2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 1 - General Provisions › Section 32A-1-11 - Petition; form and content.

A petition initiating proceedings pursuant to the provisions of Chapter 32A, Article 2, 3B, 4 or 6 NMSA 1978 shall be entitled, "In the Matter of ............, a child", and shall set forth with specificity:
A. the facts necessary to invoke the jurisdiction of the court;
B. if violation of a criminal statute or other law or ordinance is alleged, the citation to the appropriate law;
C. the name, birth date and residence address of the child;
D. the name and residence address of the parents, guardian, custodian or spouse, if any, of the child; and if no parent, guardian, custodian or spouse, if any, resides or can be found within the state or if a residence address is unknown, the name of any known adult relative residing within the state or, if there be none, the known adult relative residing nearest to the court;
E. whether the child is in custody or detention pursuant to the Delinquency Act [Chapter 32A, Article 2 NMSA 1978] and, if so, the place of custody or detention and the time the child was taken into custody;
F. whether the child is an Indian child and, if so, any additional information required pursuant to the Indian Family Protection Act [32A-28-1 to 32A-28-42 NMSA 1978]; and
G. if any of the matters required to be set forth by this section are not known, a statement of those matters and the fact that they are not known.
History:
1978 Comp., § 32A-1-11, enacted by Laws 1993, ch. 77, § 20; 2005, ch. 189, § 6; 2022, ch. 41, § 46.
ANNOTATIONS
Cross references.
— For the Supreme Court approved form,
see
Children's Court Rule 10-101 NMRA.
The 2022 amendment,
effective July 1, 2022, amended an existing provision that listed items of information required to be set forth in petitions initiating delinquency proceedings, family in need of court-ordered services proceedings, or child abuse and neglect proceedings to include "any additional information required pursuant to the Indian Family Protection Act; and in Subsection F, added "and, if so, any additional information required pursuant to the Indian Family Protection Act".
The 2005 amendment,
effective June 17, 2005, provided in Subsection E that a petition shall set forth whether the child is in custody or detention pursuant to the Delinquency Act and the place of custody or detention.
Decisions under prior law.
— In light of the similarity of the provisions, annotations decided under former Section 32-1-19 NMSA 1978 have been included in the annotations to this section.
Neglect proceeding without final judgment does not bar termination proceeding.
— Since neglect proceedings do not result in a final judgment on the merits, the department is not barred under the "judgments" rule from later bringing termination proceedings.
In re Doe
, 1982-NMCA-115, 98 N.M. 442, 649 P.2d 510,
overruled by
State v. Roper
, 1996-NMSA-073, 122 N.M. 126, 921 P.2d 322.
Petition held insufficient.
— Petition alleging that child had committed a delinquent act but not alleging that the child was in need of care or rehabilitation was insufficient to confer jurisdiction upon the children's court, since delinquency requires a showing that both elements exist.
In re Doe
, 1975-NMCA-002, 87 N.M. 170, 531 P.2d 218 (decided under prior law).
Law reviews.
— For comment, "The Freedom of the Press vs. The Confidentiality Provisions in the New Mexico Children's Code," see 4 N.M.L. Rev. 119 (1973).
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 47 Am. Jur. 2d Juvenile Courts and Delinquent and Dependent Children § 36 et seq.
43 C.J.S. Infants §§ 93, 99.