reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 21 - Emancipation of Minors › Section 32A-21-7 - Declaration of Emancipation; petition; contents; notice; mandate.

A. A minor may petition the children's court of the district in which he resides for a declaration of emancipation as described in the Emancipation of Minors Act. The petition shall be verified and shall set forth with specificity the facts bringing the minor within the provisions of the Emancipation of Minors Act.
B. Before the petition is heard, notice shall be given to the minor's parents, guardian or custodian in accordance with the Rules of Civil Procedure for the District Courts [1-001 NMRA].
C. If the court finds that the minor is sixteen years of age or older and is a person described under Section 48 [32A-21-2 NMSA 1978] of this act, the court may grant the petition unless, after having considered all of the evidence introduced at the hearing, it finds that granting the petition would be contrary to the best interests of the minor.
D. If the petition is sustained, the court shall immediately issue a declaration of emancipation containing specific findings of fact and one or more purposes of the emancipation, which shall be filed by the county clerk.
E. If the petition is denied, the minor has a right to file a petition for a writ of mandamus.
F. If the petition is sustained, the parents, guardian or custodian of the minor has a right to file a petition for a writ of mandamus if he appeared in the proceeding and opposed the granting of the petition.
G. A declaration of emancipation granted in accordance with the Emancipation of Minors Act shall be conclusive evidence that the minor is emancipated.
History:
Laws 1995, ch. 206, § 53.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 22 - Children's Cabinet › Section 32A-22-1 - Short title.

Chapter 32A, Article 22 NMSA 1978 may be cited as the "Children's Cabinet Act".
History:
Laws 2005, ch. 64, § 1; 2019, ch. 48, § 16.
ANNOTATIONS
The 2019 amendment,
effective July 1, 2020, changed "This act" to "Chapter 32A, Article 22 NMSA 1978".
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 22 - Children's Cabinet › Section 32A-22-2 - Children's cabinet created.

A. The "children's cabinet" is created and is administratively attached to the office of the governor. The children's cabinet shall meet at least six times each year.
B. The children's cabinet consists of:
(1) the governor;
(2) the lieutenant governor;
(3) the secretary of children, youth and families;
(4) the secretary of early childhood education and care;
(5) the secretary of corrections;
(6) the secretary of human services;
(7) the secretary of workforce solutions;
(8) the secretary of health;
(9) the secretary of finance and administration;
(10) the secretary of economic development;
(11) the secretary of public safety;
(12) the secretary of aging and long-term services;
(13) the secretary of Indian affairs; and
(14) the secretary of public education.
C. Each year, the governor shall select a person to serve as chair of the cabinet.
History:
Laws 2005, ch. 64, § 2; 2019, ch. 48, 17.
ANNOTATIONS
The 2019 amendment,
effective July 1, 2020, added the secretary of early childhood education and care to the children's cabinet, substituted the secretary of labor with the secretary of workforce solutions for membership in the children's cabinet, and required the governor to select a person to serve as chair; in Subsection B, added a new Paragraph (4) and redesignated the succeeding paragraphs accordingly; in Paragraph B(7), after "secretary of", deleted "labor" and added "workforce solutions"; and in Subsection C, after "Each year, the", deleted "children's cabinet" and added "governor", and after "shall select", deleted "the governor or lieutenant governor to be the chairperson" and added "a person to serve as chair of the cabinet".
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 22 - Children's Cabinet › Section 32A-22-3 - Powers; duties; goals.

A. The children's cabinet shall study and make recommendations for the design of a coordinated system to maximize outcomes among children and youth under age twenty-one, particularly those in disadvantaged situations, in the following areas:
(1) physical and mental health fitness;
(2) family and community safety and support;
(3) preparedness for and success in school;
(4) successful transition to meaningful and purposeful adulthood and employment; and
(5) valued contributions to and active participation in communities.
B. Departments participating in the children's cabinet may enter into joint powers agreements pursuant to the Children's Cabinet Act.
C. At least twice each year, the children's cabinet shall meet with parents, children, youth, educators, public officials and representatives of faith-based organizations, community-based organizations, philanthropic organizations, public schools and public school districts, colleges and universities, health care providers, nonprofit organizations, youth service providers, political subdivisions, the interim legislative health and human services committee and the legislative education study committee. The children's cabinet may coordinate with these persons as needed to design or implement the coordinated system.
D. By September 1 of each year, the children's cabinet shall report and make recommendations to the governor and the legislature, including:
(1) a child and youth report card that identifies the status and well-being of children and youth, including special target populations of children and youth that are disproportionately at risk, based on the outcomes in Subsection A of this section; and
(2) a child and youth policy and inventory budget identifying state programs and initiatives that affect the well-being of children and youth, including proposed budget allocations toward the outcome areas in Subsection A of this section based on age, ethnicity and special target populations as determined by the children's cabinet.
History:
Laws 2005, ch. 64, § 3.
ANNOTATIONS
Effective dates.
— Laws 2005, ch. 64 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.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 22 - Children's Cabinet › Section 32A-22-4 - Children's cabinet department liaisons.

Each member of the children's cabinet shall name an employee to serve as a liaison to ensure coordination and communication among departments and agencies and to address cross-jurisdictional issues in an efficient, effective and expeditious manner.
History:
Laws 2005, ch. 64, § 4.
ANNOTATIONS
Effective dates.
— Laws 2005, ch. 64 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.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 23 - Pre-Kindergarten › Section 32A-23-1 - Short title.

Chapter 32A, Article 23 NMSA 1978 may be cited as the "Pre-Kindergarten Act".
History:
Laws 2005, ch. 170, § 1; 2019, ch. 48, § 18.
ANNOTATIONS
The 2019 amendment,
effective July 1, 2020, changed "This act" to "Chapter 32A, Article 23 NMSA 1978".
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 23 - Pre-Kindergarten › Section 32A-23-2 - Findings and purpose.

The legislature finds that:
A. special needs are present among the state's population of three- and four-year-old children and those needs warrant the provision of early pre-kindergarten and pre-kindergarten programs;
B. participation in quality early pre-kindergarten and pre-kindergarten has a positive effect on children's intellectual, emotional, social and physical development; and
C. early pre-kindergarten and pre-kindergarten will advance governmental interests and childhood development and readiness.
History:
Laws 2005, ch. 170, § 2; 2019, ch. 48, § 19.
ANNOTATIONS
The 2019 amendment,
effective July 1, 2020, expanded early pre-kindergarten and pre-kindergarten program eligibility; in the section heading, deleted "and purpose"; in Subsection A, after "state's population of", added "three- and", and after "the provision of", added "early pre-kindergarten and"; in Subsection B, after "participation in quality", added "early pre-kindergarten and"; and in Subsection C, added "early pre-kindergarten and".
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 23 - Pre-Kindergarten › Section 32A-23-5 - Repealed.

History:
Laws 2005, ch. 170, § 5; 2011, ch. 140, § 1; repealed by Laws 2019, ch. 48, § 37.
ANNOTATIONS
Repeals.
— Laws 2019, ch. 48, § 37 repealed 32A-23-5 NMSA 1978, as enacted by Laws 2005, ch. 170, § 5, relating to pre-kindergarten eligibility, effective July 1, 2020. For provisions of former section,
see
the 2019 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 23 - Pre-Kindergarten › Section 32A-23-7 - Repealed.

History:
Laws 2005, ch. 170, § 7; repealed by Laws 2019, ch. 48, § 37.
ANNOTATIONS
Repeals.
— Laws 2019, ch. 48, § 37 repealed 32A-23-7 NMSA 1978, as enacted by Laws 2005, ch. 170, § 7, relating to program funding, effective July 1, 2020. For provisions of former section,
see
the 2019 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 23 - Pre-Kindergarten › Section 32A-23-8 - Repealed.

History:
Laws 2005, ch. 170, § 8; repealed by Laws 2019, ch. 48, § 37.
ANNOTATIONS
Repeals.
— Laws 2019, ch. 48, § 37 repealed 32A-23-5 NMSA 1978, as enacted by Laws 2005, ch. 170, § 8, relating to funds created, administration, effective July 1, 2020. For provisions of former section,
see
the 2019 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 23 - Pre-Kindergarten › Section 32A-23-9 - Equal division of appropriations.

Any money appropriated for pre-kindergarten programs shall be divided equally between programs administered by the public schools and other programs licensed by the department.
History:
Laws 2011, ch. 126, § 1; 2019, ch. 48, § 23.
ANNOTATIONS
The 2019 amendment,
effective July 1, 2020, after "divided equally between", deleted "the public education department and the children, youth and families department" and added "programs administered by the public schools and other programs licensed by the department".
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 23 - Pre-Kindergarten › Section 32A-23-10 - Mixed delivery of pre-kindergarten programs.

Any money appropriated for pre-kindergarten programs shall be distributed for mixed delivery programming. The public education department shall access funds from the early childhood education and care department to support pre-kindergarten in the public education system. Pre-kindergarten funding transfers to public providers shall be processed through the public education department to those public providers that demonstrate adherence to standards developed by the department.
History:
Laws 2019, ch. 48, § 24.
ANNOTATIONS
Effective dates.
— Laws 2019, ch. 48, § 38 made Laws 2019, ch. 48, § 24 effective July 1, 2020.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 23A - Early Childhood Care and Education › Section 32A-23A-1 - Short title.

Chapter 32A, Article 23A NMSA 1978 may be cited as the "Early Childhood Care and Education Act".
History:
Laws 2011, ch. 123, § 1; 2019, ch. 48, § 25.
ANNOTATIONS
The 2019 amendment,
effective July 1, 2020, changed "This act" to "Chapter 32A, Article 23A NMSA 1978".
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 23A - Early Childhood Care and Education › Section 32A-23A-2 - Definitions.

As used in the Early Childhood Care and Education Act:
A. "department" means the early childhood education and care department;
B. "early childhood" means the period of a person's life from birth to age five;
C. "fund" means the early childhood care and education fund; and
D. "secretary" means the secretary of early childhood education and care.
History:
Laws 2011, ch. 123, § 2; 2019, ch. 48, § 26.
ANNOTATIONS
The 2019 amendment,
effective July 1, 2020, deleted the definitions of "council" and "pre-kindergarten", and revised certain definitions as used in the Early Childhood Care and Education Act; deleted former Subsection A, which defined "council", and redesignated former Subsections B through D as Subsections A through C, respectively; in Subsection A, after "means the", deleted "children, youth and families" and added "early childhood education and care"; deleted Subsection E and redesignated former Subsection F as Subsection D; and in Subsection D, after "secretary of", deleted "children, youth and families" and added "early childhood education and care".
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 23A - Early Childhood Care and Education › Section 32A-23A-3 - Findings and purpose.

A. The legislature finds that an early childhood care and education system is vital in ensuring that every New Mexico child is eager to learn and ready to succeed by the time that child enters kindergarten, that high-quality early learning experiences have been proven to prepare children for success in school and later in life and that cost-benefit research demonstrates a high return on investment for money spent on early childhood care and education for at-risk children.
B. The legislature further finds that, to be successful, an early childhood care and education system should be:
(1) developmentally, culturally and linguistically appropriate and include the implementation of program models, standards and curriculum based on research and best practices;
(2) data-driven, including the identification and prioritization of communities most at risk while striving to make the system universally available to all those who wish to participate;
(3) accountable through developmentally appropriate methods of measuring, reporting and tracking a child's growth and development and the improvement of the system's programs;
(4) accessible, especially to those children most at risk for school failure;
(5) of the highest possible quality through the utilization of qualified practitioners who have completed specialized training in early childhood growth, development and learning that is specific to the practitioner's role in the system and the maintenance of quality rating methods for the programs in the system;
(6) fully aligned within each community to ensure the most efficient and effective use of resources by combining funding sources and supporting seamless transitions for children within the system and for children transitioning into kindergarten;
(7) family-centered by recognizing that parents are the first and most important teachers of their children and providing the support and referrals necessary for parents to assume this critical role in their child's development; and
(8) a partnership between the state and private individuals or institutions with an interest or expertise in early childhood care and education.
C. The purpose of the Early Childhood Care and Education Act is to establish a comprehensive early childhood care and education system through an aligned continuum of state and private programs, including home visitation, early intervention, child care, early head start, head start, early childhood special education, family support and pre-kindergarten, and to maintain or establish the infrastructure necessary to support quality in the system's programs.
History:
Laws 2011, ch. 123, § 3.
ANNOTATIONS
Effective dates.
— Laws 2011, ch. 123 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 17, 2011, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 23A - Early Childhood Care and Education › Section 32A-23A-4 - Repealed.

History:
Laws 2011, ch. 123, § 4; repealed by Laws 2011, ch. 123, § 7.
ANNOTATIONS
Repeals.
— Laws 2011, ch. 123, § 7 repealed 32A-23A-4 NMSA 1978, as enacted by Laws 2011, ch. 123, § 4, relating to state early learning advisory council creation and membership, effective July 1, 2018. For provisions of former section,
see
the 2017 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 23A - Early Childhood Care and Education › Section 32A-23A-6 - Early childhood care and education fund; created; purpose; administration; grant applications.

A. The "early childhood care and education fund" is created as a nonreverting fund in the state treasury. The fund shall be administered by the department and shall consist of gifts, grants, donations and bequests made to the fund.
B. Money in the fund is subject to appropriation by the legislature to the department for awarding grants to the council and early childhood care and education providers for carrying out the provisions of the Early Childhood Care and Education Act.
C. The department shall adopt rules on qualifications for grants and specify the format, procedure and deadlines for grant applications. For grants to early childhood care and education providers, the council shall review all grant applications and submit those applications recommended for final approval to the secretary.
D. Disbursements from the fund shall be made upon vouchers issued and signed by the secretary or the secretary's designee upon warrants drawn by the secretary of finance and administration.
History:
Laws 2011, ch. 123, § 6.
ANNOTATIONS
Effective dates.
— Laws 2011, ch. 123 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 17, 2011, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 23A - Early Childhood Care and Education › Section 32A-23A-7 - Termination of agency life; delayed repeal.

The council is terminated on July 1, 2017 pursuant to the provisions of the Sunset Act [12-9-11 to 12-9-21 NMSA 1978]. The council shall continue to operate pursuant to the provisions of Sections 4 [32A-23A-4 NMSA 1978] and 5 [32A-23A-5 NMSA 1978] of the Early Childhood Care and Education Act until July 1, 2018. Effective July 1, 2018, Section 4 of the Early Childhood Care and Education Act is repealed.
History:
Laws 2011, ch. 123, § 7.
ANNOTATIONS
Effective dates.
— Laws 2011, ch. 123 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 17, 2011, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 23B - Home Visiting Accountability › Section 32A-23B-1 - Short title.

Chapter 32A, Article 23B NMSA 1978 may be cited as the "Home Visiting Accountability Act".
History:
Laws 2013, ch. 118, § 1; 2019, ch. 48, § 27.
ANNOTATIONS
The 2019 amendment,
effective July 1, 2020, changed "This act" to "Chapter 32A, Article 23B NMSA 1978".
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 23C - Early Childhood Care Accountability › Section 32A-23C-1 - Short title.

This act [32A-23C-1 to 32A-23C-5 NMSA 1978] may be cited as the "Early Childhood Care Accountability Act".
History:
Laws 2018, ch. 44, § 1.
ANNOTATIONS
Effective dates.
— Laws 2018, ch. 44 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 16, 2018, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 23C - Early Childhood Care Accountability › Section 32A-23C-2 - Definitions.

As used in the Early Childhood Care Accountability Act:
A. "child care assistance" means the assistance administered by the department that provides child care through the child care assistance program for school-aged children as the primary service delivery strategy through a contract with the department that offers services based on income and need for care to parents with children who are school-aged, as department rules define "school-aged";
B. "culturally and linguistically appropriate" means taking into consideration the culture, customs and language of an eligible family;
C. "early childhood care assistance" means assistance administered by the department that provides child care through the child care assistance program for children under five years of age as the primary service delivery strategy through a contract with the department and that offers services based on income criteria and need for care to parents with children who have not yet entered kindergarten;
D. "eligible family" means a family that receives early childhood care assistance or child care assistance through the department;
E. "licensed child care program" means a publicly or privately funded program that:
(1) provides child care in the state in accordance with department standards to school-aged children, as department rules define "school-aged"; and
(2) is licensed by the department;
F. "licensed early childhood care program" means a publicly or privately funded program that provides child care in accordance with department standards to children under five years of age in the state and that is licensed by the department; and
G. "licensed exempt child care program" means a child care home or facility that is exempt from child care licensing requirements pursuant to the Public Health Act [Chapter 24, Article 1 NMSA 1978].
History:
Laws 2018, ch. 44, § 2.
ANNOTATIONS
Effective dates.
— Laws 2018, ch. 44 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 16, 2018, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 23C - Early Childhood Care Accountability › Section 32A-23C-4 - Licensed early childhood care programs; reporting.

Beginning December 31, 2019 and annually thereafter, the department shall produce an annual outcomes report for the legislature and the governor that includes:
A. the goals and achieved outcomes of the licensed early childhood care program standards implemented pursuant to the Early Childhood Care Accountability Act; and
B. the following data:
(1) the number of substantiated incidents and substantiated complaints received for each licensed early childhood care program rating level;
(2) the income levels of eligible families statewide receiving early childhood care assistance;
(3) the stated reasons that eligible families have applied for early childhood care assistance;
(4) the percentage of children receiving early childhood care assistance by quality level and provider type;
(5) the average annual enrollment in early childhood care assistance;
(6) the percentage of children participating in early childhood care assistance who have one or more substantiated child abuse cases while participating in early childhood care assistance;
(7) by rating level, any evidence of an increase in school readiness, child development and literacy among children receiving early childhood care assistance;
(8) the number and type of licensed early childhood care programs statewide;
(9) the capacity in licensed early childhood care programs by rating level;
(10) the number of children enrolled in licensed early childhood care programs who participate in the child and adult care food program;
(11) the percentage of children enrolled in licensed early childhood care programs receiving health and developmental screenings or assessments in accordance with department rules; and
(12) the percentage of children enrolled in licensed early childhood care programs who have received health or developmental screenings or assessments as department rules require who are referred to services.
History:
Laws 2018, ch. 44, § 4.
ANNOTATIONS
Effective dates.
— Laws 2018, ch. 44 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 16, 2018, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 23C - Early Childhood Care Accountability › Section 32A-23C-5 - Applicability.

The provisions of this act [32A-23C-1 to 32A-23C-5 NMSA 1978] shall not be construed to apply to the licensure or regulation of child care assistance, any licensed child care program or licensed exempt child care program.
History:
Laws 2018, ch. 44, § 5.
ANNOTATIONS
Effective dates.
— Laws 2018, ch. 44 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 16, 2018, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 24 - Child Helmet Safety › Section 32A-24-1 - Short title.

This act [Chapter 32A, Article 24 NMSA 1978] may be cited as the "Child Helmet Safety Act".
History:
Laws 2007, ch. 66, § 1.
ANNOTATIONS
Effective dates.
— Laws 2007, ch. 66, § 6 made the act effective July 1, 2007.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 24 - Child Helmet Safety › Section 32A-24-3 - Helmet use requirements; civil penalty.

A. It is unlawful for a parent or legal guardian of a minor to knowingly permit that minor to operate or be a passenger on a bicycle, skates, scooter or skateboard unless that minor wears a well-fitted protective bicycle helmet, fastened securely upon the head with the straps of the helmet.
B. Except as provided in Subsection C of this section, a parent or legal guardian found guilty of violating Subsection A of this section shall pay a civil penalty of not more than ten dollars ($10.00). Magistrate and municipal courts shall have concurrent jurisdiction.
C. If a violation of Subsection A of this section is a first offense, the magistrate or municipal court may issue a verbal warning or require, in lieu of the fine imposed in Subsection B of this section, that the person found in violation provide proof that a protective helmet has been purchased for use by the minor found on the bicycle, skates, scooter or skateboard without a protective helmet.
D. A municipal court may issue only a verbal warning for a first or later violation.
History:
Laws 2007, ch. 66, § 3.
ANNOTATIONS
Effective dates.
— Laws 2007, ch. 66, § 6 made the act effective July 1, 2007.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 24 - Child Helmet Safety › Section 32A-24-4 - Equipment sales or rentals.

A person engaged in the business of renting bicycles, skates, scooters or skateboards shall provide a protective helmet to a minor who will be an operator of or passenger on a rented bicycle, skates, scooter or skateboard if the minor does not already have a helmet in the minor's possession. A reasonable fee may be charged for the protective helmet rental.
History:
Laws 2007, ch. 66, § 4.
ANNOTATIONS
Effective dates.
— Laws 2007, ch. 66, § 6 made the act effective July 1, 2007.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 24 - Child Helmet Safety › Section 32A-24-5 - Negligence.

Failure to wear a protective helmet shall not limit or apportion damages.
History:
Laws 2007, ch. 66, § 5.
ANNOTATIONS
Effective dates.
— Laws 2007, ch. 66, § 6 made the act effective July 1, 2007.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 25 - Carlos Vigil Memorial › Section 32A-25-1 - Short title.

This act [32A-25-1 to 32A-25-5 NMSA 1978] may be cited as the "Carlos Vigil Memorial Act" in honor of Carlos Vigil.
History:
Laws 2015, ch. 132, § 1.
ANNOTATIONS
Effective dates.
— Laws 2015, ch. 132 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 19, 2015, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 25 - Carlos Vigil Memorial › Section 32A-25-2 - Purposes.

The purposes of the Carlos Vigil Memorial Act are to:
A. cultivate a statewide culture where bullying is not accepted;
B. educate New Mexicans about recognizing bullying behaviors and understanding the potential consequences of bullying; and
C. provide grants for providers of services and programs for the prevention, resolution and eradication of bullying statewide.
History:
Laws 2015, ch. 132, § 2.
ANNOTATIONS
Effective dates.
— Laws 2015, ch. 132 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 19, 2015, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 25 - Carlos Vigil Memorial › Section 32A-25-3 - Carlos Vigil memorial board; created.

A. The "Carlos Vigil memorial board" is created to review grant applications and to award grants from the eradicate bullying fund.
B. The board consists of five voting members who together provide diverse experience and expertise in:
(1) administering or delivering services in an organization focused on preventing bullying or suicide;
(2) administering or delivering services in an organization focused on providing counseling and support services to victims and perpetrators of bullying;
(3) professional development workshops on the topic of bullying or suicide prevention;
(4) coalescing and leading communities; or
(5) administering or delivering public health services.
C. Board appointments shall be as follows:
(1) one member shall be appointed by the president pro tempore of the senate;
(2) one member shall be appointed by the minority floor leader of the senate;
(3) one member shall be appointed by the speaker of the house of representatives;
(4) one member shall be appointed by the minority floor leader of the house of representatives; and
(5) one member shall be appointed by the governor from department of health staff.
D. The chair of the board shall be elected by a quorum of the board members. The board shall meet at the call of the chair or whenever two members submit a request in writing to the chair, but not less often than once each calendar year. A majority of members constitutes a quorum for the transaction of business. The affirmative vote of a majority of a quorum present shall be necessary for an action to be taken by the board.
E. Members of the board shall be appointed to two-year terms. Vacancies shall be filled by appointment by the governor for the remainder of the unexpired term. Any member of the board shall be eligible for reappointment.
F. Public members of the board may be paid per diem and mileage as provided for nonsalaried officers in the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978] but shall receive no other compensation, perquisite or allowance.
History:
Laws 2015, ch. 132, § 3.
ANNOTATIONS
Effective dates.
— Laws 2015, ch. 132 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 19, 2015, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 25 - Carlos Vigil Memorial › Section 32A-25-4 - Carlos Vigil memorial board; duties.

The Carlos Vigil memorial board shall:
A. adopt and promulgate rules governing the acceptance, evaluation and prioritization of applications for grants, including applicant qualifications and the format, procedure and deadlines for grant applications;
B. review grant applications from public agencies and institutions and nonprofit private entities that indicate the qualifications and expertise to provide services for the prevention, resolution and eradication of bullying;
C. process, evaluate and prioritize applications based on the criteria delineated in the board's rules; and
D. award grants to the most qualified grant applicants and reach a broad spectrum of New Mexicans.
History:
Laws 2015, ch. 132, § 4.
ANNOTATIONS
Effective dates.
— Laws 2015, ch. 132 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 19, 2015, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 25 - Carlos Vigil Memorial › Section 32A-25-5 - Eradicate bullying fund created; grant application review.

A. The "eradicate bullying fund" is created in the state treasury. The fund shall be administered by the board of regents of the university of New Mexico. Money in the fund is appropriated to the board of regents of the university of New Mexico for disbursement to grant recipients selected by the Carlos Vigil memorial board.
B. The fund shall consist of:
(1) money appropriated by the legislature to carry out the purposes of the Carlos Vigil Memorial Act;
(2) grants, gifts, donations and bequests to the fund; and
(3) earnings from investment of the money in the fund.
C. Disbursements from the fund shall be made by warrant of the secretary of finance and administration pursuant to vouchers signed by the president of the board of regents of the university of New Mexico or the president's designee.
D. Unexpended and unencumbered balances in the fund shall not revert to the general fund at the end of a fiscal year.
E. An applicant may apply for a grant from the fund in accordance with rules promulgated by the Carlos Vigil memorial board. Allocations from the fund shall be based on a competitive process with applications reviewed by the board.
History:
Laws 2015, ch. 132, § 5.
ANNOTATIONS
Effective dates.
— Laws 2015, ch. 132 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 19, 2015, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 26 - Fostering Connections › Section 32A-26-1 - Short title.

Chapter 32A, Article 26 NMSA 1978 may be cited as the "Fostering Connections Act".
History:
Laws 2019, ch. 149, § 1; 2020, ch. 52, § 3.
ANNOTATIONS
The 2020 amendment,
effective May 20, 2020, changed "Sections 1 through 10 of this act" to "Chapter 32A, Article 26 NMSA 1978".
Temporary provisions.
— Laws 2019, ch. 149, § 14 provided:
A. By October 1, 2020, the children, youth and families department shall:
(1) submit an amendment to the state plan to seek federal funding for newly eligible adults for whom an adoption subsidy or a guardianship assistance agreement was in effect if the child had attained sixteen years of age before the agreement became effective or for whom a state-funded guardianship assistance agreement was in effect if the youth had attained sixteen years of age before the agreement became effective;
(2) implement the fostering connections program pursuant to the provisions of the Fostering Connections Act and maximize the children, youth and families department's access to federal funds for extended guardianship assistance and extended adoption assistance for the benefit of eligible adults participating in the fostering connections program; and
(3) adopt and promulgate rules as needed to carry out the provisions of the Fostering Connections Act.
B. As used in this section, "eligible adult" means an individual who meets the eligibility criteria for participating in the fostering connections program.
Laws 2019, ch. 149, § 15 provided that the secretary of children, youth and families shall convene a work group composed of experts in children's services and juvenile justice to collect information and make recommendations on including in the fostering connections program youth who have been adjudicated under the Delinquency At. The work group shall examine and report to the secretary of children, youth and families and the legislature by November 1, 2019;
A. the potential number of young adults who could be included in the fostering connections program;
B. the processes by which young adults eligible to participate in the fostering connections program could be identified;
C. procedures for assisting young adults to become eligible for the fostering connections program; and
D. the potential placement and service array that would be required for including young adults who have been adjudicated under the Delinquency Act in the fostering connections program.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 26 - Fostering Connections › Section 32A-26-7 - Fostering connections program; children's court petition; jurisdiction; contents; program file.

A. An eligible adult participating in the fostering connections program shall remain under the jurisdiction of the children's court while participating in the program. The eligible adult is the eligible adult's own legal custodian.
B. Within fifteen days after the voluntary services and support agreement is executed, the department shall file a petition initiating proceedings pursuant to the Fostering Connections Act that shall be entitled, "In the Matter of . . . . . . . . . , an eligible adult", and shall set forth with specificity:
(1) the name, birth date and residence of the eligible adult; and
(2) the facts necessary to invoke the jurisdiction of the court.
C. A petition filed pursuant to Subsection B of this section shall be accompanied by a copy of the eligible adult's voluntary services and support agreement and transition plan.
D. There shall be no interruption in the foster care maintenance payment, housing, medical assistance coverage or case management for an eligible adult who is eligible and chooses to participate in the fostering connections program immediately following the termination of children's court jurisdiction at age eighteen.
E. At the inception of a fostering connections proceeding, the court shall appoint an attorney to represent the eligible adult. If the eligible adult consents, the attorney who previously served as the eligible adult's attorney may be appointed.
F. Until excused by a court, an attorney appointed to represent an eligible adult shall represent the eligible adult in any subsequent appeals.
G. A hearing held pursuant to the Fostering Connections Act shall be commenced within ninety days of the filing of the petition, at which time the court shall review the voluntary services and support agreement and determine whether the agreement is in the best interests of the eligible adult and the transition plan meets the requirements of the Fostering Connections Act.
History:
Laws 2019, ch. 149, § 7; 2020, ch. 52, § 9.
ANNOTATIONS
The 2020 amendment,
effective May 20, 2020, required the court, in a hearing held pursuant to the Fostering Connections Act, to determine whether the transition plan meets the requirements of the act; in Subsection C, added "transition" preceding "plan"; in Subsection F, deleted "Unless" and added "Until"; and in Subsection G, after "best interests of the eligible adult", added "and the transition plan meets the requirements of the Fostering Connections Act".
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 26 - Fostering Connections › Section 32A-26-9 - Discharge hearing.

A. At the last review hearing held prior to the eligible adult's twenty-first birthday, or prior to an eligible adult's discharge from the fostering connections program, the court shall review the eligible adult's transition plan and shall determine whether the department has made active efforts to implement the requirements of Subsection B of this section.
B. The court shall determine whether the department made active efforts to assist the eligible adult in effectuating each element of the transition plan.
C. If the court finds that the department has not made active efforts to assist the eligible adult in effectuating each element of the transition plan and that termination of jurisdiction would be harmful to the eligible adult, the court may continue to exercise its jurisdiction for a period not to exceed one year from the eligible adult's twenty-first birthday or the eligible adult's discharge from the fostering connections program; provided that the eligible adult consents to continued jurisdiction of the court. The court may dismiss the case for good cause at any time after the eligible adult's twenty-first birthday or the eligible adult's discharge from the fostering connections program.
History:
Laws 2019, ch. 149, § 9; 2020, ch. 52, § 11.
ANNOTATIONS
The 2020 amendment,
effective May 20, 2020, clarified duties of the children's court in determining whether the transition plan is being put into effect; in Subsection A, after "eligible adult's", deleted "twentieth" and added "twenty-first", and after "department has made", deleted "reasonable" and added "active"; in Subsection B, after "whether", added "the department has made active efforts to assist the eligible adult in effectuating each element of the transition plan", and deleted former Paragraphs B(1) through B(4); and in Subsection C, after "department has not made", deleted "reasonable efforts to meet all of the requirements of Subsection B of this section" and added "active efforts to assist the eligible adult in effectuating each element of the transition plan".
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 26 - Fostering Connections › Section 32A-26-11 - Administrative appeals.

A young adult may appeal an adverse eligibility determination in accordance with rules promulgated by the department. The department shall provide the young adult, in the young adult's primary language, with clear and developmentally appropriate verbal and written information concerning the administrative appeal process.
History:
Laws 2020, ch. 52, § 13.
ANNOTATIONS
Effective dates.
— Laws 2020, ch. 52 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 20, 2020, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 26 - Fostering Connections › Section 32A-26-12 - Duties of the department.

A. The department shall notify every child in its custody about the fostering connections program beginning when the child attains sixteen years of age and at every transition planning meeting thereafter.
B. Prior to attaining seventeen years and six months of age, every child in the custody of the department shall be provided detailed information about the fostering connections program and given the opportunity to develop a voluntary services and support agreement that would be finalized and executed upon the child attaining eighteen years of age.
History:
Laws 2020, ch. 52, § 14.
ANNOTATIONS
Effective dates.
— Laws 2020, ch. 52 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 20, 2020, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 27 - Family Representation and Advocacy › Section 32A-27-1 - Short title.

This act [32A-27-1 to 32A-27-8 NMSA 1978] may be cited as the "Family Representation and Advocacy Act".
History:
Laws 2022, ch. 51, § 1.
ANNOTATIONS
Compiler's notes.
— Laws 2022, ch. 51, § 1 was not enacted as part of the Children's Code, but was compiled there for the convenience of the user.
Effective dates.
— Laws 2022, ch. 51 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 18, 2022, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 27 - Family Representation and Advocacy › Section 32A-27-2 - Definitions.

As used in the Family Representation and Advocacy Act:
A. "at risk of being placed" means conditions within a child's family may require the child be removed from the custody of a parent, custodian or guardian and placed in the legal custody of the children, youth and families department;
B. "client" means:
(1) an eligible adult pursuant to the Fostering Connections Act [Chapter 32A, Article 26 NMSA 1978];
(2) a child who is, or is at risk of, being placed in the legal custody of the children, youth and families department; or
(3) a parent, custodian or guardian of a child who is, or is at risk of, being placed in the legal custody of the children, youth and families department;
C. "commission" means the family representation and advocacy commission that provides oversight of the office of family representation and advocacy;
D. "director" means the director of the office of family representation and advocacy; and
E. "office" means the office of family representation and advocacy.
History:
Laws 2022, ch. 51, § 2.
ANNOTATIONS
Compiler's notes.
— Laws 2022, ch. 51, § 2 was not enacted as part of the Children's Code, but was compiled there for the convenience of the user.
Effective dates.
— Laws 2022, ch. 51 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 18, 2022, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 27 - Family Representation and Advocacy › Section 32A-27-3 - Office created; duties.

A. The "office of family representation and advocacy" is created as an adjunct agency pursuant to Section 9-1-6 NMSA 1978 and shall be overseen by the commission.
B. The office shall:
(1) work closely with the children, youth and families department to leverage federal funding pursuant to Title IV-E of the federal Social Security Act; and
(2) appoint, compensate, evaluate and retain attorneys and other staff to provide legal representation for eligible adults under the Fostering Connections Act [Chapter 32A, Article 26 NMSA 1978] and for children and parents, custodians or guardians whose children are, or are at risk of being placed, in the legal custody of the children, youth and families department.
History:
Laws 2022, ch. 51, § 3.
ANNOTATIONS
Compiler's notes.
— Laws 2022, ch. 51, § 3 was not enacted as part of the Children's Code, but was compiled there for the convenience of the user.
Cross references.
— For the federal Social Security Act,
see
42 U.S.C.
Effective dates.
— Laws 2022, ch. 51 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 18, 2022, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 27 - Family Representation and Advocacy › Section 32A-27-4 - Duty of director to establish appellate division; duty of appellate division.

A. The director shall establish an appellate division within the office. The appellate division shall be led by a chief appellate attorney.
B. The appellate division shall assist the director by providing representation before the court of appeals and the supreme court in appellate proceedings involving persons represented pursuant to the Family Representation and Advocacy Act.
History:
Laws 2022, ch. 51, § 4.
ANNOTATIONS
Compiler's notes.
— Laws 2022, ch. 51, § 4 was not enacted as part of the Children's Code, but was compiled there for the convenience of the user.
Effective dates.
— Laws 2022, ch. 51 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 18, 2022, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 27 - Family Representation and Advocacy › Section 32A-27-5 - Duty of director to establish regional offices; appointment of regional managers.

A. The director shall establish at least five regional offices that align with the five regional offices of the children, youth and families department to accommodate all judicial districts that exist within the five regions. One regional office shall be located each in the northwest, northeast, southwest, southeast and the Bernalillo county metropolitan area.
B. The director shall appoint a regional manager in each region. The regional manager shall administer the operation of the region and shall serve at the pleasure of the director. Each regional manager shall reside in this state and shall be an attorney licensed to practice law in the highest courts of the state.
History:
Laws 2022, ch. 51, § 5.
ANNOTATIONS
Compiler's notes.
— Laws 2022, ch. 51, § 5 was not enacted as part of the Children's Code, but was compiled there for the convenience of the user.
Effective dates.
— Laws 2022, ch. 51 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 18, 2022, 90 days after adjournment of the legislature.