2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 4 - Child Abuse and Neglect › Section 32A-4-4 - Complaints; referral; preliminary inquiry.

A. Reports alleging neglect or abuse shall be referred to the department, which shall conduct an investigation to determine the best interests of the child with regard to any action to be taken. The name and information regarding the person making the report shall not be disclosed absent the consent of the informant or a court order.
B. If a report alleging neglect or abuse meets the criteria established pursuant to Section 32A-4-4.1 NMSA 1978, the department may assign the case to the multilevel response system.
C. During the investigation of a report alleging neglect or abuse, the matter may be referred to another appropriate agency and conferences may be conducted for the purpose of effecting adjustments or agreements that will obviate the necessity for filing a petition. A representative of the department shall, at the initial time of contact with the party subject to the investigation, advise the party of the reports or allegations made, in a manner that is consistent with laws protecting the rights of the informant. The parties shall be advised of their basic rights and no party may be compelled to appear at any conference, to produce any papers or to visit any place. The investigation shall be completed within a reasonable period of time from the date the report was made.
D. After completion of the investigation on a neglect or abuse report, the department shall either recommend or refuse to recommend the filing of a petition.
E. When a child is taken into custody, the department shall file a petition within three days, unless the provisions of Subsection F of Section 32A-4-7 NMSA 1978 apply, in which case the petition shall be filed within five days.
F. When the department files a petition, it shall simultaneously provide to the office of family representation and advocacy, and if a child is an Indian child, to the child's Indian nation, tribe or pueblo:
(1) the petition;
(2) the name, telephone numbers and addresses of each respondent; and
(3) the names, dates of birth and placement information for each child who is a subject of the petition, including:
(a) the type of placement; and
(b) the name, telephone number and address for the person or entity that holds the license for each child's placement.
G. If a petition is not filed in a timely manner, the child shall be released to the child's parent, guardian or custodian.
History:
1978 Comp., § 32A-4-4, enacted by Laws 1993, ch. 77, § 98; 2005, ch. 189, § 39; 2019, ch. 137, § 1, 2023, ch. 172, § 1.
ANNOTATIONS
The 2023 amendment,
effective June 16, 2023, extended the time for filing a petition alleging neglect or abuse, and added notice provisions; in Subsection E, after "shall file a petition within", deleted "two" and added "three", and added "unless the provisions of Subsection F of Section 32A-4-7 NMSA 1978 apply, in which case the petition shall be filed within five days"; and added Subsection F and subsection designation "G.".
The 2019 amendment,
effective July 1, 2020, provided the children, youth and families department with the authority to assign a case to the multilevel response system if a report alleging neglect or abuse meets the criteria of Section 32A-4-4.1 NMSA 1978; and added a new Subsection B and redesignated former Subsections B through D as Subsections C through E, respectively.
The 2005 amendment,
effective June 17, 2005, in Subsection A, provided that the name and information regarding the person making the report shall not be disclosed absent the consent of the informant or a court order; in Subsection B, provided that a representative of the department shall at the initial time of contact with a party, advise the party of the reports of allegations in a manner that is consistent with the laws protecting the informant; and in Subsection D, provided that when a child is taken into custody, the department shall file a petition within two days.
A third party has no standing to bring an abuse and neglect action.
— Where the petitioner, who was the child's aunt by marriage, filed a petition for custody of the child; the child lived with the child's grandmother; the child's mother had consented to a kinship guardianship of the child to the grandmother; petitioner alleged that the child was abused by the grandmother and the mother; and the children, youth and families department found that the abuse allegations were unsubstantiated, the petitioner lacked standing to bring a custody case.
Vescio v. Wolf
, 2009-NMCA-129, 147 N.M. 374, 223 P.3d 371.