reglab/housing_qa huggingface dataset:
NM Stat § 32A-1-21 (2021)
2021 New Mexico Statutes|Chapter 32A - Children's Code|Article 1 - General Provisions|Section 32A-1-21 - Runaway child; law enforcement; permitted acts.

Whenever a law enforcement agency receives a report from a parent, guardian or custodian that a child over whom the parent, guardian or custodian has custody has, without permission, left the home or residence lawfully prescribed for the child and the parent, guardian or custodian believes the child has run away, a law enforcement agent may help the parent, guardian or custodian locate the child and: A. return the child to the parent, guardian or custodian unless safety concerns are present; B. hold the child for up to six hours if the parent, guardian or custodian cannot be located; provided, however, that no child shall be placed in a secured setting pursuant to this section; or C. after the six hours has expired, follow the procedures outlined in Section 32A-3B-3 NMSA 1978. History: Laws 2007, ch. 185, § 2; 2009, ch. 239, § 9. ANNOTATIONSThe 2009 amendment, effective July 1, 2009, in Subsection B, after "cannot be located", added the remainder of the sentence. 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-2-1 (2021)
2021 New Mexico Statutes|Chapter 32A - Children's Code|Article 2 - Delinquency|Section 32A-2-1 - Short title.

Chapter 32A, Article 2 NMSA 1978 may be cited as the "Delinquency Act". History: 1978 Comp., § 32A-2-1, enacted by Laws 1993, ch. 77, § 30; 2007, ch. 19, § 1. ANNOTATIONSThe 2007 amendment, effective June 15, 2007, changed Chapter "32" to Chapter "32A". Law reviews. — For note, "State v. Muniz: Authorizing Adult Sentences of Juveniles Absent a Conviction that Authorizes an Adult Sentence", see 35 N.M. L. Rev. 229 (2005).
NM Stat § 32A-2-4.1 (2021)
2021 New Mexico Statutes|Chapter 32A - Children's Code|Article 2 - Delinquency|Section 32A-2-4.1 - Adult jails and lockups used as temporary holding facilities; reports.

A. A child arrested and detained for an alleged delinquent act may be temporarily held in an adult jail or lockup for no longer than six hours. A child who is detained in an adult jail or lockup shall be placed in a setting that is physically segregated by sight and sound from adult offenders. After six hours, the child may be placed or detained pursuant to the provisions of Section 32A-2-12 NMSA 1978. B. An adult jail or lockup used as a temporary holding facility for alleged delinquent offenders shall file an annual report regarding its compliance with federal requirements. The juvenile justice advisory committee and the department shall determine the format of the annual reports. History: 1978 Comp., § 32A-2-4.1, as enacted by Laws 2009, ch. 239, § 12. ANNOTATIONSEffective dates. — Laws 2009, ch. 239, § 72 made this section 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-2-8 (2021)
2021 New Mexico Statutes|Chapter 32A - Children's Code|Article 2 - Delinquency|Section 32A-2-8 - Petition; authorization to file.

A petition alleging delinquency shall not be filed in delinquency proceedings unless the children's court attorney, after consulting with probation services, has determined and endorsed upon the petition that the filing of the petition is in the best interest of the public and the child. The children's court attorney shall furnish legal services in connection with the authorization and preparation of the petition. History: 1978 Comp., § 32A-2-8, enacted by Laws 1993, ch. 77, § 37. ANNOTATIONSCross references. — For the filing of petitions in delinquency proceedings, see Rule 10-211 NMRA. Decisions under prior law. — In light of the similarity of the provisions, annotations decided under former Section 32-1-17 NMSA 1978 have been included in the annotations to this section. Filing of petition sufficiently vests jurisdiction in children's court over persons alleged to have committed delinquent acts while under the age of 18, regardless of their ages at the time the charges are filed. State v. Doe, 1980-NMCA-147, 95 N.M. 88, 619 P.2d 192. Petition complies. — A petition, signed by the children's court attorney stating that probation services has determined that the best interest of the child and the public requires that a petition, as authorized by former Section 32-1-14 NMSA 1978, be filed, complied with former Section 32-1-17 NMSA 1978 and was sufficient to satisfy the requirement of a "finding" in Rule 22(a), N.M.R. Child. Ct. (now Rule 10-203(a)). State v. Doe, 1978-NMCA-099, 92 N.M. 198, 585 P.2d 342. Noncompliance of petition. — The district court erred in applying the provisions of the probate court to appellees' application for guardianship and in adjudicating the child to be neglected under procedural provisions outside the provisions of the Children's Code, because the petition alleging neglect, seeking removal of the child from the mother's custody and the appointment of guardians did not comply with the provisions of former Section 32-1-18 NMSA 1978 (now Section 32A-1-10 NMSA 1978) and Section 32-1-17B NMSA 1978 (now Section 32A-2-8 NMSA 1978). In re Guardianship of Lupe C., 1991-NMCA-050, 112 N.M. 116, 812 P.2d 365. Law reviews. — For comment, "The Freedom of the Press vs. The Confidentiality Provisions in the New Mexico Children's Code," see 4 N.M.L. Rev. 119 (1973). Am. Jur. 2d, A.L.R. and C.J.S. references. — 47 Am. Jur. 2d Juvenile Courts and Delinquent and Dependent Children § 52 et seq. 43 C.J.S. Infants §§ 93, 99.
NM Stat § 32A-2-15 (2021)
2021 New Mexico Statutes|Chapter 32A - Children's Code|Article 2 - Delinquency|Section 32A-2-15 - Time limitations on delinquency adjudicatory hearing.

The adjudicatory hearing in a delinquency proceeding shall be held in accordance with the time limits set forth in the Children's Court Rules and Forms [10-101 NMRA]. History: 1978 Comp., § 32A-2-15, enacted by Laws 1993, ch. 77, § 44. ANNOTATIONSCross references. — For adjudicatory time limits in delinquency proceedings, see Rule 10-243 NMRA. Decisions under prior law. — In light of the similarity of the provisions, annotations decided under former Section 32-1-28 NMSA 1978 have been included in the annotations to this section. Commencement of period for adjudicatory hearing in delinquency proceedings. — The time limit set forth in 10-226 NMRA (now 10-243 NMRA) for commencing an adjudicatory hearing in a delinquency proceeding if the child is not held in custody begins to run when the summons and a copy of the petition are personally served on the child, not when a copy is given to the child's attorney. State v. Jody C., 1991-NMCA-097, 113 N.M. 80, 823 P.2d 322, cert denied, 113 N.M. 23, 821 P.2d 1060. Granting of continuance within trial court's discretion. — The granting of a motion for continuance is within the sound discretion of the trial court and such action will not be disturbed on review unless there is a showing of abuse of that discretion. Doe v. State, 1975-NMCA-108, 88 N.M. 347, 540 P.2d 827, cert. denied, 88 N.M. 318, 540 P.2d 248. Law reviews. — For survey, "Children's Court Practice in Delinquency and Need of Supervision Cases Under the New Rules," see 6 N.M.L. Rev. 331 (1976). For article, "The New Mexico Children's Code: Some Remaining Problems," see 10 N.M.L. Rev. 341 (1980). Am. Jur. 2d, A.L.R. and C.J.S. references. — 47 Am. Jur. 2d Juvenile Courts and Delinquent and Dependent Children § 62 et seq.
NM Stat § 32A-2-23.1 (2021)
2021 New Mexico Statutes|Chapter 32A - Children's Code|Article 2 - Delinquency|Section 32A-2-23.1 - Release eligibility.

A. The department shall have exclusive jurisdiction and authority to release an adjudicated delinquent child during the term of the child's commitment, consistent with the provisions of the Victims of Crime Act [Chapter 31, Article 26 NMSA 1978]. In determining whether to release a child, the department shall give due consideration to public safety, the extent to which the child has been rehabilitated, the adequacy and suitability of the proposed release plan and the needs and best interests of the child, including the child's need for behavioral health or medical services that are not available in facilities for adjudicated delinquent children. B. The decision to grant or deny release shall be made by the secretary of children, youth and families or the secretary's designee. The department may impose such conditions of release as it deems appropriate. C. A child is eligible for release any time after the entry of a judgment transferring legal custody to the department, and the department may consider a reasonable request for release from the child at any time sixty days after the child has been committed. D. In the event release for a child is denied by the department after release is recommended for the child by the juvenile public safety advisory board, or release is approved by the department after the board has recommended that the child not be released, within ten days, the board may request a review of the decision by the court of the judicial district from which legal custody of the child was transferred, and the department shall transmit the child's records to the court. The court shall have jurisdiction to review the matter without conducting a formal hearing and to issue an order that either denies or grants release to the child. If the board requests review under this section, the child shall not be released until such time as the court has issued a decision. If the board does not petition the district court for review of the department's decision to grant or deny release within ten days of the department's decision, the department's decision shall be final, and the department shall release the child or continue the commitment in accordance with the terms of its decision. E. The secretary of children, youth and families or the secretary's designee may review the case of any child upon the child's or the juvenile public safety advisory board's reasonable request at any time after release is denied. History: 1978 Comp., § 32A-2-23.1, as enacted by Laws 2009, ch. 239, § 23. ANNOTATIONSEffective dates. — Laws 2009, ch. 239, § 72 made this section 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-2-23.2 (2021)
2021 New Mexico Statutes|Chapter 32A - Children's Code|Article 2 - Delinquency|Section 32A-2-23.2 - Release proceedings.

A. When the department determines that a child is ready to be released, it shall provide a list of children to the juvenile public safety advisory board at least thirty-five days prior to the next regularly scheduled release consideration meeting. The department shall ensure that all other notifications of a pending release proceeding are accomplished consistent with the provisions of the Victims of Crime Act [Chapter 31, Article 26 NMSA 1978]. B. Release consideration meetings shall be held at least quarterly, are not open to the public and shall include the child, a quorum of the board and a representative of the department. The child's attorney shall receive notice and may be present at the release meeting. History: 1978 Comp., § 32A-2-23.2, as enacted by Laws 2009, ch. 239, § 24. ANNOTATIONSEffective dates. — Laws 2009, ch. 239, § 72 made this section 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-2-25 (2021)
2021 New Mexico Statutes|Chapter 32A - Children's Code|Article 2 - Delinquency|Section 32A-2-25 - Parole revocation; procedures.

A. A child on parole from an agency that has legal custody who violates a term of parole may be proceeded against in a parole revocation proceeding conducted by the department or the supervising agency or by a hearing officer contracted by the department who is neutral to the child and the agency in accordance with procedures established by the department in cooperation with the juvenile parole board. A juvenile probation and parole officer may detain a child on parole status who is alleged to have violated a term or condition of parole until the completion and review of a preliminary parole revocation hearing. A child may waive the right to a preliminary parole revocation hearing after consultation with the child's attorney, parent, guardian or custodian. B. If a retake warrant is issued by the department upon the completion of the preliminary parole revocation hearing, the juvenile institution to which the warrant is issued shall promptly transport the child to that institution at the expense of the department. If a child absconds from parole supervision and is apprehended in another state after the issuance of a retake warrant by the department, the juvenile justice division of the department shall cause the return of the child to this state at the expense of the department. History: 1978 Comp., § 32A-2-25, enacted by Laws 1993, ch. 77, § 54; 2005, ch. 189, § 21. ANNOTATIONSThe 2005 amendment, effective June 17, 2005, in Subsection A, provided that a child may be proceeded against by a hearing officer who is neutral to the child and the supervising agency and that a child may waive the right to a preliminary parole revocation hearing.
NM Stat § 32A-2-28 (2021)
2021 New Mexico Statutes|Chapter 32A - Children's Code|Article 2 - Delinquency|Section 32A-2-28 - Parental responsibility.

A. In any complaint alleging delinquency, a parent of the child alleged to be delinquent may be made a party in the petition. If a parent is made a party and if a child is adjudicated a delinquent, the court may order the parent or parents to submit to counseling, participate in any probation or other treatment program ordered by the court and, if the child is committed for institutionalization, participate in any institutional treatment or counseling program including attendance at the site of the institution. The court shall order the parent to support the child committed for institutionalization by paying the reasonable costs of support, maintenance and treatment of the child that the parent is financially able to pay. The court may use the child support guidelines set forth in Section 40-4-11.1 NMSA 1978 to calculate a reasonable payment. B. If a fine is imposed against a child by a court of this state, the parent of the child is not liable to pay the fine. C. The court may enforce any of its orders issued pursuant to this section by use of its contempt power. History: 1978 Comp., § 32A-2-28, enacted by Laws 1993, ch. 77, § 57. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — Right of juvenile court defendant to be represented during court proceedings by parent, 11 A.L.R.4th 719. Criminal responsibility of parent for act of child, 12 A.L.R.4th 673.
NM Stat § 32A-2-30 (2021)
2021 New Mexico Statutes|Chapter 32A - Children's Code|Article 2 - Delinquency|Section 32A-2-30 - Indigency standard; fee schedule; reimbursement.

A. The court shall use a standard adopted and information provided by the public defender department to determine indigency of children in proceedings on petitions alleging delinquency. B. The court shall use a fee schedule adopted by the public defender department when appointing attorneys to represent children in proceedings on petitions alleging delinquency. C. The court shall order reimbursement from the parents or guardians of a child who has received or desires to receive legal representation or another benefit under the Public Defender Act [Chapter 31, Article 15 NMSA 1978] after a determination is made that the child was not indigent according to the standard for indigency of children adopted by the public defender department. D. Any amounts recovered pursuant to this section shall be paid to the state treasurer for credit to the general fund. History: 1978 Comp., § 32A-2-30, enacted by Laws 1993, ch. 77, § 59; 2005, ch. 189, § 23. ANNOTATIONSCross references. — For defense of indigents, see 31-16-1 to 31-16-10 NMSA 1978. For form for indigent defense services eligibility determination in children's court, see Rule 10-408 NMRA. The 2005 amendment, effective June 17, 2005, in Subsection C, deleted "or custodian".
NM Stat § 32A-2-31 (2021)
2021 New Mexico Statutes|Chapter 32A - Children's Code|Article 2 - Delinquency|Section 32A-2-31 - Child adjudicated delinquent; victim restitution; compensation; deductions.

A. A delinquent child may be ordered by the court to pay restitution to the victim of the child's delinquent act. B. The department may provide compensation to a delinquent child engaged in a rehabilitative work program and shall promulgate necessary rules and regulations to provide deductions from that compensation for: (1) victim restitution ordered by the court and for transmitting those deductions to the clerk of that court; (2) the crime victims reparation fund and for transmitting those deductions to the state treasurer for credit to that fund; and (3) the reasonable costs incident to the confinement of the delinquent child. C. The deductions provided by Subsection B of this section shall not exceed fifty percent of the compensation earned by the child and shall not be less than five percent of that compensation. History: 1978 Comp., § 32A-2-31, enacted by Laws 1993, ch. 77, § 60.
NM Stat § 32A-2-32.1 (2021)
2021 New Mexico Statutes|Chapter 32A - Children's Code|Article 2 - Delinquency|Section 32A-2-32.1 - Information not to be disclosed on a public access web site.

A state agency or a political subdivision of the state, including a school district, county, municipality or home-rule municipality, shall not disclose on a public access web site maintained by it any information concerning the following: A. an arrest or detention of a child; B. delinquency proceedings for a child; C. an adjudication of a child; D. an adult sentence imposed on a child, except information required to be disclosed pursuant to the Sex Offender Registration and Notification Act [29-11A-1 NMSA 1978]; or E. social records pertaining to a child as provided in Section 32A-2-32 NMSA 1978. History: Laws 2007, ch. 96, § 1. ANNOTATIONSEffective dates. — Laws 2007, ch. 96, § 2 made the section effective July 1, 2007.
NM Stat § 32A-2-33 (2021)
2021 New Mexico Statutes|Chapter 32A - Children's Code|Article 2 - Delinquency|Section 32A-2-33 - Child in possession of a firearm on school premises; detention; hearing.

A. If a public school administrator or employee has reasonable cause to believe that a child is in possession of or has been in possession of a firearm on school premises in violation of Section 30-7-2.1 NMSA 1978, the administrator or employee shall immediately report the child's actions to a law enforcement agency and the children, youth and families department. B. Upon receipt of a report pursuant to Subsection A of this section, the law enforcement agency may conduct an investigation to determine if there is probable cause to believe that the child possessed a firearm on school premises. C. If the law enforcement agency determines there is probable cause to believe that the child possessed a firearm on school premises, the law enforcement agency may take the child into custody and deliver the child to a detention facility licensed by the department. After the child is delivered to a detention facility, the department shall comply with the notification provisions set forth in Subsection C of Section 32A-2-10 NMSA 1978. The child shall be detained in the detention facility, pending a detention hearing pursuant to the provisions of Section 32A-2-13 NMSA 1978. D. As used in this section, "firearm" means any weapon that will or is designed to or may readily be converted to expel a projectile by the action of an explosion; the frame or receiver of any such weapon; or any firearm muffler or firearm silencer. "Firearm" includes any handgun, rifle or shotgun. History: Laws 1999, ch. 216, § 1; 2003, ch. 225, § 16. ANNOTATIONSThe 2003 amendment, effective July 1, 2003, deleted "the federal Gun-Free Schools Act of 1994 or" following "in violation of" in Subsection A; substituted "may" for "shall immediately" following "law enforcement agency" in Subsections B and C; and added "As used in this section" at the beginning of Subsection D.
NM Stat § 32A-3-1 (2021)
2021 New Mexico Statutes|Chapter 32A - Children's Code|Article 3 - Family in Need of Services (Repealed.)|Section 32A-3-1 - Repealed.

History: 1978 Comp., § 32A-3-1, enacted by Laws 1993, ch. 77, § 62; repealed by Laws 2005, ch. 189, § 77.ANNOTATIONSRepeals. — Laws 2005, ch. 189, § 77 repealed 32A-3-1 NMSA 1978, as enacted by Laws 1993, ch. 77, § 62, the short title of the Family in Need of Services Act, effective June 17, 2005.Compiler's notes. — Section 32A-3-1 NMSA 1978 was originally enacted as 32-3-1 NMSA 1978 by Laws 1993, ch. 77, § 62, but were recompiled to Chapter 32A NMSA 1978, in order to retain a historical link between the pre-July 1, 1993 law and the judicial precedents decided under that law. Citations to decisions under prior law have been included whenever possible.
NM Stat § 32A-3A-1 (2021)
2021 New Mexico Statutes|Chapter 32A - Children's Code|Article 3A - Families Services|Section 32A-3A-1 - Short title; purpose.

A. Chapter 32A, Article 3A NMSA 1978 may be cited as the "Family Services Act". B. The Family Services Act shall be interpreted and construed to effectuate the following expressed legislative purposes: (1) to recognize that many instances of a child's behavior are symptomatic of a family in need of family services; and (2) to provide prevention, diversion and intervention services for a child or family. History: 1978 Comp., § 32A-3A-1, enacted by Laws 1993, ch. 77, § 63; 2005, ch. 189, § 25. ANNOTATIONSThe 2005 amendment, effective June 17, 2005, stated the title of the act in Subsection A and provided in Subsection B that the purpose of the Family Services Act is to recognize that a child's behavior is symptomatic of a need for family services, to provide prevention, diversion and intervention services