reglab/housing_qa huggingface dataset:
NM Stat § 32A-3B-21 (2021)
2021 New Mexico Statutes|Chapter 32A - Children's Code|Article 3B - Families in Need of Court-Ordered Services|Section 32A-3B-21 - Expungement of records.

A. On motion by or on behalf of an individual who has been the subject of a petition filed under the Children's Code, or on the court's own motion, the court shall vacate its findings, orders and judgments on the petition, and order the legal and social files and records of the court, the department and any other agency in the case expunged, and if requested in the motion the court shall also order law enforcement files and records expunged. An order expunging records and files shall be entered if the court finds that: (1) two years have elapsed since the final release of the individual from legal custody and supervision or two years have elapsed since the entry of any other judgment not involving legal custody or supervision; and (2) the individual has not, within the two years immediately prior to filing the motion, been convicted of a felony or of a misdemeanor involving moral turpitude or found delinquent by a court, and no proceeding is pending seeking such a conviction or finding. B. Reasonable notice of the motion shall be given to: (1) the children's court attorney; (2) the authority granting the release if the final release was from an agency, parole or probation; (3) the law enforcement officer, department and central depository having custody of the law enforcement files and records if those records are included in the motion; and (4) any other agency having custody of records or files subject to the expungement order. C. Upon the entry of the expungement order, the proceedings in the case shall be treated as if they never occurred, and all index references shall be deleted and the court, law enforcement officers and departments and agencies shall reply, and the individual may reply, to an inquiry that no record exists with respect to such person. Copies of the expungement order shall be sent to each agency or official named in the order. D. Any finding of delinquency or conviction of a crime, subsequent to the expungement order may at the court's discretion be used by the court as a basis to set aside the expungement order. E. A person who has been the subject of a petition filed under the Children's Code shall be notified of the right to have records expunged. History: 1978 Comp., § 32A-3B-21, enacted by Laws 1993, ch. 77, § 93.
NM Stat § 32A-4-1 (2021)
2021 New Mexico Statutes|Chapter 32A - Children's Code|Article 4 - Child Abuse and Neglect|Section 32A-4-1 - Short title.

Chapter 32A, Article 4 NMSA 1978 may be cited as the "Abuse and Neglect Act". History: 1978 Comp., § 32A-4-1, enacted by Laws 1993, ch. 77, § 95; 2016, ch. 54, § 1. ANNOTATIONSCross references. — For provisions of Safe Haven for Infants Act, see 24-22-1 NMSA 1978 et seq. For abuse of a child, see 30-6-1 NMSA 1978. For the Kinship Guardianship Act, see 40-10B-1 NMSA 1978 et seq. The 2016 amendment, effective May 18, 2016, after "Chapter", deleted "32" and added "32A". Act not unconstitutionally vague. — Abuse and Neglect Act is not unconstitutionally vague. State ex rel. Children, Youth & Families Dept. v. Shawna C., 2005-NMCA-066, 137 N.M. 687, 114 P.3d 367. Double jeopardy. — The New Mexico constitution and double jeopardy statute, Section 30-1-10 NMSA 1978, do not prohibit the state from prosecuting defendants for child abuse because CYFD previously investigated defendants for child abuse and the tribal court previously held a custody hearing on the same issues. In the previous proceedings, the civil sanctions imposed on the defendant were remedial rather than punitive. State v. Diggs, 2009-NMCA-099, 147 N.M. 122, 217 P.3d 608, cert. denied, 2009-NMCERT-007, 147 N.M. 362, 223 P.3d 359. Because the statutory scheme of the Abuse and Neglect Act is unitary in nature, the process due at each stage should be evaluated in light of the process received throughout the proceedings. State ex rel. Children, Youth & Families Dep't. v. Maria C., 2004-NMCA-083, 136 N.M. 53, 94 P.3d 796. Parent has constitutional right to fair notice and opportunity to participate in all critical stages of abuse and neglect proceedings. State ex rel. Children, Youth & Families Dep't. v. Maria C., 2004-NMCA-083, 136 N.M. 53, 94 P.3d 796. District court has affirmative duty to ensure the parents' due process rights are protected from the initiation of abuse and neglect proceedings. State ex rel. Children, Youth & Families Dep't. v. Maria C., 2004-NMCA-083, 136 N.M. 53, 94 P.3d 796.
NM Stat § 32A-4-8 (2021)
2021 New Mexico Statutes|Chapter 32A - Children's Code|Article 4 - Child Abuse and Neglect|Section 32A-4-8 - Place of temporary custody.

A. Unless a child alleged to be neglected or abused is also alleged or adjudicated delinquent:(1) the child shall not be held in a jail or other facility intended or used for the incarceration of adults charged with criminal offenses or for the detention of children alleged to be delinquent children; and (2) there shall be a preference that the child be placed in the home of a relative of the child when a relative is available to provide foster care; provided that:(a) placement with a relative is in the best interest of the child;(b) the relative signs a sworn statement that the relative will not return the child to or allow unsupervised visits with the parent, guardian or custodian who is alleged to have committed the abuse or neglect, unless otherwise directed by the department or the court; and(c) within three days of accepting custody of the child, the relative completes an application form for licensure to operate a foster home pursuant to the Children's Code.B. The department shall make reasonable efforts to locate a relative of the child to provide foster care. If a relative is not available to provide foster care, the child may be placed in:(1) a licensed foster home or any home authorized under the law for the provision of foster care or group care or use as a protective residence;(2) a facility operated by a licensed child welfare services agency; or (3) a facility provided for in the Children's Shelter Care Act [32A-9-1 to 32A-9-7 NMSA 1978]. History: 1978 Comp., § 32A-4-8, enacted by Laws 1993, ch. 77, § 102; 2019, ch. 21, § 2.ANNOTATIONSThe 2019 amendment, effective June 14, 2019, established a preference that a child taken into temporary protective custody be placed with a relative of the child when a relative is available to provide foster care, required relatives providing foster care to initiate licensing procedures within three days of accepting custody of a child, and required the children, youth and families department to make reasonable efforts to locate a relative of the child to provide foster care; deleted former Subsection A and designated the formerly undesignated introductory clause as Subsection A; in Subsection A, in Paragraph A(1), after "delinquent children", deleted "but may be placed in the following community-based shelter care facilities", and added Paragraph A(2); added new subsection designation "B" and redesignated former Subsections B through D as Paragraphs B(1) through B(3), respectively; and in Subsection B, added the introductory clause.
NM Stat § 32A-4-11 (2021)
2021 New Mexico Statutes|Chapter 32A - Children's Code|Article 4 - Child Abuse and Neglect|Section 32A-4-11 - Use immunity.

A. At any stage of a proceeding under the Abuse and Neglect Act, the children's court attorney may apply for use immunity for a respondent for in-court testimony. The in-court testimony of an immunized respondent shall not be used against that respondent in a criminal prosecution; provided, however, that the respondent may be prosecuted for perjury that occurs during the respondent's testimony in children's court. B. At any stage of a proceeding under the Abuse and Neglect Act, the children's court attorney may apply for use immunity for any records, documents or other physical objects produced by the immunized respondent in that children's court proceeding, production of which was compelled by a court order. C. At any stage of a proceeding under the Abuse and Neglect Act, the children's court attorney may apply for use immunity for a respondent for any statement that a respondent makes in the course of a court-ordered psychological evaluation or treatment program to the professional designated by the department in furtherance of the court's order. Such immunity shall attach only to those statements made during the course of the actual evaluation or treatment and specifically does not attach to statements made to other department employees, agents or other representatives in the course of the investigation of alleged child abuse or neglect. D. Any other information available to the professional designated by the department to perform the court-ordered evaluation or treatment shall not be the subject of any application or order for immunity. E. All immunized statements referred to in Subsection C that are subsequently reduced to writing shall be deleted before any report is released to law enforcement officers or district attorneys. F. Use immunity orders shall not be entered nunc pro tunc. G. The children's court attorney shall request a hearing on any application for immunity and shall give at least forty-eight hours notice to all parties and to the district attorney for the county in which the alleged abuse or neglect occurred. The district attorney shall have standing to object to the order for immunity. History: 1978 Comp., § 32A-4-11, enacted by Laws 1993, ch. 77, § 105.
NM Stat § 32A-4-12 (2021)
2021 New Mexico Statutes|Chapter 32A - Children's Code|Article 4 - Child Abuse and Neglect|Section 32A-4-12 - Protective orders.

A. At any stage of a proceeding under the Abuse and Neglect Act, the children's court attorney may apply to the court for a protective order restricting the release of immunized testimony, immunized verbal statements for the purpose of psychological evaluation or treatment, or records, documents or other physical objects produced by an immunized respondent pursuant to a court order. The protective order shall apply to any person, except as designated by court order. The purpose of the protective order is to allow the respondents to engage in evaluation and treatment programs as ordered by the court and to ensure that any statement by the respondents will remain privileged and confidential and will not be divulged to any other person, including law enforcement officers and district attorneys. B. The children's court attorney shall apply for the protective order and request a hearing, and shall give at least forty-eight hours notice to all parties and to the district attorney for the county in which the alleged abuse or neglect occurred. The district attorney shall have standing to object to the protective order. C. After the hearing, the court may issue a protective order, if issuance of the order will reasonably assist in the delivery of diagnostic and therapeutic services to the respondent and the respondent is otherwise likely to refuse to make statements on the basis of his privilege against self-incrimination. History: 1978 Comp., § 32A-4-12, enacted by Laws 1993, ch. 77, § 106.
NM Stat § 32A-4-14 (2021)
2021 New Mexico Statutes|Chapter 32A - Children's Code|Article 4 - Child Abuse and Neglect|Section 32A-4-14 - Change in placement.

A. When the child's placement is changed, including a return to the child's home, written notice of the factual grounds supporting the change in placement shall be sent to the child's guardian ad litem or attorney, all parties, the child's CASA, the child's foster parents and the court ten days prior to the placement change, unless an emergency situation requires moving the child prior to sending notice. B. When the child, by and through the child's guardian ad litem or attorney, files a motion and requests a court hearing to contest the proposed change, the department shall not change the child's placement pending the results of the court hearing, unless an emergency requires changing the child's placement prior to the hearing. C. When a child's placement is changed without prior notice as provided for in Subsection A of this section, written notice shall be sent to the child's guardian ad litem or attorney, all parties, the child's CASA, the child's foster parents and the court within three days after the placement change. D. Written notice is not required for removal of a child from temporary emergency care, emergency foster care or respite care. The department shall provide oral notification of the removal to the child's guardian ad litem or attorney. E. Notice need not be given to the parties, other than the child, or to the court when placement is changed at the request of the child's foster parents or substitute care provider. Notice shall be given to the child's guardian ad litem or attorney. History: 1978 Comp., § 32A-4-14, enacted by Laws 1993, ch. 77, § 108; 2005, ch. 189, § 44; 2009, ch. 239, § 37. ANNOTATIONSThe 2009 amendment, effective July 1, 2009, in Subsection A, after "written notice", added "of the factual grounds supporting the change in placement" and after "guardian ad litem", added "or attorney"; in Subsection B, after "When the", added "child, by and through" and after "guardian ad litem", added "or attorney, files a motion and"; and in Subsections C and D, after "guardian ad litem", added "or attorney". Applicability. — Laws 2009, ch. 239, § 71, provided that the provisions of this act apply to all children who, on July 1, 2009, are on release or are otherwise eligible to be placed on release as if the Juvenile Public Safety Advisory Board Act had been in effect at the time they were placed on release or became eligible to be released. The 2005 amendment, effective June 17, 2005, in Subsection E, provided that notice need not be given to the parties other than the child or to the court when placement is changed at the request of the child's foster parents, but notice shall be given to the child's guardian ad litem or attorney.
NM Stat § 32A-4-15 (2021)
2021 New Mexico Statutes|Chapter 32A - Children's Code|Article 4 - Child Abuse and Neglect|Section 32A-4-15 - Petition; authorization to file.

A petition alleging neglect or abuse shall not be filed unless the children's court attorney has determined and endorsed upon the petition that the filing of the petition is in the best interests of the child. The children's court attorney shall, upon request of a person authorizing the filing of a petition, furnish legal services in connection with the authorization and preparation of the petition and the representation of the petitioner if the petitioner so requests. History: 1978 Comp., § 32A-4-15, enacted by Laws 1993, ch. 77, § 109.
NM Stat § 32A-4-16 (2021)
2021 New Mexico Statutes|Chapter 32A - Children's Code|Article 4 - Child Abuse and Neglect|Section 32A-4-16 - Ex-parte custody orders.

A. At the time a petition is filed or any time thereafter, the children's court or the district court may issue an ex-parte custody order upon a sworn written statement of facts showing probable cause exists to believe that the child is abused or neglected and that custody under the criteria set forth in Section 32-4-16 [32A-4-18] NMSA 1978 is necessary. B. The ex-parte custody order shall be served on the respondent by a person authorized to serve arrest warrants and shall direct the officer to take custody of the child and deliver him to a place designated by the court. C. The Rules of Evidence do not apply to the issuance of an ex-parte custody order. History: 1978 Comp., § 32A-4-16, enacted by Laws 1993, ch. 77, § 110. ANNOTATIONSCross references. — For the applicability of the Rules of Evidence, see Rule 11-1101 NMRA.
NM Stat § 32A-4-17 (2021)
2021 New Mexico Statutes|Chapter 32A - Children's Code|Article 4 - Child Abuse and Neglect|Section 32A-4-17 - Summons; content.

In addition to the requirements set forth in Section 32-1-11 [32A-1-12] NMSA 1978, in abuse and neglect proceedings, the summons shall clearly state that the proceeding could ultimately result in termination of the respondents' parental rights. History: 1978 Comp., § 32A-4-17, enacted by Laws 1993, ch. 77, § 111.
NM Stat § 32A-4-17.1 (2021)
2021 New Mexico Statutes|Chapter 32A - Children's Code|Article 4 - Child Abuse and Neglect|Section 32A-4-17.1 - Notice to grandparents and relatives.

Within thirty days after a child is taken into custody by law enforcement, or when the department files a petition seeking legal custody of the child, whichever occurs first, the department shall exercise due diligence and make reasonable efforts to identify and provide notice to all grandparents; all parents of a sibling of the child, when the parent has legal custody of the sibling; and other adult relatives of the child, including adult relatives suggested by the parents, unless such notice would be contrary to the best interests of the child due to family or domestic violence. The notice shall: A. specify that the child has been or is being removed from the custody of the parent or parents of the child; B. explain the options the relative has under federal, state or other law to participate in the care and placement of the child, including any options that may be lost by failing to respond to the notice; C. describe the requirements for becoming a foster family home and the additional services and support that are available for children placed in such a home; and D. set out the dates of any currently scheduled court hearings that involve the child. History: 1978 Comp., § 32A-4-17.1, enacted by Laws 2016, ch. 54, § 3. ANNOTATIONSEffective dates. — Laws 2016, ch. 54 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 18, 2016, 90 days after the adjournment of the legislature.
NM Stat § 32A-4-25.2 (2021)
2021 New Mexico Statutes|Chapter 32A - Children's Code|Article 4 - Child Abuse and Neglect|Section 32A-4-25.2 - Transition services.

A. Prior to a child's reaching seventeen years of age, the department shall meet with the child, the child's attorney and others of the child's choosing, including biological family members, to develop a transition plan. The department shall assist the child in identifying and planning to meet the child's needs after the child's eighteenth birthday, including housing, education, employment or income, health and mental health, local opportunities for mentors and continuing support services. B. The department shall present the child's proposed transition plan to the court at the first hearing scheduled after the child's seventeenth birthday. C. The court shall order a transition plan for the child. The transition plan approved by the court shall be reviewed at every subsequent review and permanency hearing. History: 1978 Comp., § 32A-4-25.2, as enacted by Laws 2009, ch. 239, § 47. ANNOTATIONSEffective dates. — Laws 2009, ch. 239, § 72 made Laws 2009, ch. 239, § 47 effective July 1, 2009. Applicability. — Laws 2009, ch. 239, § 71, provided that the provisions of this act apply to all children who, on July 1, 2009, are on release or are otherwise eligible to be placed on release as if the Juvenile Public Safety Advisory Board Act had been in effect at the time they were placed on release or became eligible to be released.
NM Stat § 32A-4-25.3 (2021)
2021 New Mexico Statutes|Chapter 32A - Children's Code|Article 4 - Child Abuse and Neglect|Section 32A-4-25.3 - Discharge hearing.

A. At the last review or permanency hearing held prior to the child's eighteenth birthday, the court shall review the transition plan and shall determine whether the department has made reasonable efforts to implement the requirements of Subsection B of this section. B. The court shall determine: (1) whether written information concerning the child's family history, the whereabouts of any sibling if appropriate and education and health records have been provided to the child; (2) whether the child's social security card, certified birth certificate, state-issued identification card, death certificate of a parent and proof of citizenship or residence have been provided to the child; (3) whether assistance in obtaining medicaid has been provided to the child, unless the child is ineligible for medicaid; and (4) whether referral for a guardianship or limited guardianship if the child is incapacitated has been made. C. If the court finds that the department has not made reasonable efforts to meet all the requirements of Subsection B of this section and that termination of jurisdiction would be harmful to the young adult, the court may continue to exercise its jurisdiction for a period not to exceed one year from the child's eighteenth birthday. The young adult must consent to continued jurisdiction of the court. The court may dismiss the case at any time after the child's eighteenth birthday for good cause. History: 1978 Comp., § 32A-4-25.3, as enacted by Laws 2009, ch. 239, § 48. ANNOTATIONSEffective dates. — Laws 2009, ch. 239, § 72 made Laws 2009, ch. 239, § 48 effective July 1, 2009. Applicability. — Laws 2009, ch. 239, § 71, provided that the provisions of this act apply to all children who, on July 1, 2009, are on release or are otherwise eligible to be placed on release as if the Juvenile Public Safety Advisory Board Act had been in effect at the time they were placed on release or became eligible to be released.
NM Stat § 32A-4-26 (2021)
2021 New Mexico Statutes|Chapter 32A - Children's Code|Article 4 - Child Abuse and Neglect|Section 32A-4-26 - Parental responsibility.

A. The court shall order the parent to pay the reasonable costs of support and maintenance of the child that the parent is financially able to pay if a child is adjudicated to be neglected or abused and the court orders the child placed with an agency or individual other than the parent. The court may use the child support guidelines set forth in Section 40-4-11.1 NMSA 1978 to calculate a reasonable payment. B. The court may enforce any of its orders issued pursuant to this section by use of its contempt power. History: 1978 Comp., § 32A-4-26, enacted by Laws 1993, ch. 77, § 120.