reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 3B - Families in Need of Court-Ordered Services › Section 32A-3B-21 - Expungement of records.

A. On motion by or on behalf of an individual who has been the subject of a petition filed under the Children's Code, or on the court's own motion, the court shall vacate its findings, orders and judgments on the petition, and order the legal and social files and records of the court, the department and any other agency in the case expunged, and if requested in the motion the court shall also order law enforcement files and records expunged. An order expunging records and files shall be entered if the court finds that:
(1) two years have elapsed since the final release of the individual from legal custody and supervision or two years have elapsed since the entry of any other judgment not involving legal custody or supervision; and
(2) the individual has not, within the two years immediately prior to filing the motion, been convicted of a felony or of a misdemeanor involving moral turpitude or found delinquent by a court, and no proceeding is pending seeking such a conviction or finding.
B. Reasonable notice of the motion shall be given to:
(1) the children's court attorney;
(2) the authority granting the release if the final release was from an agency, parole or probation;
(3) the law enforcement officer, department and central depository having custody of the law enforcement files and records if those records are included in the motion; and
(4) any other agency having custody of records or files subject to the expungement order.
C. Upon the entry of the expungement order, the proceedings in the case shall be treated as if they never occurred, and all index references shall be deleted and the court, law enforcement officers and departments and agencies shall reply, and the individual may reply, to an inquiry that no record exists with respect to such person. Copies of the expungement order shall be sent to each agency or official named in the order.
D. Any finding of delinquency or conviction of a crime, subsequent to the expungement order may at the court's discretion be used by the court as a basis to set aside the expungement order.
E. A person who has been the subject of a petition filed under the Children's Code shall be notified of the right to have records expunged.
History:
1978 Comp., § 32A-3B-21, enacted by Laws 1993, ch. 77, § 93.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 4 - Child Abuse and Neglect › Section 32A-4-11 - Use immunity.

A. At any stage of a proceeding under the Abuse and Neglect Act, the children's court attorney may apply for use immunity for a respondent for in-court testimony. The in-court testimony of an immunized respondent shall not be used against that respondent in a criminal prosecution; provided, however, that the respondent may be prosecuted for perjury that occurs during the respondent's testimony in children's court.
B. At any stage of a proceeding under the Abuse and Neglect Act, the children's court attorney may apply for use immunity for any records, documents or other physical objects produced by the immunized respondent in that children's court proceeding, production of which was compelled by a court order.
C. At any stage of a proceeding under the Abuse and Neglect Act, the children's court attorney may apply for use immunity for a respondent for any statement that a respondent makes in the course of a court-ordered psychological evaluation or treatment program to the professional designated by the department in furtherance of the court's order. Such immunity shall attach only to those statements made during the course of the actual evaluation or treatment and specifically does not attach to statements made to other department employees, agents or other representatives in the course of the investigation of alleged child abuse or neglect.
D. Any other information available to the professional designated by the department to perform the court-ordered evaluation or treatment shall not be the subject of any application or order for immunity.
E. All immunized statements referred to in Subsection C that are subsequently reduced to writing shall be deleted before any report is released to law enforcement officers or district attorneys.
F. Use immunity orders shall not be entered nunc pro tunc.
G. The children's court attorney shall request a hearing on any application for immunity and shall give at least forty-eight hours notice to all parties and to the district attorney for the county in which the alleged abuse or neglect occurred. The district attorney shall have standing to object to the order for immunity.
History:
1978 Comp., § 32A-4-11, enacted by Laws 1993, ch. 77, § 105.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 4 - Child Abuse and Neglect › Section 32A-4-12 - Protective orders.

A. At any stage of a proceeding under the Abuse and Neglect Act, the children's court attorney may apply to the court for a protective order restricting the release of immunized testimony, immunized verbal statements for the purpose of psychological evaluation or treatment, or records, documents or other physical objects produced by an immunized respondent pursuant to a court order. The protective order shall apply to any person, except as designated by court order. The purpose of the protective order is to allow the respondents to engage in evaluation and treatment programs as ordered by the court and to ensure that any statement by the respondents will remain privileged and confidential and will not be divulged to any other person, including law enforcement officers and district attorneys.
B. The children's court attorney shall apply for the protective order and request a hearing, and shall give at least forty-eight hours notice to all parties and to the district attorney for the county in which the alleged abuse or neglect occurred. The district attorney shall have standing to object to the protective order.
C. After the hearing, the court may issue a protective order, if issuance of the order will reasonably assist in the delivery of diagnostic and therapeutic services to the respondent and the respondent is otherwise likely to refuse to make statements on the basis of his privilege against self-incrimination.
History:
1978 Comp., § 32A-4-12, enacted by Laws 1993, ch. 77, § 106.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 4 - Child Abuse and Neglect › Section 32A-4-14 - Change in placement.

A. When the child's placement is changed, including a return to the child's home, written notice of the factual grounds supporting the change in placement shall be sent to the child's guardian ad litem or attorney, all parties, the child's CASA, the child's foster parents and the court ten days prior to the placement change, unless an emergency situation requires moving the child prior to sending notice.
B. When the child, by and through the child's guardian ad litem or attorney, files a motion and requests a court hearing to contest the proposed change, the department shall not change the child's placement pending the results 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 without prior notice as provided for in Subsection A of this section, written notice shall be sent to the child's guardian ad litem or attorney, all parties, the child's CASA, the child's foster parents and the court within three days after the placement change.
D. Written notice is not required for removal of a child from temporary emergency care, emergency foster care or respite care. The department shall provide oral notification of the removal to the child's guardian ad litem or attorney.
E. Notice need not be given to the parties, other than the child, or to the court when placement is changed at the request of the child's foster parents or substitute care provider. Notice shall be given to the child's guardian ad litem or attorney.
History:
1978 Comp., § 32A-4-14, enacted by Laws 1993, ch. 77, § 108; 2005, ch. 189, § 44; 2009, ch. 239, § 37.
ANNOTATIONS
The 2009 amendment,
effective July 1, 2009, in Subsection A, after "written notice", added "of the factual grounds supporting the change in placement" and after "guardian ad litem", added "or attorney"; in Subsection B, after "When the", added "child, by and through" and after "guardian ad litem", added "or attorney, files a motion and"; and in Subsections C and D, 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.
The 2005 amendment,
effective June 17, 2005, in Subsection E, provided that notice need not be given to the parties other than the child or to the court when placement is changed at the request of the child's foster parents, but notice shall be given to the child's guardian ad litem or attorney.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 4 - Child Abuse and Neglect › Section 32A-4-15 - Petition; authorization to file.

A petition alleging neglect or abuse shall not be filed unless the children's court attorney has determined and endorsed upon the petition that the filing of the petition is in the best interests of the child. The children's court attorney shall, upon request of a person authorizing the filing of a petition, furnish legal services in connection with the authorization and preparation of the petition and the representation of the petitioner if the petitioner so requests.
History:
1978 Comp., § 32A-4-15, enacted by Laws 1993, ch. 77, § 109.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 4 - Child Abuse and Neglect › Section 32A-4-16 - Ex-parte custody orders.

A. At the time a petition is filed or any time thereafter, the children's court or the district court may issue an ex-parte custody order upon a sworn written statement of facts showing probable cause exists to believe that the child is abused or neglected and that custody under the criteria set forth in Section 32-4-16 [32A-4-18] NMSA 1978 is necessary.
B. The ex-parte custody order shall be served on the respondent by a person authorized to serve arrest warrants and shall direct the officer to take custody of the child and deliver him to a place designated by the court.
C. The Rules of Evidence do not apply to the issuance of an ex-parte custody order.
History:
1978 Comp., § 32A-4-16, enacted by Laws 1993, ch. 77, § 110.
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 4 - Child Abuse and Neglect › Section 32A-4-17 - Summons; content.

In addition to the requirements set forth in Section 32-1-11 [32A-1-12] NMSA 1978, in abuse and neglect proceedings, the summons shall clearly state that the proceeding could ultimately result in termination of the respondents' parental rights.
History:
1978 Comp., § 32A-4-17, enacted by Laws 1993, ch. 77, § 111.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 4 - Child Abuse and Neglect › Section 32A-4-17.1 - Notice to grandparents and relatives.

Within thirty days after a child is taken into custody by law enforcement, or when the department files a petition seeking legal custody of the child, whichever occurs first, the department shall exercise due diligence and make reasonable efforts to identify and provide notice to all grandparents; all parents of a sibling of the child, when the parent has legal custody of the sibling; and other adult relatives of the child, including adult relatives suggested by the parents, unless such notice would be contrary to the best interests of the child due to family or domestic violence. The notice shall:
A. specify that the child has been or is being removed from the custody of the parent or parents of the child;
B. explain the options the relative has under federal, state or other law to participate in the care and placement of the child, including any options that may be lost by failing to respond to the notice;
C. describe the requirements for becoming a foster family home and the additional services and support that are available for children placed in such a home; and
D. set out the dates of any currently scheduled court hearings that involve the child.
History:
1978 Comp., § 32A-4-17.1, enacted by Laws 2016, ch. 54, § 3.
ANNOTATIONS
Effective dates.
— Laws 2016, ch. 54 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 18, 2016, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 4 - Child Abuse and Neglect › Section 32A-4-25.2 - Transition services.

A. Prior to a child's reaching seventeen years of age, the department shall meet with the child, the child's attorney and others of the child's choosing, including biological family members, to develop a transition plan. The department shall assist the child in identifying and planning to meet the child's needs after the child's eighteenth birthday, including housing, education, employment or income, health and mental health, local opportunities for mentors and continuing support services.
B. The department shall present the child's proposed transition plan to the court at the first hearing scheduled after the child's seventeenth birthday.
C. The court shall order a transition plan for the child. The transition plan approved by the court shall be reviewed at every subsequent review and permanency hearing.
History:
1978 Comp., § 32A-4-25.2, as enacted by Laws 2009, ch. 239, § 47.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 239, § 72 made Laws 2009, ch. 239, § 47 effective July 1, 2009.
Applicability.
— Laws 2009, ch. 239, § 71, provided that the provisions of this act apply to all children who, on July 1, 2009, are on release or are otherwise eligible to be placed on release as if the Juvenile Public Safety Advisory Board Act had been in effect at the time they were placed on release or became eligible to be released.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 4 - Child Abuse and Neglect › Section 32A-4-25.3 - Discharge hearing.

A. At the last review or permanency hearing held prior to the child's eighteenth birthday, the court shall review the transition plan and shall determine whether the department has made reasonable efforts to implement the requirements of Subsection B of this section.
B. The court shall determine:
(1) whether written information concerning the child's family history, the whereabouts of any sibling if appropriate and education and health records have been provided to the child;
(2) whether the child's social security card, certified birth certificate, state-issued identification card, death certificate of a parent and proof of citizenship or residence have been provided to the child;
(3) whether assistance in obtaining medicaid has been provided to the child, unless the child is ineligible for medicaid; and
(4) whether referral for a guardianship or limited guardianship if the child is incapacitated has been made.
C. If the court finds that the department has not made reasonable efforts to meet all the requirements of Subsection B of this section and that termination of jurisdiction would be harmful to the young adult, the court may continue to exercise its jurisdiction for a period not to exceed one year from the child's eighteenth birthday. The young adult must consent to continued jurisdiction of the court. The court may dismiss the case at any time after the child's eighteenth birthday for good cause.
History:
1978 Comp., § 32A-4-25.3, as enacted by Laws 2009, ch. 239, § 48.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 239, § 72 made Laws 2009, ch. 239, § 48 effective July 1, 2009.
Applicability.
— Laws 2009, ch. 239, § 71, provided that the provisions of this act apply to all children who, on July 1, 2009, are on release or are otherwise eligible to be placed on release as if the Juvenile Public Safety Advisory Board Act had been in effect at the time they were placed on release or became eligible to be released.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 4 - Child Abuse and Neglect › Section 32A-4-26 - 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 neglected or abused 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-4-26, enacted by Laws 1993, ch. 77, § 120.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 4 - Child Abuse and Neglect › Section 32A-4-30 - Attorney fees.

The court may order the department to pay attorney fees for the child's guardian ad litem or attorney if:
A. the child is in the legal custody of the department;
B. the child's guardian ad litem or the child, through the child's attorney:
(1) requests in writing that the department move for the termination of parental rights;
(2) gives the department written notice that if the department does not move for termination of parental rights, the guardian ad litem or the child, through the child's attorney, intends to move for the termination of parental rights and seek an award of attorney fees;
(3) successfully moves for the termination of parental rights; and
(4) applies to the court for an award of attorney fees; and
C. the department refuses to litigate the motion for the termination of parental rights or fails to act in a timely manner.
History:
1978 Comp., § 32A-4-30, enacted by Laws 1993, ch. 77, § 124; 2005, ch. 189, § 53.
ANNOTATIONS
The 2005 amendment,
effective June 17, 2005, provided that the court may order the department to pay attorney fees to a child's attorney; in Subsection A, changed "custody" to "legal custody"; and in Subsections B and B(2), added "or the child, through the child's attorney".
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 4 - Child Abuse and Neglect › Section 32A-4-31 - Permanent guardianship of a child.

A. In proceedings for permanent guardianship, the court shall give primary consideration to the physical, mental and emotional welfare and needs of the child. Permanent guardianship vests in the guardian all rights and responsibilities of a parent, other than those rights and responsibilities of the natural or adoptive parent, if any, set forth in the decree of permanent guardianship.
B. Any adult, including a relative or foster parent, may be considered as a permanent guardian, provided that the department grants consent to the guardianship if the child is in the legal custody of the department. An agency or institution may not be a permanent guardian. The court shall appoint a person nominated by the child, if the minor is fourteen years of age or older, unless the court finds the appointment contrary to the best interests of the child.
C. The court may establish a permanent guardianship between a child and the guardian when the prospective guardianship is in the child's best interest and when:
(1) the child has been adjudicated as an abused or neglected child;
(2) the department has made reasonable efforts to reunite the parent and child and further efforts by the department would be unproductive;
(3) reunification of the parent and child is not in the child's best interests because the parent continues to be unwilling or unable to properly care for the child; and
(4) the likelihood of the child being adopted is remote or it is established that termination of parental rights is not in the child's best interest.
History:
1978 Comp., § 32A-4-31, enacted by Laws 1993, ch. 77, § 125; 2005, ch. 189, § 54.
ANNOTATIONS
Cross references.
— For the Kinship Guardianship Act,
see
40-10B-1 NMSA 1978 et seq.
The 2005 amendment,
effective June 17, 2005, in Subsection B, changed "department's custody" to "legal custody of the department".
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 4 - Child Abuse and Neglect › Section 32A-4-33.1 - Records release when a child dies.

A. After learning that a child fatality has occurred and that there is reasonable suspicion that the fatality was caused by abuse or neglect, the department shall, upon written request to the secretary of the department, release the following information, if in the department's possession, within five business days:
(1) the age and gender of the child;
(2) the date of death;
(3) whether the child was in foster care or in the home of the child's parent or guardian at the time of death; and
(4) whether an investigation is being conducted by the department.
B. If an investigation is being conducted by the department, then a request for further information beyond that listed in Subsection A of this section shall be answered with a statement that a report is under investigation.
C. Upon completion of a child abuse or neglect investigation into a child's death, if it is determined that abuse or neglect caused the child's death, the following documents shall be released upon request:
(1) a summary of the department's investigation;
(2) a law enforcement investigation report, if in the department's possession; and
(3) a medical examiner's report, if in the department's possession.
D. Prior to releasing any document pursuant to Subsection C of this section, the department shall consult with the district attorney and shall redact:
(1) information that would, in the opinion of the district attorney, jeopardize a criminal investigation or proceeding;
(2) identifying information related to a reporting party or any other party providing information; and
(3) information that is privileged, confidential or not subject to disclosure pursuant to any other state or federal law.
E. Once documents pursuant to this section have been released by the department, the department may comment on the case within the scope of the release.
F. Information released by the department consistent with the requirements of this section does not require prior notice to any other individual.
G. Nothing in this section shall be construed as requiring the department to obtain documents not in the abuse and neglect case file.
H. A person disclosing abuse and neglect case file information as required by this section shall not be subject to suit in civil or criminal proceedings for complying with the requirements of this section.
History:
1978 Comp., § 32A-4-33.1, as enacted by Laws 2009, ch. 239, § 52.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 239, § 72 made Laws 2009, ch. 239, § 52 effective July 1, 2009.
Applicability.
— Laws 2009, ch. 239, § 71, provided that the provisions of this act apply to all children who, on July 1, 2009, are on release or are otherwise eligible to be placed on release as if the Juvenile Public Safety Advisory Board Act had been in effect at the time they were placed on release or became eligible to be released.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 4 - Child Abuse and Neglect › Section 32A-4-34 - Duties of employees.

All employees of the department shall be trained in their legal duties to protect the constitutional and statutory rights of children and families from the initial time of contact, during the investigation and throughout any treatment.
History:
Laws 2005, ch. 189, § 57.
ANNOTATIONS
Effective dates.
— Laws 2005, ch. 189 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 17, 2005, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 4 - Child Abuse and Neglect › Section 32A-4-35 - Appointment or change of educational decision maker.

A. In all matters involving children alleged by the state to be abused or neglected, including proceedings to terminate parental rights, the children's court shall appoint an educational decision maker in every case.
B. The children's court shall appoint an educational decision maker at the custody hearing; provided that the children's court:
(1) may change the appointment of an educational decision maker upon motion of a party at any stage of the proceedings; and
(2) shall review at each subsequent stage of the proceedings whether to continue or change the appointment of an educational decision maker for the child.
C. The children's court shall appoint a respondent as the child's educational decision maker, unless the children's court determines that doing so would be contrary to the best interests of the child. If the children's court determines that no respondent should be appointed as the child's educational decision maker, the children's court shall appoint another qualified individual, taking into account the following:
(1) whether the individual knows the child and is willing to accept responsibility for making educational decisions;
(2) whether the individual has any personal or professional interests that conflict with the interests of the child; and
(3) whether the individual is permitted to make all necessary educational decisions for the child, including decisions related to whether the child is a child with a disability under the federal Individuals with Disabilities Education Act.
History:
Laws 2017, ch. 64, § 3.
ANNOTATIONS
Effective dates.
— Laws 2017, ch. 64 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 16, 2017, 90 days after the adjournment of the legislature.
Cross references.
— For the federal Individuals with Disabilities Education Act,
see
20 U.S.C. § 1400.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 4A - Children's Advocacy Centers › Section 32A-4A-1 - Short title.

This act [32A-4A-1 to 32A-4A-4 NMSA 1978] may be cited as the "Children's Advocacy Centers Act".
History:
Laws 2019, ch. 134, § 1.
ANNOTATIONS
Effective dates.
— Laws 2019, ch. 134 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 14, 2019, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 4A - Children's Advocacy Centers › Section 32A-4A-2 - Definition.

As used in the Children's Advocacy Centers Act, "center" means a children's advocacy center, which is an entity that provides a comprehensive multidisciplinary team response to allegations of child abuse or neglect in a neutral, child-friendly setting by representatives of the following fields and professions:
A. child protective services;
B. family and victim advocacy;
C. forensic interviewers;
D. law enforcement;
E. medical examiners;
F. behavioral health; and
G. services related to those fields and professions listed in Subsections A through F of this section.
History:
Laws 2019, ch. 134, § 2.
ANNOTATIONS
Effective dates.
— Laws 2019, ch. 134 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 14, 2019, 90 days after the adjournment of the legislature.
The child protective services task force is not a public body subject to the Open Meetings Act.
— The Open Meetings Act, 10-15-1 to 10-15-4 NMSA 1978, applies to any "public body" and the act provides that it applies to all meetings of a quorum of members of any board, commission, administrative adjudicatory body or other policymaking body of any state agency or any agency or authority of any county, municipality, district or political subdivision. The child protective services task force, which was created by a house joint memorial during the 2019 legislative session for the purpose of making recommendations to generally improve the safety and well-being of children in the care of the child protective services system, is not subject to the Open Meetings Act, because it is not a policymaking entity as it holds a purely advisory role and exists only to make recommendations to real policymakers.
Applicability of Open Meetings Act to Child Protective Services Task Force
(1/30/20), Att'y Gen. Adv. Ltr. 2020-01.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 4A - Children's Advocacy Centers › Section 32A-4A-3 - Children's advocacy centers; duties.

A center shall:
A. be an entity that is a private, incorporated agency, a hospital or a governmental entity;
B. have a neutral, child-focused facility where forensic interviews with children take place; provided that all agencies shall have a place to interact with the child as investigative or treatment needs require;
C. have a designated staff trained according to standards approved by the national children's alliance;
D. have a multidisciplinary team established in accordance with the provisions of the Children's Advocacy Centers Act that meets on a regular basis, at least every other month;
E. provide case tracking of child abuse cases seen through the center. Case tracking or data collected shall include:
(1) the number of child abuse cases seen at the center;
(2) demographic data;
(3) the number of cases referred for prosecution; and
(4) the number of cases referred for behavioral health services, medical examinations and other related services;
F. provide medical examinations or mental health services at the center or provide referrals for medical examinations or mental health therapy provided by an agency not located at the center but with which the center has a memorandum of understanding or interagency agreement;
G. provide family and victim advocacy services to a child and to a non-offending caregiver of the child;
H. facilitate the provision of training of center staff and multidisciplinary team members; and
I. adhere to the national children's alliance standards.
History:
Laws 2019, ch. 134, § 3.
ANNOTATIONS
Effective dates.
— Laws 2019, ch. 134 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 14, 2019, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 4A - Children's Advocacy Centers › Section 32A-4A-4 - Multidisciplinary child abuse teams; establishment; membership; duties.

A. The following persons shall comprise a multidisciplinary child abuse investigation team in each judicial district in the state:
(1) the district attorney of the judicial district in which the team is created and established, or the district attorney's designee;
(2) a representative from the protective services division of the children, youth and families department, appointed by the director of the division or the director's designee;
(3) a representative from a center that exists in the judicial district in which the team is located; and
(4) the following members, appointed by the agency head or designee of the following agencies:
(a) a representative from each law enforcement agency within the judicial district;
(b) medical personnel with expertise and certification in pediatric sexual assault, child physical abuse and neglect identification or treatment;
(c) a mental health service provider with training and experience in evidence-supported trauma-focused cognitive behavioral therapy; and
(d) a family or victim advocate from an agency designated for advocacy services in that judicial district.
B. The following multidisciplinary child abuse investigation team members shall be present before a forensic interview can take place:
(1) the center's forensic interviewer; and
(2) when available and as appropriate:
(a) a representative from law enforcement; and
(b) the representative from the protective services division of the children, youth and families department.
C. A multidisciplinary child abuse investigation team shall:
(1) develop a written protocol for the investigation and prosecution of cases of child abuse and neglect in accordance with each member agency's requirements;
(2) convene on a regular ongoing basis, at least every other month, for the purpose of conducting case tracking, case review and general business and considering proposed modifications to the team's existing protocol; and
(3) train and provide technical assistance to team members, agencies and medical providers that investigate child abuse and neglect cases.
History:
Laws 2019, ch. 134, § 4.
ANNOTATIONS
Effective dates.
— Laws 2019, ch. 134 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 14, 2019, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 5 - Adoptions › Section 32A-5-1 - Short title.

Chapter 32A, Article 5 NMSA 1978 may be cited as the "Adoption Act".
History:
1978 Comp., § 32A-5-1, enacted by Laws 1993, ch. 77, § 128; 2003, ch. 294, § 1; 2003, ch. 321, § 1.
ANNOTATIONS
Cross references.
— For provisions of Safe Haven for Infants Act,
see
24-22-1 NMSA 1978 et seq.
For adult adoptions,
see
40-14-1 to 40-14-15 NMSA 1978.
The 2003 amendment,
effective July 1, 2003, substituted "Chapter 32A" for "Chapter 32". Identical amendments to this section were enacted by Laws 2003, ch. 294, § 1, and Laws 2003, ch. 321, § 1. This section is set out as amended by Laws 2003, ch. 321, § 1.
See
12-1-8 NMSA 1978.
Equitable adoption.
— New Mexico recognizes "equitable adoptions"; those that are inferred by the law in the absence of compliance with statutory requirements. However, this recognition will only be made when certain strict requirements have been satisfied, such as the formation of a legally valid agreement by the purported parent to adopt the child.
Otero v. City of Albuquerque
, 1998-NMCA-137, 125 N.M. 770, 965 P.2d 354.
Prerequisite for wrongful death recovery.
— Child who had not been legally adopted by decedent and could not establish a basis for equitable adoption could not recover in a wrongful death action based on the accident that killed decedent.
Otero v. City of Albuquerque
, 1998-NMCA-137, 125 N.M. 770, 965 P.2d 354.
Law reviews.
— For note, "Family Law - A Limitation on Grandparental Rights in New Mexico: Christian Placement Service v. Gordon," see 17 N.M.L. Rev. 207 (1987).
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 2 Am. Jur. 2d Adoption § 1 et seq.
Required parties in adoption proceedings, 48 A.L.R.4th 860.
Action for wrongful adoption based on misrepresentation of child's mental or physical condition of parentage, 56 A.L.R.4th 375.
Attorney malpractice in connection with services related to adoption of child, 18 A.L.R.5th 892.
Adoption of child by same-sex partners, 27 A.L.R.5th 54.
"Wrongful adoption" causes of action against adoption agencies where children have or develop mental or physical problems that are misrepresented or not disclosed to adoptive parents, 74 A.L.R.5th 1.
2 C.J.S. Adoption of Persons §§ 5 to 9.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 5 - Adoptions › Section 32A-5-2 - Purpose.

The purpose of the Adoption Act is to:
A. establish procedures to effect a legal relationship between a parent and adopted child that is identical to that of a parent and biological child;
B. provide for family relationships that will give the adopted child protection and economic security and that will enable the child to develop physically, mentally and emotionally to the maximum extent possible; and
C. ensure due process protections.
History:
1978 Comp., § 32A-5-2, enacted by Laws 1993, ch. 77, § 129.
ANNOTATIONS
Decisions under prior law.
— In light of the similarity of the provisions, annotations decided under former Section 40-7-29 NMSA 1978 have been included in the annotations to this section.
Statutory proceeding.
— Adoption, unknown at common law, is a creature of statute.
Poncho v. Bowdoin
, 2006-NMCA-013, 138 N.M. 857, 126 P.3d 1221.
Purpose of statutes for adoption is
to make provision for the welfare of children and the legislation should be liberally construed to effect that purpose.
Barwin v. Reidy
, 1957-NMSC-016, 62 N.M. 183, 307 P.2d 175.
Adoption statutes accorded liberal construction.
— Adoption statutes are enacted in favor of humanity and are to be accorded a liberal construction by the courts.
Hahn v. Sorgen
, 1946-NMSC-015, 50 N.M. 83, 171 P.2d 308.
Construed to promote welfare of children.
— The proper construction of New Mexico adoption statutes is such as will promote the welfare of children.
Nevelos v. Railston
, 1959-NMSC-013, 65 N.M. 250, 335 P.2d 573.
Jurisdictional requirements to be strictly followed.
— The power to adopt children was unknown to the common law; it is a creation of statute which may prescribe the conditions under which adoption may be legally effected. Thus, the jurisdictional requirements of the statute for this special proceeding must be strictly followed.
Barwin v. Reidy
, 1957-NMSC-016, 62 N.M. 183, 307 P.2d 175.
Equitable adoption.
— New Mexico courts have recognized the doctrine of equitable adoption.
Poncho v. Bowdoin
, 2006-NMCA-013, 138 N.M. 857, 126 P.3d 1221.
Biological father cannot relinquish duties.
— In the absence of a formal adoption under the Adoption Act, the biological father cannot voluntarily effect a relinquishment of his parental duties imposed upon him by law.
Poncho v. Bowdoin
, 2006-NMCA-013, 138 N.M. 857, 126 P.3d 1221.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 5 - Adoptions › Section 32A-5-4 - Application of the federal Indian Child Welfare Act of 1978.

The protections set forth in the federal Indian Child Welfare Act of 1978, including provisions concerning notice to the Indian child's tribe, transfer to tribal court and placement preferences, apply to all proceedings involving an Indian child under the Adoption Act.
History:
1978 Comp., § 32A-5-4, enacted by Laws 1993, ch. 77, § 131.
ANNOTATIONS
Cross references.
— For the federal Indian Child Welfare Act of 1978,
see
25 U.S.C. § 1901.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 5 - Adoptions › Section 32A-5-5 - Indian child placement preferences.

A. In any adoptive placement of an Indian child under state law, preference shall be given, in the absence of good cause to the contrary, to a placement with:
(1) a member of the Indian child's extended family;
(2) other members of the child's Indian tribe; or
(3) other Indian families.
B. An Indian child accepted for pre-adoptive placement shall be placed in the least restrictive setting which most approximates a family in which the child's special needs, if any, may be met. The Indian child shall also be placed within reasonable proximity to the Indian child's home, taking into account special needs of the Indian child. In any foster care or pre-adoptive placement, a preference shall be given, in the absence of good cause to the contrary, to a placement with:
(1) a member of the Indian child's extended family;
(2) a foster home licensed, approved and specified by the Indian child's tribe;
(3) an Indian foster home licensed or approved by an authorized non-Indian licensing authority; or
(4) an institution for children approved by the Indian tribe or operated by an Indian organization that has a program suitable to meet the Indian child's needs.
C. If the placement preferences of this section are not followed or if the Indian child is placed in an institution, a plan shall be developed to ensure that the Indian child's cultural ties are protected and fostered.
History:
1978 Comp., § 32A-5-5, enacted by Laws 1993, ch. 77, § 132.
ANNOTATIONS
Cross references.
— For applicability of this section where an Indian child is taken into custody pursuant to the Safe Haven for Infants Act,
see
24-22-1 NMSA 1978.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 5 - Adoptions › Section 32A-5-6 - Authority of the department.

A. The department may adopt and promulgate necessary rules and forms for the administration of the Adoption Act, including rules for the assessment of fees. The rules shall not conflict with the provisions of the Adoption Act.
B. The department has the authority to provide or request additional information from an investigator or an attorney representing any person involved in any action filed pursuant to the provisions of the Adoption Act.
C. The department has the authority to intervene in any action filed pursuant to the provisions of the Adoption Act. The intervention shall be effected when legal counsel for the department files a motion for an entry of appearance and an appropriate response.
D. The department shall be served by mail by the attorney for the petitioner with copies of all pleadings filed in any action pursuant to the provisions of the Adoption Act, except for copies of the petition for adoption, the request for placement and the decree of adoption, which shall be served as provided in Section 32A-5-7 NMSA 1978.
E. The department is authorized to act as an accrediting entity on behalf of the state.
F. The department may assess fees for the cost of accrediting an agency or approving a person in matters related to convention adoptions. The department shall establish the amount of the fees by rule and the fees shall be subject to approval by the United States secretary of state. The amount of the fees shall not exceed the cost of similar services provided by the department.
History:
1978 Comp., § 32A-5-6, enacted by Laws 1993, ch. 77, § 133; 1995, ch. 206, § 27; 2003, ch. 294, § 3; 2003, ch. 321, § 3.
ANNOTATIONS
The 2003 amendment,
effective July 1, 2003, rewrote Subsection A and added Subsections E and F. Laws 2003, ch. 294, § 3 and Laws 2003, ch. 321, § 3 enacted identical amendments to this section. The section was set out as amended by Laws 2003, ch. 321, § 3.
See
12-1-8 NMSA 1978.
The 1995 amendment,
effective July 1, 1995, added "which shall be served as provided in Section 32A-5-7 NMSA 1978" at the end of Subsection D.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 5 - Adoptions › Section 32A-5-7 - Clerk of the court; duties.

A. The clerk of the court shall file pleadings captioned pursuant to the provisions of Section 32A-5-9 NMSA 1978. The clerk of the court shall not file incorrectly captioned pleadings.
B. The clerk of the court shall mail a copy of the request for placement to the department within one working day of the request for placement being filed with the court. The attorney for the person requesting placement shall provide to the clerk of the court a copy of the request for placement and a stamped envelope addressed to the department as specified in department rules.
C. The clerk of the court shall mail a copy of the petition for adoption within one working day of the petition for adoption being filed with the court. The attorney for the petitioner shall provide to the clerk of the court a copy of the petition for adoption and a stamped envelope addressed to the department as specified in department rules.
D. The clerk of the court shall mail a copy of the decree of adoption to the department within one working day of the entry of the decree of adoption. The attorney for the petitioner shall provide to the clerk of the court a copy of the decree of adoption and a stamped envelope addressed to the department as specified in department rules.
E. The clerk of the court shall provide a certificate of adoption with an adoptee's new name.
F. The attorney for the petitioner shall forward the certificate of adoption provided for in Subsection E of this section as follows:
(1) for a person born in the United States, to the appropriate vital statistics office of the place, if known, where the adoptee was born; or
(2) for all other persons, to the state registrar of vital statistics.
History:
1978 Comp., § 32A-5-7, enacted by Laws 1993, ch. 77, § 134; 1995, ch. 206, § 28; 2005, ch. 189, § 59; 2022, ch. 41, § 58.
ANNOTATIONS
Cross references.
— For the Federal Indian Child Welfare Act of 1978,
see
25 U.S.C. § 1901.
The 2022 amendment,
effective July 1, 2022, removed a provision related to Indian children which is now covered by the Indian Family Protection Act; and deleted former Subsection E and redesignated former Subsections F and G as Subsections E and F, respectively.
The 2005 amendment,
effective June 17, 2005, in Subsection F, provided that the clerk of the court shall provide a certificate of adoption with the adoptee's new name; and added Subsection G, which provided that the attorney for the petitioner shall forward the certificate of adoption as provided in Subsection G(1) and (2).
The 1995 amendment,
effective July 1, 1995, substituted "32A-5-9" for "32-5-9" in Subsection A and added the second sentence in Subsection E.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 5 - Adoptions › Section 32A-5-9 - Caption.

The caption for adoption proceedings shall be styled "In the Matter of the Adoption Petition of (Petitioner's Name)".
History:
1978 Comp., § 32A-5-9, enacted by Laws 1993, ch. 77, § 136.
ANNOTATIONS
Cross references.
— For captions of pleadings filed in the district courts,
see
Rule 1-008.1 NMRA.
For captions of pleadings and papers filed with the children's courts,
see
Rule 10-112 NMRA.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 5 - Adoptions › Section 32A-5-10 - Venue.

A petition for adoption may be filed in any county where:
A. a petitioner is a resident;
B. the adoptee is physically present at the time the petition is filed;
C. an office of the agency that placed the adoptee for adoption is located; or
D. the department office from which the child was placed is located.
History:
1978 Comp., § 32A-5-10, enacted by Laws 1993, ch. 77, § 137.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 5 - Adoptions › Section 32A-5-11 - Who may be adopted; who may adopt.

A. Any child may be adopted.
B. Residents who are one of the following may adopt:
(1) any individual who has been approved by the court as a suitable adoptive parent pursuant to the provisions of the Adoption Act; and
(2) a married individual without the individual's spouse joining in the adoption if:
(a) the nonjoining spouse is a parent of the adoptee;
(b) the individual and the nonjoining spouse are legally separated; or
(c) the failure of the nonjoining spouse to join in the adoption is excused for reasonable circumstances as determined by the court.
C. Nonresidents who meet the criteria of Subsection B of this section may adopt in New Mexico if the adoptee is a resident of New Mexico or was born in New Mexico but is less than six months of age and was placed by the department or an agency licensed by the state of New Mexico.
History:
1978 Comp., § 32A-5-11, enacted by Laws 1993, ch. 77, § 138.
ANNOTATIONS
Decisions under prior law.
— In light of the similarity of the provisions, annotations decided under former Section 40-7-33 NMSA 1978 have been included in the annotations to this section.
Provision requiring residence as mandatory.
— The provision requiring adopting persons to be residents of the state was mandatory and it limited jurisdiction over adoption proceedings to those brought by residents of New Mexico.
Heirich v. Howe
, 1946-NMSC-016, 50 N.M. 90, 171 P.2d 312.
Since petitioners for adoption are nonresidents,
the district court lacks the necessary jurisdiction and petition to adopt must be dismissed.
Heirich v. Howe
, 1946-NMSC-016, 50 N.M. 90, 171 P.2d 312 (decided under prior law).