reglab/housing_qa huggingface dataset:
NM Stat § 32A-3B-5 (2021)
2021 New Mexico Statutes|Chapter 32A - Children's Code|Article 3B - Families in Need of Court-Ordered Services|Section 32A-3B-5 - Notification to family; release from protective custody.

A. When the department takes a child into protective custody and the child is not released to the child's parent, guardian or custodian, the department shall provide written notice as soon as possible, and in no case later than twenty-four hours, to the child's parent, guardian or custodian, with a statement of the reasons for taking the child into protective custody. B. When the department releases a child placed in protective custody to the family, the department shall refer the family for voluntary family services. C. When the department releases a child from protective custody and the child's parent, guardian or custodian refuses to allow the child to return home, the department shall file a petition pursuant to the provisions of the Abuse and Neglect Act [Chapter 32A, Article 4 NMSA 1978]. D. If the department is not releasing the child to the parent, guardian or custodian within two days, the department shall notify the tribe if the child is an Indian child. History: 1978 Comp., § 32A-3B-5, enacted by Laws 1993, ch. 77, § 77; 2005, ch. 189, § 31. ANNOTATIONSThe 2005 amendment, effective June 17, 2005, added Subsection D to provide that if the department is not releasing the child to the parent, guardian or custodian within two days, the department shall notify the tribe if the child is an Indian child.
NM Stat § 32A-3B-6 (2021)
2021 New Mexico Statutes|Chapter 32A - Children's Code|Article 3B - Families in Need of Court-Ordered Services|Section 32A-3B-6 - Place of custody.

A. Unless a child from a family in need of services who has been placed in department custody 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 until 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-3B-6, enacted by Laws 1993, ch. 77, § 78; 2019, ch. 21, § 1. ANNOTATIONSCompiler's notes. — This section is substantively similar to former 32-1-23 NMSA 1978. See 32A-1-15 and 32A-2-10 NMSA 1978. The 2019 amendment, effective June 14, 2019, established a preference that a child taken into 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; added new subsection designations "A" and "B" and redesignated former Subsections A through C as Paragraphs B(1) through B(3), respectively; in Subsection A, Paragraph A(1), after "delinquent children", deleted "but may be placed in the following community-based shelter care facilities", and added Paragraph A(2); in Subsection B, added the introductory clause; and deleted Subsection D.
NM Stat § 32A-3B-6.1 (2021)
2021 New Mexico Statutes|Chapter 32A - Children's Code|Article 3B - Families in Need of Court-Ordered Services|Section 32A-3B-6.1 - Indian child placement; preferences.

A. An Indian child accepted in department custody shall be placed in the least restrictive setting that most closely approximates a family in which the child's special needs, if any, may be met. The Indian child shall be placed within reasonable proximity to the child's home, taking into account any special needs of the child. Preference shall be given to placement with: (1) a member of the Indian child's extended family; (2) a foster care home licensed, approved and specified by the Indian child's tribe; (3) an Indian foster care home licensed or approved by an authorized non-Indian licensing authority; or (4) an institution for children approved by the Indian child's tribe or operated by an Indian organization that has a program suitable to meet the Indian child's needs. B. When the placement preferences set forth in Subsection A of this section are not followed or if the Indian child is placed in an institution, a plan shall be developed to ensure that the Indian child's cultural ties are protected and fostered. History: Laws 2005, ch. 189, § 37. 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.
NM Stat § 32A-3B-7 (2021)
2021 New Mexico Statutes|Chapter 32A - Children's Code|Article 3B - Families in Need of Court-Ordered Services|Section 32A-3B-7 - Protective custody hearing; time limitations.

A. When a child of an alleged family in need of court-ordered services is taken into protective custody by the department or the department petitions the court for protective custody of the child, a custody hearing shall be held within ten days from the date the petition is filed to determine if the child should remain with the family or be placed in the custody of the department pending adjudication. Upon written request of the respondent, the hearing may be held earlier, but in no event shall the hearing be held sooner than two days after the date the petition was filed. B. The parent, guardian or custodian of the child shall be given reasonable notice of the time and place of the hearing. C. When the custody hearing is conducted, the court shall release the child to his parent, guardian or custodian unless probable cause exists to believe that: (1) the child is in immediate danger from his surroundings and the child's removal from those surroundings is necessary for his safety or well-being; (2) the child will be subject to injury by others if not placed in the protective custody of the department; or (3) a parent, guardian or custodian of the child or any other person is unable or unwilling to provide adequate supervision and care for the child. D. At the conclusion of the protective custody hearing, if the court determines that protective custody pending adjudication is appropriate, the court may: (1) award custody of the child to the department; or (2) return the child to the child's parent, guardian or custodian, subject to conditions that will reasonably assure the safety and well-being of the child. E. In addition to any disposition made by the court pursuant to the provisions of Subsection D of this section, the court may order the child and family to participate in an assessment and referral process. Copies of any diagnostic or evaluation reports ordered by the court shall be provided to the parties at least five days before the adjudicatory hearing is scheduled. The diagnostic and evaluation reports shall not be sent to the court. F. The Rules of Evidence shall not apply to protective custody hearings conducted pursuant to the provisions of this section. History: 1978 Comp., § 32A-3B-7, enacted by Laws 1993, ch. 77, § 79. ANNOTATIONSCross references. — For the applicability of the Rules of Evidence, see Rule 11-1101 NMRA.
NM Stat § 32A-3B-9 (2021)
2021 New Mexico Statutes|Chapter 32A - Children's Code|Article 3B - Families in Need of Court-Ordered Services|Section 32A-3B-9 - Change in placement.

A. When a child's placement is changed, including a return to the child's home, written notice of the placement change shall be given to the parties and to the child's tribe if the child is an Indian child ten days prior to the placement change, unless an emergency situation requires moving the child prior to sending notice. B. When a child's guardian ad litem or attorney requests a court hearing to contest the proposed placement change, the department shall not change the child's placement pending the result 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 and notice pursuant to the provisions of Subsection A of this section is not provided, written notice shall be sent to the parties and to the child's tribe if the child is an Indian child within three days after the placement change. D. Notice pursuant to the provisions of this section is not required for removal of the child from temporary emergency care, emergency foster care or respite care. History: 1978 Comp., § 32A-3B-9, enacted by Laws 1993, ch. 77, § 81; 2005, ch. 189, § 33. ANNOTATIONSThe 2005 amendment, effective June 17, 2005, provided in Subsection A that if a child's placement is changed, notice of the change shall be given to the parties and to the child's tribe if the child is an Indian child and in Subsection C that if notice of placement is not given under Subsection A, notice of the change of placement shall be given to the parties and to the child's tribe if the child is an Indian child.
NM Stat § 32A-3B-10 (2021)
2021 New Mexico Statutes|Chapter 32A - Children's Code|Article 3B - Families in Need of Court-Ordered Services|Section 32A-3B-10 - Petition; endorsement of petition.

A petition regarding an alleged family in need of court-ordered services shall not be filed unless the children's court attorney, after consultation with the department, determines and endorses upon the petition that filing is in the best interests of the child and family. History: 1978 Comp., § 32A-3B-10, enacted by Laws 1993, ch. 77, § 82.
NM Stat § 32A-3B-11 (2021)
2021 New Mexico Statutes|Chapter 32A - Children's Code|Article 3B - Families in Need of Court-Ordered Services|Section 32A-3B-11 - Petition; allegations.

A. A petition to initiate a proceeding regarding an alleged family in need of court-ordered services shall include the following allegations: (1) that the child or the family are in need of court-ordered family services; (2) that the child and the family participated in or refused to participate in a plan for family services and that the department has exhausted appropriate and available services; and (3) that court intervention is necessary to assist the department in providing necessary services to the child and the family. B. In addition to the allegations required pursuant to the provisions of Subsection A of this section, a petition that alleges a child's chronic absence from school shall be accompanied by an affidavit filed by a school official, in accordance with the provisions of Section 32-3A-3 [32A-3A-3] NMSA 1978. History: 1978 Comp., § 32A-3B-11, enacted by Laws 1993, ch. 77, § 83.
NM Stat § 32A-3B-12 (2021)
2021 New Mexico Statutes|Chapter 32A - Children's Code|Article 3B - Families in Need of Court-Ordered Services|Section 32A-3B-12 - Adjudicatory hearing; time limitations.

A. An adjudicatory hearing for an alleged family in need of court-ordered services shall be commenced within sixty days after the date of service on the respondent. B. The children's court attorney shall represent the state at the adjudicatory hearing. C. If the adjudicatory hearing is not commenced within the time limits specified in this section or within the period of any extension of those time limits, the petition shall be dismissed with prejudice. History: 1978 Comp., § 32A-3B-12, enacted by Laws 1993, ch. 77, § 84; 2009, ch. 239, § 30. ANNOTATIONSThe 2009 amendment, effective July 1, 2009, in Subsection A, changed "ninety days" to "sixty days"; after "ninety days after the", deleted "latest of the following dates:"; deleted Paragraphs (1) through (3) of Subsection A, which listed the date the petition is served on the respondent; the date the trial court orders a mistrial or a new trial; and the date a mandate in an appeal or order disposing of the appeal is filed; and added "date of service on the respondent". 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-3B-13 (2021)
2021 New Mexico Statutes|Chapter 32A - Children's Code|Article 3B - Families in Need of Court-Ordered Services|Section 32A-3B-13 - Conduct of hearings; penalty.

A. All hearings shall be recorded by stenographic notes or by electronic, mechanical or other appropriate means. B. All hearings regarding a family in need of court-ordered services shall be closed to the general public, subject to the following exceptions: (1) the parties, the parties' counsel, witnesses and other persons approved by the court may be present at the hearings. Those other persons the court finds to have a proper interest in the case or in the work of the court may be admitted by the court to closed hearings on the condition that they refrain from divulging any information that would identify the child or family involved in the proceedings; and (2) accredited representatives of the news media shall be allowed to be present at the hearings, subject to the condition that they refrain from divulging information that would identify any child involved in the proceedings or the parent, guardian or custodian of that child and further subject to enabling regulations the court finds necessary for the maintenance of order and decorum and for the furtherance of the purposes of the Children's Code. C. If the court finds that it is in the best interest of a child under fourteen years of age, the child may be excluded from a hearing under the Family in Need of Court-Ordered Services Act. A child fourteen years of age or older may be excluded from a hearing only if the court makes a finding that there is a compelling reason to exclude the child and states the factual basis for the finding. D. A person or party granted admission to a closed hearing who intentionally divulges information concerning the hearing in violation of the provisions of this section 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-13, enacted by Laws 1993, ch. 77, § 85; 2005, ch. 189, § 34. ANNOTATIONSThe 2005 amendment, effective June 17, 2005, deleted former Subsection C, which provided that when the court finds it in the best interest of the child, the child may be excluded from a hearing, and added a new Subsection C, which provided that if it is in the best interest of the child under fourteen years of age, the child may be excluded from a hearing and that a child fourteen years of age or older may be excluded from a hearing only for a compelling reason.
NM Stat § 32A-3B-14 (2021)
2021 New Mexico Statutes|Chapter 32A - Children's Code|Article 3B - Families in Need of Court-Ordered Services|Section 32A-3B-14 - Findings; dismissal; dispositional matters.

A. The court shall determine if the allegations of the petition are admitted or denied by the parent or child. If the allegations are denied, the court shall proceed to hear evidence on the petition. The court, after hearing all of the evidence regarding an alleged family in need of court-ordered services, shall make and record its findings. B. If the court finds, on the basis of a valid admission of the allegations set forth in the petition or on the basis of clear and convincing evidence that is competent, material and relevant in nature, that the child is a child of a family in need of court-ordered services, the court may proceed immediately or at a postponed hearing to make disposition of the case. If the court does not find that the child is a child of a family in need of court-ordered services, the court shall dismiss the petition. C. In that part of the hearings regarding dispositional issues, all relevant and material evidence helpful in determining the questions presented, including oral and written reports, may be received by the court and may be relied upon to the extent of its probative value, even though not competent had it been offered during the part of the hearings regarding adjudicatory issues. D. On the court's motion or motion of a party, the court may continue the hearing on the petition for a reasonable time to receive reports and other evidence regarding disposition. The court shall continue the hearing pending the receipt of the plan for family services if that document has not been prepared and received. During any continuance granted pursuant to this subsection, the court shall make an appropriate order for legal custody of the child. History: 1978 Comp., § 32A-3B-14, enacted by Laws 1993, ch. 77, § 86; 1995, ch. 206, § 19. ANNOTATIONSThe 1995 amendment, effective July 1, 1995, inserted "by the parent or child" in the first sentence of Subsection A.
NM Stat § 32A-3B-15 (2021)
2021 New Mexico Statutes|Chapter 32A - Children's Code|Article 3B - Families in Need of Court-Ordered Services|Section 32A-3B-15 - Plan for family services.

A. Prior to holding a dispositional hearing, the court shall direct the department to prepare a written family services plan for submission to the court. B. The plan for family services shall contain the following information: (1) a statement of the problem; (2) the needs of the child; (3) the needs of the family; (4) a description of the specific progress needed to be made by both the parent and the child, the reasons why the plan is likely to be useful, the availability of any proposed services and the department's overall plan for ensuring that the services will be delivered; (5) if removal from the home or continued residence outside the home is recommended for the child, a statement of the likely harm the child will suffer as a result of removal from the home, including emotional harm resulting from separation from the child's parents; (6) if removal from the home or continued residence outside the home is recommended for the child, a description of any previous efforts to work with the parent and the child in the home and a description of any in-home treatment programs that have been considered and rejected; (7) a description of the steps that will be taken to minimize any harm to the child that may result if separation from the child's parent occurs or continues; (8) if removal from the home or continued residence outside the home is recommended for the child and the child is sixteen years of age or older, a description of the specific skills the child requires for successful transition into independent living as an adult, what programs are necessary to develop the skills, the reasons why the programs are likely to be useful, the availability of any proposed programs and the department's overall plan for ensuring that the child will be adequately prepared for adulthood; and (9) when the child is an Indian child, contact shall be made with the child's Indian tribe for the purpose of consultation and exchange of information and the plan shall indicate the person contacted in the child's Indian tribe and the results of that contact. C. A copy of the plan shall be provided by the department to all parties at least five days before the dispositional hearing. D. If the child is a member of an adjudicated family in need of court-ordered services, any temporary custody orders shall remain in effect until the court has received and considered the plan at the dispositional hearing. History: 1978 Comp., § 32A-3B-15, enacted by Laws 1993, ch. 77, § 87.
NM Stat § 32A-3B-18 (2021)
2021 New Mexico Statutes|Chapter 32A - Children's Code|Article 3B - Families in Need of Court-Ordered Services|Section 32A-3B-18 - Dispositional judgments; time limitations; modification, termination or extension of court order.

A. A judgment vesting legal custody of a child in an agency shall remain in force for an indeterminate period not exceeding two years from the date entered. B. A judgment vesting legal custody of a child in an individual, other than the child's parent, shall remain in force for two years from the date entered unless terminated sooner by court order. C. A judgment vesting legal custody of a child in the child's parent or a permanent guardian shall remain in force for an indeterminate period from the date entered until terminated by court order or until the child is emancipated or reaches the age of majority. D. At any time prior to expiration, a judgment vesting legal custody or granting protective supervision may be modified, revoked or extended on motion by a party, including the child by and through the child's guardian ad litem or attorney. E. Prior to the expiration of a judgment transferring legal custody to an agency, the court may extend the judgment for additional periods of one year if it finds that the extension is necessary to safeguard the welfare of the child or the public interest. F. When a child reaches eighteen years of age, all family in need of court-ordered services orders affecting the child then in force automatically terminate. The termination of the orders shall not disqualify a child from eligibility for transitional services. History: 1978 Comp., § 32A-3B-18, enacted by Laws 1993, ch. 77, § 90; 2009, ch. 239, § 32. ANNOTATIONSThe 2009 amendment, effective July 1, 2009, in Subsection D, after "motion by a party", deleted "or the" and added "including the child by and through the child's"; and 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.
NM Stat § 32A-3B-20 (2021)
2021 New Mexico Statutes|Chapter 32A - Children's Code|Article 3B - Families in Need of Court-Ordered Services|Section 32A-3B-20 - 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 a child of a family in need of court-ordered services 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-3B-20, enacted by Laws 1993, ch. 77, § 92.