reglab/housing_qa huggingface dataset:
NM Stat § 32A-4-27 (2021)
2021 New Mexico Statutes|Chapter 32A - Children's Code|Article 4 - Child Abuse and Neglect|Section 32A-4-27 - Intervention; persons permitted to intervene.

A. At any stage of an abuse or neglect proceeding, a person described in this subsection may be permitted to intervene as a party with a motion for affirmative relief: (1) a foster parent whom the child has resided with for at least six months; (2) a relative within the fifth degree of consanguinity with whom the child has resided; (3) a stepparent with whom the child has resided; or (4) a person who wishes to become the child's permanent guardian. B. When determining whether a person described in Subsection A of this section should be permitted to intervene, the court shall consider: (1) the person's rationale for the purposed intervention; and (2) whether intervention is in the best interest of the child. C. When the court determines that the child's best interest will be served as a result of intervention by a person described in Subsection A of this section, the court may permit intervention unless the party opposing intervention can demonstrate that a viable plan for reunification with the respondents is in progress and that intervention could impede the progress of the reunification plan. D. The persons described in this subsection shall be permitted to intervene during any stage of an abuse or neglect proceeding: (1) a parent of the child who is not named in the petition alleging abuse or neglect; and (2) when the child is an Indian child, the child's Indian tribe. E. The child's foster parent shall be permitted to intervene when: (1) the foster parent desires to adopt the child; (2) the child has resided with the foster parent for at least six months within the year prior to the termination of parental rights; (3) a motion for termination of parental rights has been filed by a person other than the foster parent; and (4) bonding between the child and the child's foster parent is alleged as a reason for terminating parental rights in the motion for termination of parental rights. F. The foster parent, preadoptive parent or relative providing care for the child shall be given notice of, and an opportunity to be heard in, any review or hearing with respect to the child, except that this subsection shall not be construed to require that any foster parent, preadoptive parent or relative providing care for the child be made a party to such a review or hearing solely on the basis of the notice and opportunity to be heard. History: 1978 Comp., § 32A-4-27, enacted by Laws 1993, ch. 77, § 121; 1999, ch. 77, § 9. ANNOTATIONSThe 1999 amendment, effective July 1, 1999, added Subsection F.
NM Stat § 32A-4-30 (2021)
2021 New Mexico Statutes|Chapter 32A - Children's Code|Article 4 - Child Abuse and Neglect|Section 32A-4-30 - Attorney fees.

The court may order the department to pay attorney fees for the child's guardian ad litem or attorney if: A. the child is in the legal custody of the department; B. the child's guardian ad litem or the child, through the child's attorney: (1) requests in writing that the department move for the termination of parental rights; (2) gives the department written notice that if the department does not move for termination of parental rights, the guardian ad litem or the child, through the child's attorney, intends to move for the termination of parental rights and seek an award of attorney fees; (3) successfully moves for the termination of parental rights; and (4) applies to the court for an award of attorney fees; and C. the department refuses to litigate the motion for the termination of parental rights or fails to act in a timely manner. History: 1978 Comp., § 32A-4-30, enacted by Laws 1993, ch. 77, § 124; 2005, ch. 189, § 53. ANNOTATIONSThe 2005 amendment, effective June 17, 2005, provided that the court may order the department to pay attorney fees to a child's attorney; in Subsection A, changed "custody" to "legal custody"; and in Subsections B and B(2), added "or the child, through the child's attorney".
NM Stat § 32A-4-31 (2021)
2021 New Mexico Statutes|Chapter 32A - Children's Code|Article 4 - Child Abuse and Neglect|Section 32A-4-31 - Permanent guardianship of a child.

A. In proceedings for permanent guardianship, the court shall give primary consideration to the physical, mental and emotional welfare and needs of the child. Permanent guardianship vests in the guardian all rights and responsibilities of a parent, other than those rights and responsibilities of the natural or adoptive parent, if any, set forth in the decree of permanent guardianship. B. Any adult, including a relative or foster parent, may be considered as a permanent guardian, provided that the department grants consent to the guardianship if the child is in the legal custody of the department. An agency or institution may not be a permanent guardian. The court shall appoint a person nominated by the child, if the minor is fourteen years of age or older, unless the court finds the appointment contrary to the best interests of the child. C. The court may establish a permanent guardianship between a child and the guardian when the prospective guardianship is in the child's best interest and when: (1) the child has been adjudicated as an abused or neglected child; (2) the department has made reasonable efforts to reunite the parent and child and further efforts by the department would be unproductive; (3) reunification of the parent and child is not in the child's best interests because the parent continues to be unwilling or unable to properly care for the child; and (4) the likelihood of the child being adopted is remote or it is established that termination of parental rights is not in the child's best interest. History: 1978 Comp., § 32A-4-31, enacted by Laws 1993, ch. 77, § 125; 2005, ch. 189, § 54. ANNOTATIONSCross references. — For the Kinship Guardianship Act, see 40-10B-1 NMSA 1978 et seq. The 2005 amendment, effective June 17, 2005, in Subsection B, changed "department's custody" to "legal custody of the department".
NM Stat § 32A-4-33.1 (2021)
2021 New Mexico Statutes|Chapter 32A - Children's Code|Article 4 - Child Abuse and Neglect|Section 32A-4-33.1 - Records release when a child dies.

A. After learning that a child fatality has occurred and that there is reasonable suspicion that the fatality was caused by abuse or neglect, the department shall, upon written request to the secretary of the department, release the following information, if in the department's possession, within five business days: (1) the age and gender of the child; (2) the date of death; (3) whether the child was in foster care or in the home of the child's parent or guardian at the time of death; and (4) whether an investigation is being conducted by the department. B. If an investigation is being conducted by the department, then a request for further information beyond that listed in Subsection A of this section shall be answered with a statement that a report is under investigation. C. Upon completion of a child abuse or neglect investigation into a child's death, if it is determined that abuse or neglect caused the child's death, the following documents shall be released upon request: (1) a summary of the department's investigation; (2) a law enforcement investigation report, if in the department's possession; and (3) a medical examiner's report, if in the department's possession. D. Prior to releasing any document pursuant to Subsection C of this section, the department shall consult with the district attorney and shall redact: (1) information that would, in the opinion of the district attorney, jeopardize a criminal investigation or proceeding; (2) identifying information related to a reporting party or any other party providing information; and (3) information that is privileged, confidential or not subject to disclosure pursuant to any other state or federal law. E. Once documents pursuant to this section have been released by the department, the department may comment on the case within the scope of the release. F. Information released by the department consistent with the requirements of this section does not require prior notice to any other individual. G. Nothing in this section shall be construed as requiring the department to obtain documents not in the abuse and neglect case file. H. A person disclosing abuse and neglect case file information as required by this section shall not be subject to suit in civil or criminal proceedings for complying with the requirements of this section. History: 1978 Comp., § 32A-4-33.1, as enacted by Laws 2009, ch. 239, § 52. ANNOTATIONSEffective dates. — Laws 2009, ch. 239, § 72 made Laws 2009, ch. 239, § 52 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-4-34 (2021)
2021 New Mexico Statutes|Chapter 32A - Children's Code|Article 4 - Child Abuse and Neglect|Section 32A-4-34 - Duties of employees.

All employees of the department shall be trained in their legal duties to protect the constitutional and statutory rights of children and families from the initial time of contact, during the investigation and throughout any treatment. History: Laws 2005, ch. 189, § 57. 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-4-35 (2021)
2021 New Mexico Statutes|Chapter 32A - Children's Code|Article 4 - Child Abuse and Neglect|Section 32A-4-35 - Appointment or change of educational decision maker.

A. In all matters involving children alleged by the state to be abused or neglected, including proceedings to terminate parental rights, the children's court shall appoint an educational decision maker in every case. B. The children's court shall appoint an educational decision maker at the custody hearing; provided that the children's court: (1) may change the appointment of an educational decision maker upon motion of a party at any stage of the proceedings; and (2) shall review at each subsequent stage of the proceedings whether to continue or change the appointment of an educational decision maker for the child. C. The children's court shall appoint a respondent as the child's educational decision maker, unless the children's court determines that doing so would be contrary to the best interests of the child. If the children's court determines that no respondent should be appointed as the child's educational decision maker, the children's court shall appoint another qualified individual, taking into account the following: (1) whether the individual knows the child and is willing to accept responsibility for making educational decisions; (2) whether the individual has any personal or professional interests that conflict with the interests of the child; and (3) whether the individual is permitted to make all necessary educational decisions for the child, including decisions related to whether the child is a child with a disability under the federal Individuals with Disabilities Education Act. History: Laws 2017, ch. 64, § 3. ANNOTATIONSEffective dates. — Laws 2017, ch. 64 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 16, 2017, 90 days after the adjournment of the legislature. Cross references. — For the federal Individuals with Disabilities Education Act, see 20 U.S.C. § 1400.
NM Stat § 32A-4A-1 (2021)
2021 New Mexico Statutes|Chapter 32A - Children's Code|Article 4A - Children's Advocacy Centers|Section 32A-4A-1 - Short title.

This act [32A-4A-1 to 32A-4A-4 NMSA 1978] may be cited as the "Children's Advocacy Centers Act". History: Laws 2019, ch. 134, § 1. ANNOTATIONSEffective dates. — Laws 2019, ch. 134 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 14, 2019, 90 days after the adjournment of the legislature.
NM Stat § 32A-4A-2 (2021)
2021 New Mexico Statutes|Chapter 32A - Children's Code|Article 4A - Children's Advocacy Centers|Section 32A-4A-2 - Definition.

As used in the Children's Advocacy Centers Act, "center" means a children's advocacy center, which is an entity that provides a comprehensive multidisciplinary team response to allegations of child abuse or neglect in a neutral, child-friendly setting by representatives of the following fields and professions:A. child protective services;B. family and victim advocacy;C. forensic interviewers;D. law enforcement;E. medical examiners;F. behavioral health; andG. services related to those fields and professions listed in Subsections A through F of this section.History: Laws 2019, ch. 134, § 2. ANNOTATIONSEffective dates. — Laws 2019, ch. 134 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 14, 2019, 90 days after the adjournment of the legislature.
NM Stat § 32A-4A-3 (2021)
2021 New Mexico Statutes|Chapter 32A - Children's Code|Article 4A - Children's Advocacy Centers|Section 32A-4A-3 - Children's advocacy centers; duties.

A center shall:A. be an entity that is a private, incorporated agency, a hospital or a governmental entity;B. have a neutral, child-focused facility where forensic interviews with children take place; provided that all agencies shall have a place to interact with the child as investigative or treatment needs require;C. have a designated staff trained according to standards approved by the national children's alliance;D. have a multidisciplinary team established in accordance with the provisions of the Children's Advocacy Centers Act that meets on a regular basis, at least every other month; E. provide case tracking of child abuse cases seen through the center. Case tracking or data collected shall include:(1) the number of child abuse cases seen at the center;(2) demographic data;(3) the number of cases referred for prosecution; and(4) the number of cases referred for behavioral health services, medical examinations and other related services;F. provide medical examinations or mental health services at the center or provide referrals for medical examinations or mental health therapy provided by an agency not located at the center but with which the center has a memorandum of understanding or interagency agreement;G. provide family and victim advocacy services to a child and to a non-offending caregiver of the child;H. facilitate the provision of training of center staff and multidisciplinary team members; andI. adhere to the national children's alliance standards. History: Laws 2019, ch. 134, § 3. ANNOTATIONSEffective dates. — Laws 2019, ch. 134 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 14, 2019, 90 days after the adjournment of the legislature.
NM Stat § 32A-4A-4 (2021)
2021 New Mexico Statutes|Chapter 32A - Children's Code|Article 4A - Children's Advocacy Centers|Section 32A-4A-4 - Multidisciplinary child abuse teams; establishment; membership; duties.

A. The following persons shall comprise a multidisciplinary child abuse investigation team in each judicial district in the state:(1) the district attorney of the judicial district in which the team is created and established, or the district attorney's designee;(2) a representative from the protective services division of the children, youth and families department, appointed by the director of the division or the director's designee;(3) a representative from a center that exists in the judicial district in which the team is located; and(4) the following members, appointed by the agency head or designee of the following agencies:(a) a representative from each law enforcement agency within the judicial district;(b) medical personnel with expertise and certification in pediatric sexual assault, child physical abuse and neglect identification or treatment;(c) a mental health service provider with training and experience in evidence-supported trauma-focused cognitive behavioral therapy; and(d) a family or victim advocate from an agency designated for advocacy services in that judicial district.B. The following multidisciplinary child abuse investigation team members shall be present before a forensic interview can take place:(1) the center's forensic interviewer; and(2) when available and as appropriate:(a) a representative from law enforcement; and(b) the representative from the protective services division of the children, youth and families department.C. A multidisciplinary child abuse investigation team shall:(1) develop a written protocol for the investigation and prosecution of cases of child abuse and neglect in accordance with each member agency's requirements;(2) convene on a regular ongoing basis, at least every other month, for the purpose of conducting case tracking, case review and general business and considering proposed modifications to the team's existing protocol; and(3) train and provide technical assistance to team members, agencies and medical providers that investigate child abuse and neglect cases. History: Laws 2019, ch. 134, § 4. ANNOTATIONSEffective dates. — Laws 2019, ch. 134 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 14, 2019, 90 days after the adjournment of the legislature.
NM Stat § 32A-5-1 (2021)
2021 New Mexico Statutes|Chapter 32A - Children's Code|Article 5 - Adoptions|Section 32A-5-1 - Short title.

Chapter 32A, Article 5 NMSA 1978 may be cited as the "Adoption Act". History: 1978 Comp., § 32A-5-1, enacted by Laws 1993, ch. 77, § 128; 2003, ch. 294, § 1; 2003, ch. 321, § 1. ANNOTATIONSCross references. — For provisions of Safe Haven for Infants Act, see 24-22-1 NMSA 1978 et seq. For adult adoptions, see 40-14-1 to 40-14-15 NMSA 1978. The 2003 amendment, effective July 1, 2003, substituted "Chapter 32A" for "Chapter 32". Identical amendments to this section were enacted by Laws 2003, ch. 294, § 1, and Laws 2003, ch. 321, § 1. This section is set out as amended by Laws 2003, ch. 321, § 1. See 12-1-8 NMSA 1978. Equitable adoption. — New Mexico recognizes "equitable adoptions"; those that are inferred by the law in the absence of compliance with statutory requirements. However, this recognition will only be made when certain strict requirements have been satisfied, such as the formation of a legally valid agreement by the purported parent to adopt the child. Otero v. City of Albuquerque, 1998-NMCA-137, 125 N.M. 770, 965 P.2d 354. Prerequisite for wrongful death recovery. — Child who had not been legally adopted by decedent and could not establish a basis for equitable adoption could not recover in a wrongful death action based on the accident that killed decedent. Otero v. City of Albuquerque, 1998-NMCA-137, 125 N.M. 770, 965 P.2d 354. Law reviews. — For note, "Family Law - A Limitation on Grandparental Rights in New Mexico: Christian Placement Service v. Gordon," see 17 N.M.L. Rev. 207 (1987). Am. Jur. 2d, A.L.R. and C.J.S. references. — 2 Am. Jur. 2d Adoption § 1 et seq. Required parties in adoption proceedings, 48 A.L.R.4th 860. Action for wrongful adoption based on misrepresentation of child's mental or physical condition of parentage, 56 A.L.R.4th 375. Attorney malpractice in connection with services related to adoption of child, 18 A.L.R.5th 892. Adoption of child by same-sex partners, 27 A.L.R.5th 54. "Wrongful adoption" causes of action against adoption agencies where children have or develop mental or physical problems that are misrepresented or not disclosed to adoptive parents, 74 A.L.R.5th 1. 2 C.J.S. Adoption of Persons §§ 5 to 9.
NM Stat § 32A-5-2 (2021)
2021 New Mexico Statutes|Chapter 32A - Children's Code|Article 5 - Adoptions|Section 32A-5-2 - Purpose.

The purpose of the Adoption Act is to: A. establish procedures to effect a legal relationship between a parent and adopted child that is identical to that of a parent and biological child; B. provide for family relationships that will give the adopted child protection and economic security and that will enable the child to develop physically, mentally and emotionally to the maximum extent possible; and C. ensure due process protections. History: 1978 Comp., § 32A-5-2, enacted by Laws 1993, ch. 77, § 129. ANNOTATIONSDecisions under prior law. — In light of the similarity of the provisions, annotations decided under former Section 40-7-29 NMSA 1978 have been included in the annotations to this section. Statutory proceeding. — Adoption, unknown at common law, is a creature of statute. Poncho v. Bowdoin, 2006-NMCA-013, 138 N.M. 857, 126 P.3d 1221. Purpose of statutes for adoption is to make provision for the welfare of children and the legislation should be liberally construed to effect that purpose. Barwin v. Reidy, 1957-NMSC-016, 62 N.M. 183, 307 P.2d 175. Adoption statutes accorded liberal construction. — Adoption statutes are enacted in favor of humanity and are to be accorded a liberal construction by the courts. Hahn v. Sorgen, 1946-NMSC-015, 50 N.M. 83, 171 P.2d 308. Construed to promote welfare of children. — The proper construction of New Mexico adoption statutes is such as will promote the welfare of children. Nevelos v. Railston, 1959-NMSC-013, 65 N.M. 250, 335 P.2d 573. Jurisdictional requirements to be strictly followed. — The power to adopt children was unknown to the common law; it is a creation of statute which may prescribe the conditions under which adoption may be legally effected. Thus, the jurisdictional requirements of the statute for this special proceeding must be strictly followed. Barwin v. Reidy, 1957-NMSC-016, 62 N.M. 183, 307 P.2d 175. Equitable adoption. — New Mexico courts have recognized the doctrine of equitable adoption. Poncho v. Bowdoin, 2006-NMCA-013, 138 N.M. 857, 126 P.3d 1221. Biological father cannot relinquish duties. — In the absence of a formal adoption under the Adoption Act, the biological father cannot voluntarily effect a relinquishment of his parental duties imposed upon him by law. Poncho v. Bowdoin, 2006-NMCA-013, 138 N.M. 857, 126 P.3d 1221.
NM Stat § 32A-5-4 (2021)
2021 New Mexico Statutes|Chapter 32A - Children's Code|Article 5 - Adoptions|Section 32A-5-4 - Application of the federal Indian Child Welfare Act of 1978.

The protections set forth in the federal Indian Child Welfare Act of 1978, including provisions concerning notice to the Indian child's tribe, transfer to tribal court and placement preferences, apply to all proceedings involving an Indian child under the Adoption Act. History: 1978 Comp., § 32A-5-4, enacted by Laws 1993, ch. 77, § 131. ANNOTATIONSCross references. — For the federal Indian Child Welfare Act of 1978, see 25 U.S.C. § 1901.