reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 3A - Voluntary Placement and Family Services › Section 32A-3A-10 - Voluntary placement; rights of parent.

A. have visitation with the child;
B. be informed of changes in the child's school or of changes in the child's placement by the department;
C. authorize decisions regarding medical and dental care and behavioral health services, including decisions that affect the daily care, support, safety and well-being of the child;
D. permit the department to consent to emergency services to ensure the safety and well-being of the child, including medical, dental or behavioral health treatment, if the department is unable to make immediate prior contact with the parent or guardian. The department shall notify the parent or guardian within two hours of making emergency decisions due to inability to make prior contact;
E. consent to all nonemergency and nonroutine medical care provided for the child;
F. make decisions regarding participation and attendance in cultural and religious events;
G. make decisions of substantial legal significance; and
H. serve as the educational decision maker unless the department determines that doing so would be contrary to the best interests of the child, in which case the foster parent or other substitute care provider will serve as the educational decision maker.
History:
1978 Comp., § 32A-3A-10, enacted by Laws 1993, ch. 77, § 72; 2023, ch. 90, § 9.
ANNOTATIONS
The 2023 amendment,
effective July 1, 2023, completely rewrote the section related to the rights of a parent or guardian whose child is in voluntary placement; in the introductory clause, deleted "Any parent, guardian or custodian whose child is in voluntary placement shall have the following rights with respect to the child:" and added "The parent or guardian whose child is in voluntary placement shall have the following rights to:"; and deleted former Subsections A through C and added new Subsections A through H.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Denial or restriction of visitation rights to parent charged with sexually abusing child, 1 A.L.R.5th 776.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 3A - Voluntary Placement and Family Services › Section 32A-3A-12 - Foster families; free admission to museums and state parks; camping passes; fishing licenses.

A. As provided in Subsection B of this section, foster parents and children in the custody of foster parents, young adults enrolled in the fostering connections program and children who are in the custody of the children, youth and families department or in tribal custody, who are residents of the state, shall be provided for free:
(1) admission to state-owned museums and state parks;
(2) a camping pass for up to three consecutive nights of overnight access to a state park; and
(3) a fishing license.
B. Eligibility for free admission shall be contingent on demonstration of proof of identity, residency and status as a foster parent, child in the custody of a foster parent, young adult enrolled in the fostering connections program or child in the custody of the children, youth and families department or in tribal custody in accordance with rules of the:
(1) cultural affairs department, for free day-use admission to state-owned museums;
(2) energy, minerals and natural resources department, for free day-use admission and camping passes to state parks; or
(3) state game commission, for fishing licenses.
History:
Laws 2019, ch. 132, § 1; 2023, ch. 135, § 1.
ANNOTATIONS
The 2023 amendment,
effective June 16, 2023, provided to foster families, enrollees of the fostering connections program and children in the custody of the children, youth and families department or in tribal custody free camping passes and fishing licenses and free admission to state-owned museums and state parks; in the section heading, added "camping passes; fishing licenses"; in the former introductory clause added "A. As provided in Subsection B of this section", added "young adults enrolled in the fostering connections program and children who are in the custody of the children, youth and families department or in tribal custody", and added new paragraph designations "(1), Paragraphs A(2) and A(3)"; add Subsection designation "B", and after "foster parent", added "young adult enrolled in the fostering connections program or child in the custody of the children, youth and families department or in tribal custody", and redesignated former Subsections A and B as Paragraphs B(1) and B(2), respectively, in Paragraph B(2), after "admission", added "and camping passes", and added Paragraph B(3).
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 3A - Voluntary Placement and Family Services › Section 32A-3A-14 - Notification to the department of noncompliance with a plan of care.

A. If the parents, relatives, guardians or caretakers of a child released from a hospital or freestanding birthing center pursuant to a plan of care fail to comply with that plan, the department shall be notified and the department may conduct a family assessment. Based on the results of the family assessment, the department may offer or provide referrals for counseling, training, or other services aimed at addressing the underlying causative factors that may jeopardize the safety or well-being of the child. The child's parents, relatives, guardians or caretakers may choose to accept or decline any service or program offered subsequent to the family assessment; provided that if the child's parents, relatives, guardians or caretakers decline those services or programs, the department may proceed with an investigation.
B. As used in this section, "family assessment" means a comprehensive assessment prepared by the department at the time the department receives notification of failure to comply with the plan of care to determine the needs of a child and the child's parents, relatives, guardians or caretakers, including an assessment of the likelihood of:
(1) imminent danger to a child's well-being;
(2) the child becoming an abused child or neglected child; and
(3) the strengths and needs of the child's family members, including parents, relatives, guardians or caretakers, with respect to providing for the health and safety of the child.
History:
Laws 2019, ch. 190, § 4.
ANNOTATIONS
Effective dates.
— Laws 2019, ch. 190 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.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 3A - Voluntary Placement and Family Services › Section 32A-3A-15 - Recompiled.

History:
Laws 2019, ch. 247, § 14; 1978 Comp., § 32A-3A-15, recompiled and amended as § 32A-1-22 by Laws 2023, ch. 90, § 3.
ANNOTATIONS
Recompilations.
— Laws 2023, ch. 90, § 3 recompiled and amended former 32A-3A-15 NMSA 1978 as 32A-1-22 NMSA 1978, effective July 1, 2023.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 3A - Voluntary Placement and Family Services › Section 32A-3A-17 - Conduct of hearings.

A. All hearings held pursuant to the Voluntary Placement and Family Services Act shall be closed to the general public.
B. Only the parties to a proceeding, their counsel and other persons approved by the court may be present at a closed hearing. Other persons the court finds to have a proper interest in the case or in the work of the court may be admitted by the court to closed hearings on the condition they refrain from divulging any information that would identify the child or family involved in the proceedings.
History:
Laws 2023, ch. 90, § 11.
ANNOTATIONS
Effective dates.
— Laws 2023, ch. 90, § 30 made Laws 2023, ch. 90, § 11 effective July 1, 2023.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 3A - Voluntary Placement and Family Services › Section 32A-3A-18 - Voluntary placement; placement.

A. If the department accepts legal custody of a child, the child shall be placed in the least restrictive setting that most closely approximates a family in which the child's special needs, if any, may be met. The child shall be placed within reasonable proximity to the child's home, taking into account any special needs of the child. Preference shall be given to placement with:
(1) a relative of the child;
(2) a licensed foster home or any home authorized by law for the provision of foster care or group care or use as a protective residence;
(3) a facility operated by a licensed child welfare services agency; or
(4) a facility provided for in the Children's Shelter Care Act.
B. The department shall provide the child with shelter in an appropriate facility, pursuant to the provisions of Section 32A-3B-6 NMSA 1978, that is located as close as possible to the child's residence. The child shall not be held in a jail or other facility intended or used for the incarceration of adults charged or convicted of criminal offenses or a facility for the detention of children alleged to be or adjudicated as delinquent children.
C. If the child is placed in an evaluation facility or out-of-home treatment or rehabilitation program, the child shall be admitted pursuant to the provisions of Sections 32A-6A-19 through 32A-6A-22 NMSA 1978.
D. The department shall make reasonable efforts to place siblings in custody by court order or voluntary placement agreement together, unless such joint placement would be contrary to the safety or well-being of any of the siblings in custody, and whether any siblings not jointly placed have been provided reasonable visitation or other ongoing interaction, unless visitation or other ongoing interaction would be contrary to the safety or well-being of any of the siblings.
History:
Laws 2023, ch. 90, § 12.
ANNOTATIONS
Effective dates.
— Laws 2023, ch. 90, § 30 made Laws 2023, ch. 90, § 12 effective July 1, 2023.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 3A - Voluntary Placement and Family Services › Section 32A-3A-19 - Financial subsidies; eligibility.

A. Prior to a guardianship being granted pursuant to the Kinship Guardianship Act [Chapter 40, Article 10B NMSA 1978] or the Abuse and Neglect Act [Chapter 32A, Article 4 NMSA 1978] and in order to be eligible for guardianship assistance payments, the following conditions shall be satisfied:
(1) the child shall be in the custody of the department and have been removed from the child's home:
(a) pursuant to a voluntary placement agreement; or
(b) as a result of a judicial determination that the placement and care of the child should be vested in the department;
(2) the child shall be eligible for foster care maintenance payments while in the home of the prospective guardian;
(3) the child shall have been placed by the department and shall have lived with the prospective guardian for at least six consecutive months following the prospective guardian's licensure as a foster parent;
(4) the child has a strong attachment to the prospective guardian and the prospective guardian is a relative or fictive kin of the child;
(5) the prospective guardian has a strong commitment to caring permanently for the child, documented via a meeting held prior to the proposed guardianship between the prospective guardian and the department discussing the prospective guardian's long-term commitment;
(6) if the child is fourteen years of age or older, the child has been consulted by the department and consents to the guardianship arrangement; and
(7) a fully executed guardianship assistance agreement is approved by the department; or
(8) the child is a sibling of a child who meets the eligibility criteria set forth in this subsection.
B. The department shall promulgate rules for guardianship assistance payments and payment of nonrecurring expenses.
History:
Laws 2023, ch. 90, § 13.
ANNOTATIONS
Effective dates.
— Laws 2023, ch. 90, § 30 made Laws 2023, ch. 90, § 13 effective July 1, 2023.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 3A - Voluntary Placement and Family Services › Section 32A-3A-20 - Financial subsidies; nonrecurring expenses.

Nonrecurring expenses incurred by a prospective guardian associated with establishing a subsidized guardianship may be reimbursed for each eligible child, up to an amount established by the department, and also for any of an eligible child's siblings.
History:
Laws 2023, ch. 90, § 14.
ANNOTATIONS
Effective dates.
— Laws 2023, ch. 90, § 30 made Laws 2023, ch. 90, § 14 effective July 1, 2023.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 3A - Voluntary Placement and Family Services › Section 32A-3A-21 - Financial subsidies; guardianship assistance agreement.

A. In order for a prospective guardian to receive guardianship assistance payments, the department shall negotiate and enter into a written guardianship assistance agreement before the guardianship is finalized with the prospective guardian of an eligible child. The agreement shall specify the following:
(1) the amount of and manner in which guardianship assistance payments will be provided;
(2) additional services and assistance for which the child and the prospective guardian will be eligible;
(3) a procedure by which the prospective guardian may apply for additional services;
(4) the responsibility of the prospective guardian to report changes in the needs of the child or the circumstances of the prospective guardian that affect guardianship assistance payments;
(5) reasonable and verified nonrecurring expenses associated with establishing a subsidized guardianship pursuant to the provisions of Section 14 of this 2023 act; and
(6) terms by which the guardianship assistance agreement may be terminated and the ability of the department to recoup funds received due to improper payment.
B. A copy of the fully executed guardianship assistance agreement shall be given to the prospective guardian and to the department.
History:
Laws 2023, ch. 90, § 15.
ANNOTATIONS
Effective dates.
— Laws 2023, ch. 90, § 30 made Laws 2023, ch. 90, § 15 effective July 1, 2023.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 3A - Voluntary Placement and Family Services › Section 32A-3A-22 - Financial subsidies; successor guardians.

A. In order for a successor guardian to be eligible for guardianship assistance payments if the successor guardian serves as guardian in the event the guardian dies or is incapacitated, the successor guardian shall be named in the guardianship assistance agreement and any amendments thereto.
B. The department may pay the cost of nonrecurring expenses associated with the successor guardian obtaining a subsidized guardianship of the child, up to an amount established by the department.
C. The successor guardian does not need to be a relative and does not need to be licensed as a foster parent to receive guardianship assistance payments.
History:
Laws 2023, ch. 90, § 16.
ANNOTATIONS
Effective dates.
— Laws 2023, ch. 90, § 30 made Laws 2023, ch. 90, § 16 effective July 1, 2023.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 3A - Voluntary Placement and Family Services › Section 32A-3A-23 - Financial subsidies; discontinuance of guardianship assistance payments.

A. The department shall immediately discontinue guardianship assistance payments when the department is advised or determines a child or guardian no longer meets the criteria to be eligible for guardianship assistance payments.
B. The department shall notify the guardian in writing of a discontinuation of guardianship assistance payments and the reasons for discontinuation.
C. The discontinuance of guardianship assistance payments does not terminate a guardianship or a guardian's legal responsibility that has been established by a court.
History:
Laws 2023, ch. 90, § 17.
ANNOTATIONS
Effective dates.
— Laws 2023, ch. 90, § 30 made Laws 2023, ch. 90, § 17 effective July 1, 2023.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 3A - Voluntary Placement and Family Services › Section 32A-3A-24 - Financial subsidies; administrative appeal of decisions.

A child or prospective guardian may appeal a decision by the department to establish, deny, reduce or discontinue guardianship assistance payments within thirty days of the department's decision.
History:
Laws 2023, ch. 90, § 18.
ANNOTATIONS
Effective dates.
— Laws 2023, ch. 90, § 30 made Laws 2023, ch. 90, § 18 effective July 1, 2023.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 3A - Voluntary Placement and Family Services › Section 32A-3A-25 - Department duties; rulemaking.

The department shall promulgate rules as necessary to implement the provisions of the Voluntary Placement and Family Services Act.
History: Laws 2023, ch. 90, § 19.
ANNOTATIONS
Effective dates.
— Laws 2023, ch. 90, § 30 made Laws 2023, ch. 90, § 19 effective July 1, 2023.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 3B - Families in Need of Court-Ordered Services › Section 32A-3B-1 - Short title; purpose.

A. Chapter 32A, Article 3B NMSA 1978 may be cited as the "Family in Need of Court-Ordered Services Act".
B. The Family in Need of Court-Ordered Services Act shall be interpreted and construed to effectuate the following expressed legislative purposes:
(1) through court intervention, to provide services for a family in need of services when voluntary services have been exhausted; and
(2) to recognize that many instances of truancy and running away by a child are symptomatic of a family in need of services and that in some family situations the child and parent are unable to share a residence.
History:
1978 Comp., § 32A-3B-1, enacted by Laws 1993, ch. 77, § 73; 2005, ch. 189, § 29.
ANNOTATIONS
The 2005 amendment,
effective June 17, 2005, stated the title of the act in Subsection A and deleted the former statement that the purpose of the act is to determine whether learning problems are a cause of a child's absence form school and the steps to overcome the learning problems.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 3B - Families in Need of Court-Ordered Services › Section 32A-3B-2 - Definitions.

As used in Chapter 32A, Article 3B NMSA 1978, "family in need of court-ordered services" means the child or the family has refused family services or the department has exhausted appropriate and available family services and court intervention is necessary to provide family services to the child or family and it is a family:
A. whose child, subject to compulsory school attendance, is absent from school without an authorized excuse more than ten days during a school year;
B. whose child is absent from the child's place of residence for a time period of twelve hours or more without consent of the child's parent, guardian or custodian;
C. whose child refuses to return home and there is good cause to believe that the child will run away from home if forced to return to the parent, guardian or custodian;
D. in which the child's parent, guardian or custodian refuses to allow the child to return home and a petition alleging neglect of the child is not in the child's best interests; or
E. whose child is:
(1) alleged to be engaged in an act that would be designated as prostitution if committed by an adult; or
(2) a victim of human trafficking as defined in Section 30-52-1 NMSA 1978.
History:
1978 Comp., § 32A-3B-2, enacted by Laws 1993, ch. 77, § 74; 2007, ch. 185, § 1; 2009, ch. 193, § 5; 2019, ch. 101, § 2.
ANNOTATIONS
Cross references.
— For assistance of law enforcement in locating a runaway,
see
32A-1-21 NMSA 1978.
The 2019 amendment,
effective June 14, 2019, revised the definition of "family in need of court-ordered services" to include a family whose child is alleged to be engaged in prostitution or is a victim of human trafficking; and added Subsection E.
The 2009 amendment,
effective June 19, 2009, in Subsection A, after "during a school", changed "semester" to "year".
The 2007 amendment,
effective June 15, 2007, reduced the time period in Subsection B from 24 to 12 hours.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 3B - Families in Need of Court-Ordered Services › Section 32A-3B-3 - Protective custody; interference with protective custody; penalty.

A. A child may be taken into protective custody by a law enforcement officer without a court order when the officer has reasonable grounds to believe that the child:
(1) has run away from the child's parent, guardian or custodian;
(2) without parental supervision is suffering from illness or injury;
(3) has been abandoned;
(4) is endangered by the child's surroundings and removal from those surroundings is necessary to ensure the child's safety;
(5) is engaged in an act that would be designated as prostitution if committed by an adult; or
(6) is a victim of human trafficking as defined in Section 30-52-1 NMSA 1978.
B. A child may be taken into protective custody pursuant to a court order issued after an agency legally charged with the supervision of the child has notified a law enforcement agency that the child has run away from a placement.
C. When a child is taken into protective custody, the department shall make a reasonable effort to determine whether the child is an Indian child.
D. Any person, other than the child taken into protective custody, who interferes with placing the child in protective custody is guilty of a petty misdemeanor and shall be sentenced pursuant to the provisions of Section 31-19-1 NMSA 1978.
History:
1978 Comp., § 32A-3B-3, enacted by Laws 1993, ch. 77, § 75; 2019, ch. 101, § 3.
ANNOTATIONS
The 2019 amendment,
effective June 14, 2019, authorized a child to be taken into protective custody by a law enforcement officer without a court order when the officer has reasonable grounds to believe that the child is engaged in prostitution or is a victim of human trafficking; and in Subsection A, added Paragraphs A(5) and A(6).
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 3B - Families in Need of Court-Ordered Services › Section 32A-3B-4 - Protective custody; restrictions; time limitations.

A. A law enforcement officer who takes a child into protective custody shall, with all reasonable speed:
(1) inform the child of the reasons for the protective custody; and
(2) contact the department.
B. When the department is contacted by a law enforcement officer who has taken a child into protective custody, the department shall refer the child to community based services and may:
(1) accept custody of the child and designate an appropriate placement in the community for the child; or
(2) return the child to the child's parent, guardian or custodian if the child's safety is assured.
C. A child taken into protective custody shall not be placed in or transported in a law enforcement vehicle or any other vehicle that contains an adult placed under arrest, unless circumstances exist in which any delay in transporting the child to an appropriate facility would be likely to result in substantial danger to the child's physical safety. When such circumstances exist, the circumstances shall be described in writing by the driver of the vehicle and submitted to the driver's supervisor within two days after the driver transported the child.
D. A child taken into protective custody shall not be held involuntarily for more than two days, unless a petition to extend the custody is filed pursuant to the provisions of the Family in Need of Court-Ordered Services Act or the Abuse and Neglect Act.
E. When a petition is filed or any time thereafter, the children's court or district court may issue an ex-parte custody order based upon a sworn written statement of facts showing that probable cause exists to believe that protective custody of the child is necessary.
F. The protective custody order shall be served on the respondent by a person authorized to serve arrest warrants and shall direct the law enforcement officer to take custody of the child and deliver the child to a place designated by the court.
G. The Rules of Evidence do not apply to the issuance of an ex-parte custody order.
History:
1978 Comp., § 32A-3B-4, enacted by Laws 1993, ch. 77, § 76; 2005, ch. 189, § 30; 2019, ch. 101, § 4.
ANNOTATIONS
Cross references.
— For the applicability of the Rules of Evidence,
see
Rule 11-1101 NMRA.
The 2019 amendment,
effective June 14, 2019, required the children, youth and families department, when contacted by a law enforcement officer who has taken a child into protective custody, to refer the child to community based services, and made certain technical changes; and in Subsection B, added "shall refer the child to community based services and", and in Paragraph B(1), deleted "facility in which to place" and added "placement in the community for".
The 2005 amendment,
effective June 17, 2005, changed "forty-eight hours" to "two days" in Subsections C and D.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 3B - Families in Need of Court-Ordered Services › Section 32A-3B-5 - Notification to family; release from protective custody.

A. When the department takes a child into protective custody and the child is not released to the child's parent, guardian or custodian, the department shall provide written notice as soon as possible, and in no case later than twenty-four hours, to the child's parent, guardian or custodian, with a statement of the reasons for taking the child into protective custody.
B. When the department releases a child placed in protective custody to the family, the department shall refer the family for voluntary family services.
C. When the department releases a child from protective custody and the child's parent, guardian or custodian refuses to allow the child to return home, the department shall file a petition pursuant to the provisions of the Abuse and Neglect Act [Chapter 32A, Article 4 NMSA 1978].
D. If the department is not releasing the child to the parent, guardian or custodian within two days, the department shall notify the tribe if the child is an Indian child.
History:
1978 Comp., § 32A-3B-5, enacted by Laws 1993, ch. 77, § 77; 2005, ch. 189, § 31.
ANNOTATIONS
The 2005 amendment,
effective June 17, 2005, added Subsection D to provide that if the department is not releasing the child to the parent, guardian or custodian within two days, the department shall notify the tribe if the child is an Indian child.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 3B - Families in Need of Court-Ordered Services › Section 32A-3B-6 - Place of custody.

A. Unless a child from a family in need of services who has been placed in department custody is also alleged or adjudicated delinquent:
(1) the child shall not be held in a jail or other facility intended or used for the incarceration of adults charged with criminal offenses or for the detention of children alleged to be delinquent children; and
(2) there shall be a preference that the child be placed in the home of a relative of the child when a relative is available to provide foster care; provided that:
(a) placement with a relative is in the best interest of the child;
(b) the relative signs a sworn statement that the relative will not return the child to or allow unsupervised visits with the parent, guardian or custodian who is alleged to have committed the abuse or neglect until otherwise directed by the department or the court; and
(c) within three days of accepting custody of the child, the relative completes an application form for licensure to operate a foster home pursuant to the Children's Code.
B. The department shall make reasonable efforts to locate a relative of the child to provide foster care. If a relative is not available to provide foster care, the child may be placed in:
(1) a licensed foster home or any home authorized under the law for the provision of foster care or group care or use as a protective residence;
(2) a facility operated by a licensed child welfare services agency; or
(3) a facility provided for in the Children's Shelter Care Act [32A-9-1 to 32A-9-7 NMSA 1978].
History:
1978 Comp., § 32A-3B-6, enacted by Laws 1993, ch. 77, § 78; 2019, ch. 21, § 1.
ANNOTATIONS
Compiler's notes.
— This section is substantively similar to former 32-1-23 NMSA 1978.
See
32A-1-15 and 32A-2-10 NMSA 1978.
The 2019 amendment,
effective June 14, 2019, established a preference that a child taken into protective custody be placed with a relative of the child when a relative is available to provide foster care, required relatives providing foster care to initiate licensing procedures within three days of accepting custody of a child, and required the children, youth and families department to make reasonable efforts to locate a relative of the child to provide foster care; added new subsection designations "A" and "B" and redesignated former Subsections A through C as Paragraphs B(1) through B(3), respectively; in Subsection A, Paragraph A(1), after "delinquent children", deleted "but may be placed in the following community-based shelter care facilities", and added Paragraph A(2); in Subsection B, added the introductory clause; and deleted Subsection D.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 3B - Families in Need of Court-Ordered Services › Section 32A-3B-6.1 - Repealed.

History:
Laws 2005, ch. 189, § 37; repealed by Laws 2022, ch. 41, § 71.
ANNOTATIONS
Repeals.
— Laws 2022, ch. 41, § 71 repealed 32A-3B-6.1 NMSA 1978, as enacted by Laws 2005, ch. 189, § 37, relating to Indian child placement, preferences, effective July 1, 2022. For provisions of former section,
see
the 2021 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 3B - Families in Need of Court-Ordered Services › Section 32A-3B-7 - Protective custody hearing; time limitations.

A. When a child of an alleged family in need of court-ordered services is taken into protective custody by the department or the department petitions the court for protective custody of the child, a custody hearing shall be held within ten days from the date the petition is filed to determine if the child should remain with the family or be placed in the custody of the department pending adjudication. Upon written request of the respondent, the hearing may be held earlier, but in no event shall the hearing be held sooner than two days after the date the petition was filed.
B. The parent, guardian or custodian of the child shall be given reasonable notice of the time and place of the hearing.
C. When the custody hearing is conducted, the court shall release the child to his parent, guardian or custodian unless probable cause exists to believe that:
(1) the child is in immediate danger from his surroundings and the child's removal from those surroundings is necessary for his safety or well-being;
(2) the child will be subject to injury by others if not placed in the protective custody of the department; or
(3) a parent, guardian or custodian of the child or any other person is unable or unwilling to provide adequate supervision and care for the child.
D. At the conclusion of the protective custody hearing, if the court determines that protective custody pending adjudication is appropriate, the court may:
(1) award custody of the child to the department; or
(2) return the child to the child's parent, guardian or custodian, subject to conditions that will reasonably assure the safety and well-being of the child.
E. In addition to any disposition made by the court pursuant to the provisions of Subsection D of this section, the court may order the child and family to participate in an assessment and referral process. Copies of any diagnostic or evaluation reports ordered by the court shall be provided to the parties at least five days before the adjudicatory hearing is scheduled. The diagnostic and evaluation reports shall not be sent to the court.
F. The Rules of Evidence shall not apply to protective custody hearings conducted pursuant to the provisions of this section.
History:
1978 Comp., § 32A-3B-7, enacted by Laws 1993, ch. 77, § 79.
ANNOTATIONS
Cross references.
— For the applicability of the Rules of Evidence,
see
Rule 11-1101 NMRA.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 3B - Families in Need of Court-Ordered Services › Section 32A-3B-9 - Change in placement.

A. When a child's placement is changed, including a return to the child's home, written notice of the placement change shall be given to the parties and to the child's tribe if the child is an Indian child ten days prior to the placement change, unless an emergency situation requires moving the child prior to sending notice.
B. When a child's guardian ad litem or attorney requests a court hearing to contest the proposed placement change, the department shall not change the child's placement pending the result of the court hearing, unless an emergency requires changing the child's placement prior to the hearing.
C. When a child's placement is changed and notice pursuant to the provisions of Subsection A of this section is not provided, written notice shall be sent to the parties and to the child's tribe if the child is an Indian child within three days after the placement change.
D. Notice pursuant to the provisions of this section is not required for removal of the child from temporary emergency care, emergency foster care or respite care.
History:
1978 Comp., § 32A-3B-9, enacted by Laws 1993, ch. 77, § 81; 2005, ch. 189, § 33.
ANNOTATIONS
The 2005 amendment,
effective June 17, 2005, provided in Subsection A that if a child's placement is changed, notice of the change shall be given to the parties and to the child's tribe if the child is an Indian child and in Subsection C that if notice of placement is not given under Subsection A, notice of the change of placement shall be given to the parties and to the child's tribe if the child is an Indian child.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 3B - Families in Need of Court-Ordered Services › Section 32A-3B-10 - Petition; endorsement of petition.

A petition regarding an alleged family in need of court-ordered services shall not be filed unless the children's court attorney, after consultation with the department, determines and endorses upon the petition that filing is in the best interests of the child and family.
History:
1978 Comp., § 32A-3B-10, enacted by Laws 1993, ch. 77, § 82.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 3B - Families in Need of Court-Ordered Services › Section 32A-3B-11 - Petition; allegations.

A. A petition to initiate a proceeding regarding an alleged family in need of court-ordered services shall include the following allegations:
(1) that the child or the family are in need of court-ordered family services;
(2) that the child and the family participated in or refused to participate in a plan for family services and that the department has exhausted appropriate and available services; and
(3) that court intervention is necessary to assist the department in providing necessary services to the child and the family.
B. In addition to the allegations required pursuant to the provisions of Subsection A of this section, a petition that alleges a child's chronic absence from school shall be accompanied by an affidavit filed by a school official, in accordance with the provisions of Section 32-3A-3 [32A-3A-3] NMSA 1978.
History:
1978 Comp., § 32A-3B-11, enacted by Laws 1993, ch. 77, § 83.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 3B - Families in Need of Court-Ordered Services › Section 32A-3B-12 - Adjudicatory hearing; time limitations.

A. An adjudicatory hearing for an alleged family in need of court-ordered services shall be commenced within sixty days after the date of service on the respondent.
B. The children's court attorney shall represent the state at the adjudicatory hearing.
C. If the adjudicatory hearing is not commenced within the time limits specified in this section or within the period of any extension of those time limits, the petition shall be dismissed with prejudice.
History:
1978 Comp., § 32A-3B-12, enacted by Laws 1993, ch. 77, § 84; 2009, ch. 239, § 30.
ANNOTATIONS
The 2009 amendment,
effective July 1, 2009, in Subsection A, changed "ninety days" to "sixty days"; after "ninety days after the", deleted "latest of the following dates:"; deleted Paragraphs (1) through (3) of Subsection A, which listed the date the petition is served on the respondent; the date the trial court orders a mistrial or a new trial; and the date a mandate in an appeal or order disposing of the appeal is filed; and added "date of service on the respondent".
Applicability.
— Laws 2009, ch. 239, § 71, provided that the provisions of this act apply to all children who, on July 1, 2009, are on release or are otherwise eligible to be placed on release as if the Juvenile Public Safety Advisory Board Act had been in effect at the time they were placed on release or became eligible to be released.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 3B - Families in Need of Court-Ordered Services › Section 32A-3B-13 - Conduct of hearings; penalty.

A. All hearings shall be recorded by stenographic notes or by electronic, mechanical or other appropriate means.
B. All hearings regarding a family in need of court-ordered services shall be closed to the general public, subject to the following exceptions:
(1) the parties, the parties' counsel, witnesses and other persons approved by the court may be present at the hearings. Those other persons the court finds to have a proper interest in the case or in the work of the court may be admitted by the court to closed hearings on the condition that they refrain from divulging any information that would identify the child or family involved in the proceedings; and
(2) accredited representatives of the news media shall be allowed to be present at the hearings, subject to the condition that they refrain from divulging information that would identify any child involved in the proceedings or the parent, guardian or custodian of that child and further subject to enabling regulations the court finds necessary for the maintenance of order and decorum and for the furtherance of the purposes of the Children's Code.
C. If the court finds that it is in the best interest of a child under fourteen years of age, the child may be excluded from a hearing under the Family in Need of Court-Ordered Services Act. A child fourteen years of age or older may be excluded from a hearing only if the court makes a finding that there is a compelling reason to exclude the child and states the factual basis for the finding.
D. A person or party granted admission to a closed hearing who intentionally divulges information concerning the hearing in violation of the provisions of this section is guilty of a petty misdemeanor and shall be sentenced pursuant to the provisions of Section 31-19-1 NMSA 1978.
History:
1978 Comp., § 32A-3B-13, enacted by Laws 1993, ch. 77, § 85; 2005, ch. 189, § 34.
ANNOTATIONS
The 2005 amendment,
effective June 17, 2005, deleted former Subsection C, which provided that when the court finds it in the best interest of the child, the child may be excluded from a hearing, and added a new Subsection C, which provided that if it is in the best interest of the child under fourteen years of age, the child may be excluded from a hearing and that a child fourteen years of age or older may be excluded from a hearing only for a compelling reason.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 3B - Families in Need of Court-Ordered Services › Section 32A-3B-14 - Findings; dismissal; dispositional matters.

A. The court shall determine if the allegations of the petition are admitted or denied by the parent or child. If the allegations are denied, the court shall proceed to hear evidence on the petition. The court, after hearing all of the evidence regarding an alleged family in need of court-ordered services, shall make and record its findings.
B. If the court finds, on the basis of a valid admission of the allegations set forth in the petition or on the basis of clear and convincing evidence that is competent, material and relevant in nature, that the child is a child of a family in need of court-ordered services, the court may proceed immediately or at a postponed hearing to make disposition of the case. If the court does not find that the child is a child of a family in need of court-ordered services, the court shall dismiss the petition.
C. In that part of the hearings regarding dispositional issues, all relevant and material evidence helpful in determining the questions presented, including oral and written reports, may be received by the court and may be relied upon to the extent of its probative value, even though not competent had it been offered during the part of the hearings regarding adjudicatory issues.
D. On the court's motion or motion of a party, the court may continue the hearing on the petition for a reasonable time to receive reports and other evidence regarding disposition. The court shall continue the hearing pending the receipt of the plan for family services if that document has not been prepared and received. During any continuance granted pursuant to this subsection, the court shall make an appropriate order for legal custody of the child.
History:
1978 Comp., § 32A-3B-14, enacted by Laws 1993, ch. 77, § 86; 1995, ch. 206, § 19.
ANNOTATIONS
The 1995 amendment,
effective July 1, 1995, inserted "by the parent or child" in the first sentence of Subsection A.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 3B - Families in Need of Court-Ordered Services › Section 32A-3B-15 - Plan for family services.

A. Prior to holding a dispositional hearing, the court shall direct the department to prepare a written family services plan for submission to the court.
B. The plan for family services shall contain the following information:
(1) a statement of the problem;
(2) the needs of the child;
(3) the needs of the family;
(4) a description of the specific progress needed to be made by both the parent and the child, the reasons why the plan is likely to be useful, the availability of any proposed services and the department's overall plan for ensuring that the services will be delivered;
(5) if removal from the home or continued residence outside the home is recommended for the child, a statement of the likely harm the child will suffer as a result of removal from the home, including emotional harm resulting from separation from the child's parents;
(6) if removal from the home or continued residence outside the home is recommended for the child, a description of any previous efforts to work with the parent and the child in the home and a description of any in-home treatment programs that have been considered and rejected;
(7) a description of the steps that will be taken to minimize any harm to the child that may result if separation from the child's parent occurs or continues;
(8) if removal from the home or continued residence outside the home is recommended for the child and the child is sixteen years of age or older, a description of the specific skills the child requires for successful transition into independent living as an adult, what programs are necessary to develop the skills, the reasons why the programs are likely to be useful, the availability of any proposed programs and the department's overall plan for ensuring that the child will be adequately prepared for adulthood; and
(9) when the child is an Indian child, contact shall be made with the child's Indian tribe for the purpose of consultation and exchange of information and the plan shall indicate the person contacted in the child's Indian tribe and the results of that contact.
C. A copy of the plan shall be provided by the department to all parties at least five days before the dispositional hearing.
D. If the child is a member of an adjudicated family in need of court-ordered services, any temporary custody orders shall remain in effect until the court has received and considered the plan at the dispositional hearing.
History:
1978 Comp., § 32A-3B-15, enacted by Laws 1993, ch. 77, § 87.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 3B - Families in Need of Court-Ordered Services › Section 32A-3B-18 - Dispositional judgments; time limitations; modification, termination or extension of court order.

A. A judgment vesting legal custody of a child in an agency shall remain in force for an indeterminate period not exceeding two years from the date entered.
B. A judgment vesting legal custody of a child in an individual, other than the child's parent, shall remain in force for two years from the date entered unless terminated sooner by court order.
C. A judgment vesting legal custody of a child in the child's parent or a permanent guardian shall remain in force for an indeterminate period from the date entered until terminated by court order or until the child is emancipated or reaches the age of majority.
D. At any time prior to expiration, a judgment vesting legal custody or granting protective supervision may be modified, revoked or extended on motion by a party, including the child by and through the child's guardian ad litem or attorney.
E. Prior to the expiration of a judgment transferring legal custody to an agency, the court may extend the judgment for additional periods of one year if it finds that the extension is necessary to safeguard the welfare of the child or the public interest.
F. When a child reaches eighteen years of age, all family in need of court-ordered services orders affecting the child then in force automatically terminate. The termination of the orders shall not disqualify a child from eligibility for transitional services.
History:
1978 Comp., § 32A-3B-18, enacted by Laws 1993, ch. 77, § 90; 2009, ch. 239, § 32.
ANNOTATIONS
The 2009 amendment,
effective July 1, 2009, in Subsection D, after "motion by a party", deleted "or the" and added "including the child by and through the child's"; and after "guardian ad litem", added "or attorney".
Applicability.
— Laws 2009, ch. 239, § 71, provided that the provisions of this act apply to all children who, on July 1, 2009, are on release or are otherwise eligible to be placed on release as if the Juvenile Public Safety Advisory Board Act had been in effect at the time they were placed on release or became eligible to be released.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 3B - Families in Need of Court-Ordered Services › Section 32A-3B-20 - Parental responsibility.

A. The court shall order the parent to pay the reasonable costs of support and maintenance of the child that the parent is financially able to pay if a child is adjudicated to be a child of a family in need of court-ordered services and the court orders the child placed with an agency or individual other than the parent. The court may use the child support guidelines set forth in Section 40-4-11.1 NMSA 1978 to calculate a reasonable payment.
B. The court may enforce any of its orders issued pursuant to this section by use of its contempt power.
History:
1978 Comp., § 32A-3B-20, enacted by Laws 1993, ch. 77, § 92.