Stat § 32A-6A-1 (2021)
2021 New Mexico Statutes|Chapter 32A - Children's Code|Article 6A - Children's Mental Health and Developmental Disabilities|Section 32A-6A-1 - Short title.

This act [32A-6A-1 to 32A-6A-30 NMSA 1978] may be cited as the "Children's Mental Health and Developmental Disabilities Act". History: Laws 2007, ch. 162, § 1. ANNOTATIONSCross references. — For Adult Mental Health and Developmental Disabilities Code, see 43-1-2 NMSA 1978. For provisions of the 1995 Children's Mental Health and Developmental Disabilities Act, see the 2006 NMSA 1978 (32A-6-1) on NMOneSource.com. Effective dates. — Laws 2007, ch. 162 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 15, 2007, 90 days after the adjournment of the legislature. Law reviews. — For article, "Treating Children Under the New Mexico Mental Health and Developmental Disabilities Code," see 10 N.M.L. Rev. 279 (1980). For article, "Child Welfare Under the Indian Child Welfare Act of 1978: A New Mexico Focus," see 10 N.M.L. Rev. 413 (1980). For article, "Habeas Corpus in New Mexico," see 11 N.M.L. Rev. 291 (1981).
NM Stat § 32A-6A-2 (2021)
2021 New Mexico Statutes|Chapter 32A - Children's Code|Article 6A - Children's Mental Health and Developmental Disabilities|Section 32A-6A-2 - Purposes.

The purposes of the Children's Mental Health and Developmental Disabilities Act are to: A. provide children with access to appropriate assessments, services and treatment; B. provide children access to a continuum of services to address their habilitation and treatment needs; C. provide children with access to services for identification, prevention and intervention for developmental and mental health needs; D. promote delivery of services in a culturally appropriate, responsive and respectful manner; E. protect the substantive and procedural rights of children regardless of service setting; and F. encourage support for family as critical members of the treatment or habilitation team whenever clinically appropriate. History: Laws 2007, ch. 162, § 2. ANNOTATIONSEffective dates. — Laws 2007, ch. 162 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 15, 2007, 90 days after the adjournment of the legislature.
NM Stat § 32A-6A-3 (2021)
2021 New Mexico Statutes|Chapter 32A - Children's Code|Article 6A - Children's Mental Health and Developmental Disabilities|Section 32A-6A-3 - Scope.

The provisions of the Children's Mental Health and Developmental Disabilities Act shall apply to all children in New Mexico except as otherwise set forth in the Children's Code. History: Laws 2007, ch. 162, § 3. ANNOTATIONSEffective dates. — Laws 2007, ch. 162 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 15, 2007, 90 days after the adjournment of the legislature.
NM Stat § 32A-6A-5 (2021)
2021 New Mexico Statutes|Chapter 32A - Children's Code|Article 6A - Children's Mental Health and Developmental Disabilities|Section 32A-6A-5 - Competence.

The fact that a child has received treatment or habilitation services or has been accepted at or admitted to a hospital or institutional facility shall not constitute a sufficient basis for a finding of incompetence or the denial of a right or benefit of any nature that the child would otherwise have. History: Laws 2007, ch. 162, § 5. ANNOTATIONSCross references. — For competence applicable to the Adult Mental Health and Developmental Disabilities Code, see 43-1-5 NMSA 1978. For provisions of the 1995 Children's Mental Health and Developmental Disabilities Act, relating to legal representation of children, see the 2006 NMSA 1978 (32A-6-4) on NMOneSource.com. Effective dates. — Laws 2007, ch. 162 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 15, 2007, 90 days after the adjournment of the legislature.
NM Stat § 32A-6A-6 (2021)
2021 New Mexico Statutes|Chapter 32A - Children's Code|Article 6A - Children's Mental Health and Developmental Disabilities|Section 32A-6A-6 - Rights related to treatment and habilitation; scope.

The rights set forth in the Children's Mental Health and Developmental Disabilities Act shall apply to a child who is physically present and receiving treatment or habilitation services in New Mexico. A child who receives treatment or habilitation services shall have rights with respect to such treatment or habilitation, regardless of where services are provided. History: Laws 2007, ch. 162, § 6. ANNOTATIONSCross references. — For right to treatment applicable to the Adult Mental Health and Developmental Disabilities Code, see 43-1-7 NMSA 1978. For right to habilitation applicable to the Adult Mental Health and Developmental Disabilities Code, see 43-1-8 NMSA 1978. For provisions of the 1995 Children's Mental Health and Developmental Disabilities Act, relating to treatment and habilitation, see the 2006 NMSA 1978 (32A-6-8 and 32A-6-9) on NMOneSource.com. Effective dates. — Laws 2007, ch. 162 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 15, 2007, 90 days after the adjournment of the legislature.
NM Stat § 32A-6A-8 (2021)
2021 New Mexico Statutes|Chapter 32A - Children's Code|Article 6A - Children's Mental Health and Developmental Disabilities|Section 32A-6A-8 - Special rules applicable to aversive intervention.

A. An intervention expressly listed in the "aversive intervention" definition in Section 4 [32A-6A-4 NMSA 1978] of the Children's Mental Health and Developmental Disabilities Act is prohibited. B. A treatment plan containing an aversive intervention not specifically listed in Section 4 of the Children's Mental Health and Developmental Disabilities Act shall be submitted to the human rights committee of the department of health in advance of a meeting, except in emergency situations. The human rights committee shall review the plan along with the following additional information as available: (1) baseline or base rate data; (2) review of the child's current situation and environment; (3) the child's history, including previous interventions and results; (4) the possible adverse effects, if any, of the proposed treatment plan; (5) success and failure criteria for discontinuing the proposed aversive intervention; and (6) a written evaluation by the clinician proposing the treatment plan or the intervention. C. The human rights committee of the department of health shall not approve an intervention specifically listed in the definition of "aversive intervention" in Section 4 of the Children's Mental Health and Developmental Disabilities Act. D. An invitation to participate in the review shall be extended to the child, the child's legal custodian, the clinician and any other mental health or developmental disability professional who has proposed the treatment. A written or oral presentation shall be made to the human rights commission by the mental health or developmental disability professional proposing the treatment. E. The results of the human rights committee of the department of health review shall be reported to the clinician, the child and the child's legal custodian within three working days. F. The department shall work in collaboration with the department of health to promulgate rules for implementing a human rights committee pursuant to this section. History: Laws 2007, ch. 162, § 8. ANNOTATIONSEffective dates. — Laws 2007, ch. 162, contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 15, 2007, 90 days after the adjournment of the legislature.
NM Stat § 32A-6A-9 (2021)
2021 New Mexico Statutes|Chapter 32A - Children's Code|Article 6A - Children's Mental Health and Developmental Disabilities|Section 32A-6A-9 - Restraint, generally.

A. Nothing in this section shall be interpreted to diminish the rights and protections accorded to children in hospitals or psychiatric residential treatment or habilitation facilities as provided by federal law and regulation. B. Restraint and seclusion as provided for in this section is not considered treatment. It is an emergency intervention to be used only until the emergency ceases. C. Nothing in this section shall prohibit the use of: (1) mechanical supports or protective devices; (2) a medical restraint prescribed by a physician or dentist as a health-related protective measure during the conduct of a specific medical, surgical or dental procedure; and (3) holding a child for a very short period of time without undue force to calm or comfort the child or holding a child's hand to escort the child safely from one area to another. History: Laws 2007, ch. 162, § 9; 2008, ch. 75, § 2. ANNOTATIONSThe 2008 amendment, effective May 14, 2008, added Subsections A and B and Paragraphs (1) and (3) of Subsection C.
NM Stat § 32A-6A-11 (2021)
2021 New Mexico Statutes|Chapter 32A - Children's Code|Article 6A - Children's Mental Health and Developmental Disabilities|Section 32A-6A-11 - Training required for a professional who uses restraint or seclusion.

A mental health or developmental disabilities professional who administers restraint or seclusion shall receive training in current professionally accepted practices and standards regarding: A. positive behavior interventions strategies and supports; B. functional behavior assessment and behavior intervention planning; C. prevention of self-injurious behaviors; D. methods for identifying and defusing potentially dangerous behavior; and E. restraint and seclusion, to the extent that each may be used in the treatment setting. History: Laws 2007, ch. 162, § 11. ANNOTATIONSEffective dates. — Laws 2007, ch. 162 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 15, 2007, 90 days after the adjournment of the legislature.
NM Stat § 32A-6A-14 (2021)
2021 New Mexico Statutes|Chapter 32A - Children's Code|Article 6A - Children's Mental Health and Developmental Disabilities|Section 32A-6A-14 - Consent for services; children under fourteen years of age.

A. Except as provided in Subsection B of this section, the informed consent of a child's legal custodian shall be required before treatment or habilitation, including psychotherapy or psychotropic medications, is administered to a child under fourteen years of age. B. A child under fourteen years of age may initiate and consent to an initial assessment with a clinician and for medically necessary early intervention service limited to verbal therapy as set forth in this section. The purpose of the initial assessment is to allow a clinician to interview the child and determine what, if any, action needs to be taken to ensure appropriate mental health or habilitation services are provided to the child. The clinician may conduct an initial assessment and provide medically necessary early intervention service limited to verbal therapy with or without the consent of the legal custodian if such service will not extend beyond two calendar weeks. If, at any time, the clinician has a reasonable suspicion that the child is an abused or neglected child, the clinician shall immediately make a child abuse and neglect report. History: Laws 2007, ch. 162, § 14. ANNOTATIONSCross references. — For provisions of the 1995 Children's Mental Health and Developmental Disabilities Act, relating to right to education, see the 2006 NMSA 1978 (32A-6-7) on NMOneSource.com. Effective dates. — Laws 2007, ch. 162 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 15, 2007, 90 days after the adjournment of the legislature. Educational services. — Public schools have no constitutional or statutory obligation to provide educational services to students within private, for-profit adolescent psychiatric care and substance abuse treatment centers, but if the student is handicapped, federal law may require such education. 1988 Op. Att'y Gen. No. 88-10. Law reviews. — For article, "Treating Children Under the New Mexico Mental Health and Developmental Disabilities Code," see 10 N.M.L. Rev. 279 (1980).
NM Stat § 32A-6A-15 (2021)
2021 New Mexico Statutes|Chapter 32A - Children's Code|Article 6A - Children's Mental Health and Developmental Disabilities|Section 32A-6A-15 - Consent for services; children fourteen years of age or older.

A. A child fourteen years of age or older is presumed to have capacity to consent to treatment without consent of the child's legal custodian, including consent for individual psychotherapy, group psychotherapy, guidance counseling, case management, behavioral therapy, family therapy, counseling, substance abuse treatment or other forms of verbal treatment that do not include aversive interventions. Nothing in this section shall be interpreted to provide a child fourteen years of age or older with independent consent rights for the purposes of the provision of special education and related services as set forth in federal law. B. Psychotropic medications may be administered to a child fourteen years of age or older with the informed consent of the child. When psychotropic medications are administered to a child fourteen years of age or older, the child's legal custodian shall be notified by the clinician. C. A clinician or other mental health and developmental disabilities professional shall promote the healthy involvement of a child's legal custodians and family members in developing and implementing the child's treatment plan, including appropriate participation in treatment for children fourteen years of age or older. However, nothing in this section shall limit the rights of a child fourteen years of age or older to consent to services and to consent to disclosure of mental health records. History: Laws 2007, ch. 162, § 15. ANNOTATIONSEffective dates. — Laws 2007, ch. 162 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 15, 2007, 90 days after the adjournment of the legislature.
NM Stat § 32A-6A-23 (2021)
2021 New Mexico Statutes|Chapter 32A - Children's Code|Article 6A - Children's Mental Health and Developmental Disabilities|Section 32A-6A-23 - Liability of persons providing treatment or habilitation services.

A. A person providing mental health and developmental disability services to a child and a treatment facility providing mental health and developmental disability services to a child shall not be liable if: (1) the child does not require detention, treatment or services; (2) the admission or treatment was made solely on the basis of misrepresentations by a child seeking treatment or habilitation services or by a child's legal custodian, provided the professional or the facility's staff acted in good faith; or (3) the admission was made solely on the basis of reliance upon a tribal court order, provided the mental health or developmental professional or the facility's staff acted in good faith. B. Nothing in the Children's Mental Health and Developmental Disabilities Act shall be construed to relieve any professional or facility from liability for negligence or intentional misconduct in the diagnosis, treatment or services provided to any child. C. Nothing in the Children's Mental Health and Developmental Disabilities Act shall be construed to relieve any professional or facility from a duty pursuant to reporting laws relating to the detection of child abuse. History: Laws 2007, ch. 162, § 23. ANNOTATIONSEffective dates. — Laws 2007, ch. 162 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 15, 2007, 90 days after the adjournment of the legislature.
NM Stat § 32A-6A-25 (2021)
2021 New Mexico Statutes|Chapter 32A - Children's Code|Article 6A - Children's Mental Health and Developmental Disabilities|Section 32A-6A-25 - Special commissioner.

A court may conduct the proceedings required by the Children's Mental Health and Developmental Disabilities Act or may, by general or special order, appoint a special commissioner to do so. The special commissioner shall be a licensed attorney. Upon conclusion of the hearing, the special commissioner shall file findings and recommendations with the court promptly. History: Laws 2007, ch. 162, § 25. ANNOTATIONSEffective dates. — Laws 2007, ch. 162 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 15, 2007, 90 days after the adjournment of the legislature.
NM Stat § 32A-6A-26 (2021)
2021 New Mexico Statutes|Chapter 32A - Children's Code|Article 6A - Children's Mental Health and Developmental Disabilities|Section 32A-6A-26 - Transportation.

When a child is to be placed in a residential treatment or habilitation program or to be returned to the program during placement, the court ordering the placement or authorizing the return of the child may direct the sheriff, the New Mexico state police or other appropriate persons to furnish suitable transportation in order to effect the placement or return by contacting the department for directions as to the destination of the child. History: Laws 2007, ch. 162, § 26. ANNOTATIONSCross references. — For transportation applicable to the Adult Mental Health and Developmental Disabilities Code, see 43-1-22 NMSA 1978. For provisions of the 1995 Children's Mental Health and Developmental Disabilities Act, relating to transportation, see the 2006 NMSA 1978 (32A-6-18) on NMOneSource.com. Effective dates. — Laws 2007, ch. 162 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 15, 2007, 90 days after the adjournment of the legislature.
NM Stat § 32A-6A-27 (2021)
2021 New Mexico Statutes|Chapter 32A - Children's Code|Article 6A - Children's Mental Health and Developmental Disabilities|Section 32A-6A-27 - Violation of a child's rights.

A child who believes that rights established by the Children's Mental Health and Developmental Disabilities Act or by the constitution of the United States or the constitution of New Mexico have been violated shall have a right to petition the court for redress. The child shall be represented by counsel. The court shall grant relief as is appropriate, subject to the provisions of the Tort Claims Act [41-4-1 to 41-4-27 NMSA 1978]. History: Laws 2007, ch. 162, § 27. ANNOTATIONSCross references. — For violation of clients' rights applicable to the Adult Mental Health and Developmental Disabilities Code, see 43-1-23 NMSA 1978. For provisions of the 1995 "Children's Mental Health and Developmental Disabilities Act, relating to violation of children's rights, see the 2006 NMSA 1978 (32A-6-19) on NMOneSource.com. Effective dates. — Laws 2007, ch. 162 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 15, 2007, 90 days after the adjournment of the legislature.
NM Stat § 32A-6A-28 (2021)
2021 New Mexico Statutes|Chapter 32A - Children's Code|Article 6A - Children's Mental Health and Developmental Disabilities|Section 32A-6A-28 - Cost of care.

An indigent child may receive care and treatment at a state-operated facility without charge. The governing authorities of the facility may require payment for the cost of care and treatment from others pursuant to established fee schedules based on ability to pay. History: Laws 2007, ch. 162, § 28. ANNOTATIONSCross references. — For cost of care applicable to the Adult Mental Health and Developmental Disabilities Code, see 43-1-25 NMSA 1978. For provisions of the 1995 Children's Mental Health and Developmental Disabilities Act, relating to cost of care, see the , 2006 NMSA 1978 (32A-6-20) on NMOneSource.com. Effective dates. — Laws 2007, ch. 162 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 15, 2007, 90 days after the adjournment of the legislature.