reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 5 - Adoptions › Section 32A-5-14 - Pre-placement study.

A. The pre-placement study shall be performed as prescribed by department regulation and shall include at a minimum the following:
(1) an individual interview with each petitioner;
(2) a joint interview with both petitioners; if a joint interview is not conducted, an explanation shall be provided in the pre-placement study;
(3) a home visit, which shall include an interview with the petitioner's children and any other permanent residents of the petitioner's home;
(4) an interview with the adoptee, if age appropriate;
(5) an individual interview with each of the adoptee's parents; if a parent is not interviewed, an explanation shall be provided in the pre-placement study;
(6) full disclosure to the petitioner;
(7) exploration of the petitioners' philosophy concerning discussion of adoption issues with the adoptee;
(8) the initiation of a criminal records check of each petitioner;
(9) a medical certificate dated not more than one year prior to any adoptive placement assessing the petitioner's health as it relates to the petitioner's ability to care for the adoptee;
(10) a minimum of three letters of reference from individuals named by the petitioner or memoranda of the dates and contents of personal contacts with the references;
(11) a statement of the capacity and readiness of the petitioner for parenthood and the petitioner's emotional and physical health and ability to shelter, feed, clothe and educate the adoptee;
(12) verification of the petitioner's employment, financial resources and marital status;
(13) a report of a medical examination performed on the adoptee within one year prior to the proposed adoptive placement;
(14) a statement of the results of any prior pre-placement study or initiation of a pre-placement study, if any, of the petitioners done by any person; and
(15) the investigator shall attach a copy of proof of certification by the department for the investigator to conduct pre-placement studies, or if the preparer of the pre-placement study is out-of-state, the preparer shall attach a statement setting forth qualifications that are equivalent to those required of an investigator pursuant to the provisions of Section 32A-5-13 NMSA 1978 and department regulations.
B. The pre-placement study shall be completed at the cost of the petitioner.
C. Unless directed by the court, a pre-placement study is not required in cases in which the child is being adopted by a stepparent, a relative or a person named in the child's deceased parent's will pursuant to Section 32A-5-12 NMSA 1978.
D. The pre-placement study shall be filed with the court.
History:
1978 Comp., § 32A-5-14, enacted by Laws 1993, ch. 77, § 141; 1995, ch. 206, § 32.
ANNOTATIONS
The 1995 amendment,
effective July 1, 1995, deleted former Paragraph (14) of Subsection A relating to a statement documenting the adoptee's family background and redesignated the remaining paragraphs accordingly, substituted "32A-5-13" for "32-5-13" in Paragraph (15) of Subsection A, and added Subsections C and D.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 5 - Adoptions › Section 32A-5-14.1 - Criminal history records check; background checks.

A. A nationwide criminal history records check shall be conducted on a person who files a petition to adopt a child, on prospective foster parents and on other adults residing in the prospective adoptive or foster parent's household. A person who files a petition to adopt a child shall provide the department with a set of fingerprints. The department is authorized to use the set of fingerprints to conduct a background check of the person providing the fingerprints by submitting the fingerprints to the department of public safety and the federal bureau of investigation.
B. Criminal history records obtained by the department pursuant to the provisions of this section are confidential. Criminal history records obtained pursuant to the provisions of this section shall not be used for any purpose other than conducting background checks. Criminal history records obtained pursuant to the provisions of this section and the information contained in those records shall not be released or disclosed to any other person or agency, except pursuant to a court order or with the written consent of the person who is the subject of the records.
C. A person who releases or discloses criminal history records or information contained in those records in violation of the provisions of this section is guilty of a misdemeanor and shall be sentenced pursuant to the provisions of Section 31-19-1 NMSA 1978.
History:
Laws 2003, ch. 294, § 8 and Laws 2003, ch. 321, § 8; 2005, ch. 189, § 62.
ANNOTATIONS
The 2005 amendment,
effective June 17, 2005, required in Subsection A that a criminal history records check be conducted on prospective foster parents and on other adults residing in the prospective adoptive or foster parent's household.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 5 - Adoptions › Section 32A-5-19 - Persons whose consents or relinquishments are not required.

The consent to adoption or relinquishment of parental rights required pursuant to the provisions of the Adoption Act shall not be required from:
A. a parent whose rights with reference to the adoptee have been terminated pursuant to law;
B. a parent who has relinquished the child to an agency for an adoption;
C. a biological father of an adoptee conceived as a result of rape or incest;
D. a person who has failed to respond when given notice pursuant to the provisions of Section 32A-5-27 NMSA 1978; or
E. an alleged father who has failed to register with the putative father registry within ten days of the child's birth and is not otherwise the acknowledged father.
History:
1978 Comp., § 32A-5-19, enacted by Laws 1993, ch. 77, § 146; 1997, ch. 34, § 12; 2001, ch. 162, § 4.
ANNOTATIONS
The 2001 amendment,
effective June 15, 2001, in Subsection E, substituted "an alleged father" for "any putative father"; inserted "and is not otherwise the acknowledged father"; and deleted former Subsection F, which read "any alleged father".
The 1997 amendment,
effective July 1, 1997, substituted "32A-5-27" for "32-5-27" in Subsection D, added Subsection F, and made minor stylistic changes at the end of Subsections D and E.
Adoptee conceived as result of rape.
— Man convicted of criminal sexual penetration of a child had no constitutional right under the due process clause of the United States or New Mexico constitutions to withhold consent to adoption of the child conceived and born as a result of that act.
Christian Child Placement Serv. of the N.M. Christian Children's Home v. Vestal
, 1998-NMCA-098, 125 N.M. 426, 962 P.2d 1261.
Criminal sexual penetration of 16-year-old not rape.
— Child conceived as a result of fourth-degree criminal sexual penetration of a 16-year-old was not conceived "as a result of rape" authorizing dismissal of the father from adoption proceedings under Subsection C of this section.
State ex rel. Children, Youth & Families Dep't v. Paul P.
, 1999-NMCA-077, 127 N.M. 492, 983 P.2d 1011.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 5 - Adoptions › Section 32A-5-24 - Relinquishments to the department.

A. When a parent elects to relinquish parental rights to the department, a petition to accept the relinquishment shall be filed, unless an abuse or neglect proceeding is pending. If an abuse or neglect proceeding is pending, the relinquishment shall be heard in the context of that proceeding.
B. In all hearings regarding relinquishment of parental rights to the department, the child shall be represented by a guardian ad litem. If the child is fourteen years of age or older and in the custody of the department, the child's attorney appointed pursuant to the Abuse and Neglect Act [Chapter 32A, Article 4 NMSA 1978] shall represent the child in any proceeding for termination of parental rights under this section.
C. If a proposed relinquishment of parental rights is not in contemplation of adoption, the court shall not allow the relinquishment of parental rights unless it finds that good cause exists, that the department has made reasonable efforts to preserve the family and that relinquishment of parental rights is in the child's best interest. Whenever a parent relinquishes the parent's rights pursuant to this subsection, the parent shall remain financially responsible for the child. The court may order the parent to pay the reasonable costs of support and maintenance of the child. The court may use the child support guidelines set forth in Section 40-4-11.1 NMSA 1978 to calculate a reasonable payment.
D. When a parent relinquishes the parent's rights under this section, the parent shall be notified that no contact will be enforced by the court, regardless of any informal agreement, unless the parties have agreed to an open adoption pursuant to Section 32A-5-35 NMSA 1978. The consent for relinquishment shall be in writing and shall state that the parties understand that any informal agreement allowing contact will not be enforced by the courts.
History:
1978 Comp., § 32A-5-24, enacted by Laws 1993, ch. 77, § 151; 2005, ch. 189, § 66; 2009, ch. 239, § 55.
ANNOTATIONS
The 2009 amendment,
effective July 1, 2009, in Subsection B, added the last sentence.
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, added Subsection D, which provided that when a parent relinquishes parental rights, the parent shall be notified that no contract will be enforced by the court unless the parties have agreed to an open adoption and that the consent for relinquishment shall be in writing and shall state that the parties understand that any informal agreement allowing contact will not be enforced by the court.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 5 - Adoptions › Section 32A-5-25 - Petition; time of filing.

A. A petition for adoption shall be filed within sixty days of the adoptee's placement into the proposed adoptive home if the adoptee is under the age of one year. If the adoptee is over the age of one year at the time of placement, the petition shall be filed within one hundred twenty days of the placement. For good cause shown, the court may extend those time limits up to an additional one hundred eighty days if a request for extension is filed prior to the expiration of the initial time limits. No further extensions of time shall be granted after the one hundred eighty day extension period, unless an addendum to the pre-placement study is filed in addition to an affidavit establishing good cause for the delay in filing the adoption petition.
B. If a petition is not filed in a timely manner, any person having knowledge of the proceeding shall notify the department, which may proceed as if the adoptee were a neglected child.
History:
1978 Comp., § 32A-5-25, enacted by Laws 1993, ch. 77, § 152; 1995, ch. 206, § 37.
ANNOTATIONS
The 1995 amendment,
effective July 1, 1995, substituted "adoptee's" for "child's" and "adoptee" for "child" throughout the section.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 5 - Adoptions › Section 32A-5-28 - Response to petition.

A. Any person responding to a notice of a petition for adoption shall file a verified response to the petition within the time limits specified in Section 32A-5-25 NMSA 1978.
B. The verified response shall follow the Rules of Civil Procedure for the District Courts and shall allege:
(1) the existence of any court orders known to the respondent that regulate custody, visitation or access to the adoptee but have not been filed with the court at the time the response is filed and copies of which shall be attached to the response;
(2) the relationship, if any, of the respondent to the adoptee;
(3) whether the adoptee is an Indian child;
(4) whether the adoption is subject to the Interstate Compact on the Placement of Children [32A-11-1 NMSA 1978]; and
(5) whether the adoption is an open adoption.
History:
1978 Comp., § 32A-5-28, enacted by Laws 1993, ch. 77, § 155; 2022, ch. 41, § 66.
ANNOTATIONS
Cross references.
— For Rules of Civil Procedure for the District Courts,
see
1-001 NMRA.
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 in Subsection B, Paragraph B(3), after "Indian child", deleted "and, if so, the response shall set forth all allegations required under the federal Indian Child Welfare Act of 1978".
Applicability.
— Laws 2022, ch. 41, § 73 provided that the provisions of Laws 2022, ch. 41 apply to all cases filed on or after July 1, 2022.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 5 - Adoptions › Section 32A-5-29 - Custody pending decree.

Once the adoptee has been placed with the petitioner pursuant to the provisions of the Adoption Act, the petitioner shall have physical custody and control of the adoptee and shall be responsible for the care, maintenance and support of the adoptee, including all necessary medical, dental, psychological or surgical treatment, pending the further order of the court. Should the child be returned to the parents, this section shall not prohibit petitioners from seeking reimbursement for the child's expenses from the parents.
History:
1978 Comp., § 32A-5-29, enacted by Laws 1993, ch. 77, § 156.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 5 - Adoptions › Section 32A-5-30 - Removal of adoptee from the county.

During the pendency of an adoption proceeding, the adoptee shall not be removed from the county where the petitioner resides at the time of filing a petition for adoption for a period longer than fifteen days without the permission of the court in which the adoption is pending.
History:
1978 Comp., § 32A-5-30, enacted by Laws 1993, ch. 77, § 157; 1995, ch. 206, § 39.
ANNOTATIONS
The 1995 amendment,
effective July 1, 1995, substituted "where the petitioner resides at the time of filing a petition for adoption" for "in which the adoption is pending".
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 5 - Adoptions › Section 32A-5-32 - Stepparent adoptions.

A. Any person may adopt his spouse's child in accordance with the provisions of the Adoption Act.
B. When the adoptee has lived with his stepparent for at least one year following the stepparent's marriage to the custodial parent:
(1) placement shall not be required pursuant to Section 32A-5-12 NMSA 1978;
(2) a pre-placement study or post-placement report shall not be required unless ordered by the court;
(3) when the stepparent and the custodial parent have been married for less than two years, counseling shall be required for the stepparent and the custodial parent;
(4) the noncustodial parent shall receive counseling unless counseling is waived;
(5) the adoptee, if ten years of age or older, shall receive counseling;
(6) a criminal records check shall be conducted on a stepparent pursuant to the provisions of Section 32A-5-14 NMSA 1978;
(7) a report of fees and charges shall not be prepared, unless ordered by the court pursuant to Section 32A-5-34 NMSA 1978;
(8) the court may waive the ninety-day period between the filing of the petition for adoption and issuance of the decree of adoption; and
(9) when adopted, the adoptee shall take the name designated in the adoption petition, so long as the petitioner's spouse and the adoptee, if ten years of age or older, consent to the name.
C. When an adoptee has not lived with the stepparent for more than one year following the stepparent's marriage to the custodial parent, the adoption shall proceed as an independent adoption.
History:
1978 Comp., § 32A-5-32, enacted by Laws 1993, ch. 77, § 159; 1995, ch. 206, § 40.
ANNOTATIONS
The 1995 amendment,
effective July 1, 1995, in Subsection B, rewrote Paragraphs (1) and (2), added Paragraphs (3) through (6), redesignated former Paragraphs (3) through (5) as Paragraphs (7) through (9), and substituted "32A-5-34" for "32-5-34" in Paragraph (7) and "ten years of age or older" for "older than ten years of age" in Paragraph (9).
One-year residency requirement.
— The one-year residency provision for stepparent adoptions is not jurisdictional in nature; it is a statutory prerequisite to stepparent adoption and, therefore, the father could not challenge the adoption decree on the basis that the court lacked jurisdiction because the one-year residency requirement was not met.
In re Adoption of Webber
, 1993-NMCA-099, 116 N.M. 47, 859 P.2d 1074 (Ct. App. 1993).
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 5 - Adoptions › Section 32A-5-33 - Appointment of guardian ad litem or attorney for the adoptee or other party.

Upon the motion of any party or upon the court's own motion, the court may appoint a guardian ad litem for the adoptee or for any person found to be incompetent or a child who is a party to the proceeding. In any contested proceeding, the court shall appoint a guardian ad litem for the adoptee. The court may appoint the child's attorney appointed pursuant to the Abuse and Neglect Act if the child is fourteen years of age or older and in the custody of the department.
History:
1978 Comp., § 32A-5-33, enacted by Laws 1993, ch. 77, § 160; 2009, ch. 239, § 56.
ANNOTATIONS
The 2009 amendment,
effective July 1, 2009, in the first sentence, after "adoptee or for any", added "person found to be" and added the last sentence.
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.
Payment of attorneys fees.
— New Mexico Supreme Court has promulgated an order adopting guidelines for the payment of attorney fees for counsel appointed by the court.
See
Supreme Court, Miscellaneous Order No. 8000, filed November 17, 1987. This order generally governs the method of payment of attorneys appointed to serve as a guardian ad litem in adoption proceedings and authorizes payment of their fees from funds appropriated to the administrative office of the courts.
In re Adoption of Stailey
, 1994-NMCA-015, 117 N.M. 199, 870 P.2d 161.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 5 - Adoptions › Section 32A-5-38 - Birth certificates.

A. Within thirty days after an adoption decree becomes final, the petitioner shall prepare an application for a birth certificate in the new name of the adoptee, showing the petitioner as the adoptee's parent, and shall provide the application to the clerk of the court. The petitioner shall forward the application:
(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. In the case of the adoption of a person born outside the United States, if requested by the petitioner, the court shall make findings, based on evidence from the petitioner and other reliable state or federal sources, on the date and place of birth of the adoptee. These findings shall be certified by the court and included with the application for a birth certificate.
B. The state registrar of vital statistics shall prepare a birth record in the new name of the adoptee in accordance with the vital statistics laws, but subject to the requirements of the Adoption Act as to the confidentiality of adoption records.
History:
1978 Comp., § 32A-5-38, enacted by Laws 1993, ch. 77, § 165; 2005, ch. 189, § 70.
ANNOTATIONS
Cross references.
— For new birth certificates following adoption, legitimation and paternity determination,
see
24-14-17 NMSA 1978.
The 2005 amendment,
effective June 17, 2005, in Subsection A, changed "clerk of the court" to "petitioner".
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 5 - Adoptions › Section 32A-5-39 - Recognition of foreign decrees.

A. Every decree or order of adoption terminating the parent-child relationship or establishing the relationship of parent and child by adoption entered by a court or other entity in another country acting pursuant to that country's law or pursuant to any convention or treaty or intercountry adoption that the United States has ratified shall be recognized in this state, so that the rights and obligations of the parties as to matters within the jurisdiction of this state shall be determined as though the decree or order of adoption were issued by the courts of this state.
B. A convention adoption in a foreign country that is certified by the United States secretary of state shall be recognized as a final adoption in this state.
History:
1978 Comp., § 32A-5-39, enacted by Laws 1993, ch. 77, § 166; 2003, ch. 294, § 6; 2003, ch. 321, § 6; 2005, ch. 189, § 71.
ANNOTATIONS
The 2005 amendment,
effective June 17, 2005, provided that every decree or order of adoption entered by a court or other entity in another country pursuant to that country's law or any convention or treaty or intercountry adoption that the United States has ratified shall be recognized in New Mexico.
The 2003 amendment,
effective July 1, 2003, inserted the Subsection A designation and added Subsection B. Laws 2003, ch. 294, § 6 and Laws 2003, ch. 321, § 6 enacted identical amendments to this section. The section was set out as amended by Laws 2003, ch. 321, § 6.
See
12-1-8 NMSA 1978.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 5 - Adoptions › Section 32A-5-39.1 - Application of the federal Intercountry Adoption Act.

The protections and requirements set forth in the federal Intercountry Adoption Act apply to all proceedings involving a convention adoption.
History:
Laws 2003, ch. 294, § 7 and Laws 2003, ch. 321, § 7.
ANNOTATIONS
Cross references.
— For the Intercountry Adoption Act,
see
42 U.S.C. § 14901 et seq.
Duplicate laws.
— Laws 2003, ch. 294, § 7, and Laws 2003, ch. 321, § 7, enacted identical sections of law, effective July 1, 2003. Both were compiled as 32A-5-39.1 NMSA 1978.
See
12-1-8 NMSA 1978.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 5 - Adoptions › Section 32A-5-42 - Penalties.

A. Any person other than an agency who, in the regular course of business, selects an adoptive family for a prospective adoptee or arranges for the selection is guilty of a misdemeanor and subject to imprisonment in the county jail for a definite term of less than one year or to the payment of a fine of not more than one thousand dollars ($1,000), or to both, the penalties to be in the discretion of the judge, for each occurrence; provided, that the exchange of information between persons regarding the existence of a potential adoptee or potential adoptive family shall not be a violation of this section.
B. Any person who violates any provision of the Adoption Act is guilty of a misdemeanor and subject to imprisonment in the county jail for a definite term of less than one year or to the payment of a fine of not more than one thousand dollars ($1,000), or both, the penalties to be in the discretion of the judge, for each occurrence.
History:
1978 Comp., § 32A-5-42, enacted by Laws 1993, ch. 77, § 169.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 5 - Adoptions › Section 32A-5-42.1 - Unauthorized adoption facilitation; penalties.

A. A person, other than a person described in Subsection C of this section, who knowingly or intentionally engages in adoption services with a person in this state for compensation is guilty of a misdemeanor and shall be sentenced in accordance with the provisions of Section 32A-5-42 NMSA 1978.
B. A violation of this section constitutes an unfair or deceptive trade practice pursuant to the Unfair Practices Act [Chapter 57, Article 12 NMSA 1978].
C. This section does not apply to the following persons:
(1) the department, a person authorized to act on behalf of the department or a similar agency in another state;
(2) an investigator or counselor;
(3) an agency licensed pursuant to the laws of this state or another state that is providing an adoption service within that state to a parent, prospective adoptive parent or a specific and identified adoptee who resides in that state;
(4) an attorney licensed to practice law in this state or in another state who is providing a legal service within and pursuant to the laws of that state to a parent, prospective adoptive parent or a specific and identified adoptee who resides in that state;
(5) an agency facilitating the adoption of a foreign born child;
(6) an agency facilitating a new placement of a child following a disruption or termination of an adoption; or
(7) a prospective adoptive parent or biological parent acting alone on the parent's own behalf.
History:
Laws 2012, ch. 28, § 4.
ANNOTATIONS
Emergency clauses.
— Laws 2012, ch. 28, § 6 contained an emergency clause and was approved on March 3, 2012.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 5 - Adoptions › Section 32A-5-42.2 - Advertising adoption services; requirements; penalties.

A. A person, other than a person described in Subsection E of this section, shall not advertise adoption services unless the advertisement includes the following statement: "WARNING: (INSERT NAME OF PERSON ADVERTISED) IS NOT ACCREDITED, CERTIFIED OR LICENSED TO PROVIDE ADOPTION SERVICES WITHIN NEW MEXICO.". If the advertisement is in print, the required statement shall be entirely in uppercase letters and in a print size no smaller than that generally used in the advertisement. If the advertisement is spoken, the required statement shall be spoken at the same pace and volume as that generally used in the advertisement.
B. A person who violates this section is guilty of a misdemeanor and shall be sentenced in accordance with the provisions of Section 32A-5-42 NMSA 1978.
C. A violation of this section constitutes an unfair or deceptive trade practice pursuant to the Unfair Practices Act [Chapter 57, Article 12 NMSA 1978].
D. For purposes of this section, "advertise" means to communicate, market, promote, induce or solicit by public media originating or distributed in New Mexico, including newspapers, periodicals, telephone book listings, outdoor advertising, radio, television or other electronic media.
E. This section does not apply to:
(1) the department or a person authorized to act on behalf of the department;
(2) an agency licensed by the department;
(3) an investigator or counselor;
(4) an attorney licensed in the state who advertises legal services relating to adoption; or
(5) a prospective adoptive parent who is acting alone on the prospective adoptive parent's own behalf and who has a current, approved pre-placement study as required by the department.
F. An advertising, marketing or promotional medium that accepts and publishes or otherwise distributes in good faith an advertisement that does not meet the requirements of this section is not subject to civil or criminal penalties pursuant to this section.
History:
Laws 2012, ch. 28, § 5.
ANNOTATIONS
Emergency clauses.
— Laws 2012, ch. 28, § 6 contained an emergency clause and was approved on March 3, 2012.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 5 - Adoptions › Section 32A-5-43 - Purpose of subsidized adoptions.

It is the purpose of Sections 32-5-43 [32A-5-43] through 32-5-45 [32A-5-45] NMSA 1978 to encourage and promote the placement of children who are difficult to place in permanent homes through a subsidized program within the social services division of the department.
History:
1978 Comp., § 32A-5-43, enacted by Laws 1993, ch. 77, § 170.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 5 - Adoptions › Section 32A-5-44 - Eligibility for subsidized adoptions.

A. The social services division of the human services department [health care authority department] may make payments to adoptive parents or to medical vendors on behalf of a child placed for adoption by the division or by an agency when the division determines that:
(1) the child is difficult to place; and
(2) the adoptive family is capable of providing the permanent family relationship needed by the child in all respects, except that the needs of the child are beyond the economic resources and ability of the family.
B. As used in Sections 32A-5-43 through 32A-5-45 NMSA 1978, a "difficult to place child" means a child who has a mental, physical or emotional disability or who is in special circumstances by virtue of age, sibling relationship or racial background.
History:
1978 Comp., § 32A-5-44, enacted by Laws 1993, ch. 77, § 171; 2007, ch. 46, § 39.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law. Laws 2023, ch. 205, § 16 provided that references to the human services department shall be deemed to be references to the health care authority department.
The 2007 amendment,
effective June 15, 2007, made non-substantive language changes.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 6 - Children's Mental Health and Developmental Disabilities (Repealed.) › Section 32A-6-1 - Repealed.

History:
Laws 1995, ch. 207, § 1; repealed by Laws 2007, ch. 162, § 31.
ANNOTATIONS
Repeals.
— Laws 2007, ch. 162, § 31 repealed 32A-6-1 NMSA 1978, as enacted by Laws 1995, ch. 207, § 1, effective June 15, 2007. For provisions of former section,
see
the 2006 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 6 - Children's Mental Health and Developmental Disabilities (Repealed.) › Section 32A-6-2 - Repealed.

History:
Laws 1995, ch. 207, § 2; 1999, ch. 254, § 1; 2007, ch. 46, § 40; repealed by Laws 2007, ch. 162, § 31.
ANNOTATIONS
Repeals.
— Laws 2007, ch. 162, § 31 repealed 32A-6-2 NMSA 1978, as enacted by Laws 1995, ch. 207, § 2, effective June 15, 2007. For provisions of former section,
see
the 2006 NMSA 1978 on
NMOneSource.com.
Compiler's notes.
— Laws 2007, ch. 46, § 40 amended this section and Laws 2007, ch. 162, § 31 repealed this section. Laws 2007, ch. 46, § 40, effective June 15, 2007, made non-substantive language changes. This section was repealed by Laws 2007, ch. 162, § 31.
See
12-1-8 NMSA 1978.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 6 - Children's Mental Health and Developmental Disabilities (Repealed.) › Section 32A-6-3 - Repealed.

History:
Laws 1995, ch. 207, § 3; repealed by Laws 2007, ch. 162, § 31.
ANNOTATIONS
Repeals.
— Laws 2007, ch. 162, § 31 repealed 32A-6-3 NMSA 1978, as enacted by Laws 1995, ch. 207, § 3, effective June 15, 2007. For provisions of former section,
see
the 2006 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 6 - Children's Mental Health and Developmental Disabilities (Repealed.) › Section 32A-6-4 - Repealed.

History:
Laws 1995, ch. 207, § 4; repealed by Laws 2007, ch. 162, § 31.
ANNOTATIONS
Repeals.
— Laws 2007, ch. 162, § 31 repealed 32A-6-4 NMSA 1978, as enacted by Laws 1995, ch. 207, § 4, effective June 15, 2007. For provisions of former section,
see
the 2006 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 6 - Children's Mental Health and Developmental Disabilities (Repealed.) › Section 32A-6-5 - Repealed.

History:
Laws 1995, ch. 207, § 5; repealed by Laws 2007, ch. 162, § 31.
ANNOTATIONS
Repeals.
— Laws 2007, ch. 162, § 31 repealed 32A-6-5 NMSA 1978, as enacted by Laws 1995, ch. 207, § 5, effective June 15, 2007. For provisions of former section,
see
the 2006 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 6 - Children's Mental Health and Developmental Disabilities (Repealed.) › Section 32A-6-6 - Repealed.

History:
Laws 1995, ch. 207, § 6; repealed by Laws 2007, ch. 162, § 31.
ANNOTATIONS
Repeals.
— Laws 2007, ch. 162, § 31 repealed 32A-6-6 NMSA 1978, as enacted by Laws 1995, ch. 207, § 6, effective June 15, 2007. For provisions of former section,
see
the 2006 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 6 - Children's Mental Health and Developmental Disabilities (Repealed.) › Section 32A-6-7 - Repealed.

History:
Laws 1995, ch. 207, § 7; repealed by Laws 2007, ch. 162, § 31.
ANNOTATIONS
Repeals.
— Laws 2007, ch. 162, § 31 repealed 32A-6-7 NMSA 1978, as enacted by Laws 1995, ch. 207, § 7, effective June 15, 2007. For provisions of former section,
see
the 2006 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 6 - Children's Mental Health and Developmental Disabilities (Repealed.) › Section 32A-6-8 - Repealed.

History:
Laws 1995, ch. 207, § 8; repealed by Laws 2007, ch. 162, § 31.
ANNOTATIONS
Repeals.
— Laws 2007, ch. 162, § 31 repealed 32A-6-8 NMSA 1978, as enacted by Laws 1995, ch. 207, § 8, effective June 15, 2007. For provisions of former section,
see
the 2006 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 6 - Children's Mental Health and Developmental Disabilities (Repealed.) › Section 32A-6-9 - Repealed.

History:
Laws 1995, ch. 207, § 9; repealed by Laws 2007, ch. 162, § 31.
ANNOTATIONS
Repeals.
— Laws 2007, ch. 162, § 31 repealed 32A-6-9 NMSA 1978, as enacted by Laws 1995, ch. 207, § 9, effective June 15, 2007. For provisions of former section,
see
the 2006 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 6 - Children's Mental Health and Developmental Disabilities (Repealed.) › Section 32A-6-10 - Repealed.

History:
Laws 1995, ch. 207, § 10; repealed by Laws 2007, ch. 162, § 31.
ANNOTATIONS
Repeals.
— Laws 2007, ch. 162, § 31 repealed 32A-6-10 NMSA 1978, as enacted by Laws 1995, ch. 207, § 10, effective June 15, 2007. For provisions of former section,
see
the 2006 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 6 - Children's Mental Health and Developmental Disabilities (Repealed.) › Section 32A-6-10.1 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1999, ch. 254, § 5 repealed 32A-6-10.1 NMSA 1978, as enacted by Laws 1995, ch. 207, § 11, relating to resource consultants for children placed in residential treatment or habilitation programs, effective July 1, 1999. For provisions of former section,
see
the 1998 NMSA 1978
NMOneSource.com.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 6 - Children's Mental Health and Developmental Disabilities (Repealed.) › Section 32A-6-11 - Repealed.

History:
Laws 1995, ch. 207, § 12; repealed by Laws 2007, ch. 162, § 31.
ANNOTATIONS
Repeals.
— Laws 2007, ch. 162, § 31 repealed 32A-6-11 NMSA 1978, as enacted by Laws 1995, ch. 207, § 12, effective June 15, 2007. For provisions of former section,
see
the 2006 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 6 - Children's Mental Health and Developmental Disabilities (Repealed.) › Section 32A-6-11.1 - Repealed.

History:
Laws 1995, ch. 207, § 13; 1999, ch. 254, § 2; repealed by Laws 2007, ch. 162, § 31.
ANNOTATIONS
Repeals.
— Laws 2007, ch. 162, § 31 repealed 32A-6-11.1 NMSA 1978, as enacted by Laws 1995, ch. 207, § 13, effective June 15, 2007. For provisions of former section,
see
the 2006 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 6 - Children's Mental Health and Developmental Disabilities (Repealed.) › Section 32A-6-12 - Repealed.

History:
Laws 1995, ch. 207, § 14; 1999, ch. 254, § 3; repealed by Laws 2007, ch. 162, § 31.
ANNOTATIONS
Repeals.
— Laws 2007, ch. 162, § 31 repealed 32A-6-12 NMSA 1978, as enacted by Laws 1995, ch. 207, § 14, effective June 15, 2007. For provisions of former section,
see
the 2006 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 6 - Children's Mental Health and Developmental Disabilities (Repealed.) › Section 32A-6-13 - Repealed.

History:
Laws 1995, ch. 207, § 15; repealed by Laws 2007, ch. 162, § 31.
ANNOTATIONS
Repeals.
— Laws 2007, ch. 162, § 31 repealed 32A-6-13 NMSA 1978, as enacted by Laws 1995, ch. 207, § 15, effective June 15, 2007. For provisions of former section,
see
the 2006 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 6 - Children's Mental Health and Developmental Disabilities (Repealed.) › Section 32A-6-14 - Repealed.

History:
Laws 1995, ch. 207, § 16; repealed by Laws 2007, ch. 162, § 31.
ANNOTATIONS
Repeals.
— Laws 2007, ch. 162, § 31 repealed 32A-6-14 NMSA 1978, as enacted by Laws 1995, ch. 207, § 16, effective June 15, 2007. For provisions of former section,
see
the 2006 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 6 - Children's Mental Health and Developmental Disabilities (Repealed.) › Section 32A-6-15 - Repealed.

History:
Laws 1995, ch. 207, § 17; 1998, ch. 32, § 1; repealed by Laws 2007, ch. 162, § 31.
ANNOTATIONS
Repeals.
— Laws 2007, ch. 162, § 31 repealed 32A-6-15 NMSA 1978, as enacted by Laws 1995, ch. 207, § 17, effective June 15, 2007. For provisions of former section,
see
the 2006 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 6 - Children's Mental Health and Developmental Disabilities (Repealed.) › Section 32A-6-16 - Repealed.

History:
Laws 1995, ch. 207, § 18; repealed by Laws 2007, ch. 162, § 31.
ANNOTATIONS
Repeals.
— Laws 2007, ch. 162, § 31 repealed 32A-6-16 NMSA 1978, as enacted by Laws 1995, ch. 207, § 18, effective June 15, 2007. For provisions of former section,
see
the 2006 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 6 - Children's Mental Health and Developmental Disabilities (Repealed.) › Section 32A-6-17 - Repealed.

History:
Laws 1995, ch. 207, § 19; repealed by Laws 2007, ch. 162, § 31.
ANNOTATIONS
Repeals.
— Laws 2007, ch. 162, § 31 repealed 32A-6-17 NMSA 1978, as enacted by Laws 1995, ch. 207, § 19, effective June 15, 2007. For provisions of former section,
see
the 2006 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 6 - Children's Mental Health and Developmental Disabilities (Repealed.) › Section 32A-6-18 - Repealed.

History:
Laws 1995, ch. 207, § 20; repealed by Laws 2007, ch. 162, § 31.
ANNOTATIONS
Repeals.
— Laws 2007, ch. 162, § 31 repealed 32A-6-18 NMSA 1978, as enacted by Laws 1995, ch. 207, § 20, effective June 15, 2007. For provisions of former section,
see
the 2006 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 6 - Children's Mental Health and Developmental Disabilities (Repealed.) › Section 32A-6-19 - Repealed.

History:
Laws 1995, ch. 207, § 21; repealed by Laws 2007, ch. 162, § 31.
ANNOTATIONS
Repeals.
— Laws 2007, ch. 162, § 31 repealed 32A-6-19 NMSA 1978, as enacted by Laws 1995, ch. 207, § 21, effective June 15, 2007. For provisions of former section,
see
the 2006 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 6 - Children's Mental Health and Developmental Disabilities (Repealed.) › Section 32A-6-20 - Repealed.

History:
Laws 1995, ch. 207, § 22; repealed by Laws 2007, ch. 162, § 31.
ANNOTATIONS
Repeals.
— Laws 2007, ch. 162, § 31 repealed 32A-6-20 NMSA 1978, as enacted by Laws 1995, ch. 207, § 22, effective June 15, 2007. For provisions of former section,
see
the 2006 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 6 - Children's Mental Health and Developmental Disabilities (Repealed.) › Section 32A-6-21 - Repealed.

History:
Laws 1995, ch. 207, § 23; repealed by Laws 2007, ch. 162, § 31.
ANNOTATIONS
Repeals.
— Laws 2007, ch. 162, § 31 repealed 32A-6-21 NMSA 1978, as enacted by Laws 1995, ch. 207, § 23, effective June 15, 2007. For provisions of former section,
see
the 2006 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 6 - Children's Mental Health and Developmental Disabilities (Repealed.) › Section 32A-6-22 - Repealed.

History:
Laws 1995, ch. 207, § 24; repealed by Laws 2007, ch. 162, § 31.
ANNOTATIONS
Repeals.
— Laws 2007, ch. 162, § 31 repealed 32A-6-22 NMSA 1978, as enacted by Laws 1995, ch. 207, § 24, effective June 15, 2007. For provisions of former section,
see
the 2006 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 6A - Children's Mental Health and Developmental Disabilities › Section 32A-6A-1 - Short title.

This act [32A-6A-1 to 32A-6A-30 NMSA 1978] may be cited as the "Children's Mental Health and Developmental Disabilities Act".
History:
Laws 2007, ch. 162, § 1.
ANNOTATIONS
Cross references.
— For Adult Mental Health and Developmental Disabilities Code,
see
43-1-2 NMSA 1978.
For provisions of the 1995 Children's Mental Health and Developmental Disabilities Act,
see
the 2006 NMSA 1978 (32A-6-1) on
NMOneSource.com.
Effective dates.
— Laws 2007, ch. 162 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 15, 2007, 90 days after the adjournment of the legislature.
Law reviews.
— For article, "Treating Children Under the New Mexico Mental Health and Developmental Disabilities Code," see 10 N.M.L. Rev. 279 (1980).
For article, "Child Welfare Under the Indian Child Welfare Act of 1978: A New Mexico Focus," see 10 N.M.L. Rev. 413 (1980).
For article, "Habeas Corpus in New Mexico," see 11 N.M.L. Rev. 291 (1981).
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 6A - Children's Mental Health and Developmental Disabilities › Section 32A-6A-2 - Purposes.

The purposes of the Children's Mental Health and Developmental Disabilities Act are to:
A. provide children with access to appropriate assessments, services and treatment;
B. provide children access to a continuum of services to address their habilitation and treatment needs;
C. provide children with access to services for identification, prevention and intervention for developmental and mental health needs;
D. promote delivery of services in a culturally appropriate, responsive and respectful manner;
E. protect the substantive and procedural rights of children regardless of service setting; and
F. encourage support for family as critical members of the treatment or habilitation team whenever clinically appropriate.
History:
Laws 2007, ch. 162, § 2.
ANNOTATIONS
Effective dates.
— Laws 2007, ch. 162 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 15, 2007, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 6A - Children's Mental Health and Developmental Disabilities › Section 32A-6A-3 - Scope.

The provisions of the Children's Mental Health and Developmental Disabilities Act shall apply to all children in New Mexico except as otherwise set forth in the Children's Code.
History:
Laws 2007, ch. 162, § 3.
ANNOTATIONS
Effective dates.
— Laws 2007, ch. 162 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 15, 2007, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 6A - Children's Mental Health and Developmental Disabilities › Section 32A-6A-5 - Competence.

The fact that a child has received treatment or habilitation services or has been accepted at or admitted to a hospital or institutional facility shall not constitute a sufficient basis for a finding of incompetence or the denial of a right or benefit of any nature that the child would otherwise have.
History:
Laws 2007, ch. 162, § 5.
ANNOTATIONS
Cross references.
— For competence applicable to the Adult Mental Health and Developmental Disabilities Code,
see
43-1-5 NMSA 1978.
For provisions of the 1995 Children's Mental Health and Developmental Disabilities Act, relating to legal representation of children,
see
the 2006 NMSA 1978 (32A-6-4) on
NMOneSource.com.
Effective dates.
— Laws 2007, ch. 162 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 15, 2007, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 6A - Children's Mental Health and Developmental Disabilities › Section 32A-6A-6 - Rights related to treatment and habilitation; scope.

The rights set forth in the Children's Mental Health and Developmental Disabilities Act shall apply to a child who is physically present and receiving treatment or habilitation services in New Mexico. A child who receives treatment or habilitation services shall have rights with respect to such treatment or habilitation, regardless of where services are provided.
History:
Laws 2007, ch. 162, § 6.
ANNOTATIONS
Cross references.
— For right to treatment applicable to the Adult Mental Health and Developmental Disabilities Code,
see
43-1-7 NMSA 1978.
For right to habilitation applicable to the Adult Mental Health and Developmental Disabilities Code,
see
43-1-8 NMSA 1978.
For provisions of the 1995 Children's Mental Health and Developmental Disabilities Act, relating to treatment and habilitation,
see
the 2006 NMSA 1978 (32A-6-8 and 32A-6-9) on
NMOneSource.com.
Effective dates.
— Laws 2007, ch. 162 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 15, 2007, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 6A - Children's Mental Health and Developmental Disabilities › Section 32A-6A-8 - Special rules applicable to aversive intervention.

A. An intervention expressly listed in the "aversive intervention" definition in Section 4 [32A-6A-4 NMSA 1978] of the Children's Mental Health and Developmental Disabilities Act is prohibited.
B. A treatment plan containing an aversive intervention not specifically listed in Section 4 of the Children's Mental Health and Developmental Disabilities Act shall be submitted to the human rights committee of the department of health in advance of a meeting, except in emergency situations. The human rights committee shall review the plan along with the following additional information as available:
(1) baseline or base rate data;
(2) review of the child's current situation and environment;
(3) the child's history, including previous interventions and results;
(4) the possible adverse effects, if any, of the proposed treatment plan;
(5) success and failure criteria for discontinuing the proposed aversive intervention; and
(6) a written evaluation by the clinician proposing the treatment plan or the intervention.
C. The human rights committee of the department of health shall not approve an intervention specifically listed in the definition of "aversive intervention" in Section 4 of the Children's Mental Health and Developmental Disabilities Act.
D. An invitation to participate in the review shall be extended to the child, the child's legal custodian, the clinician and any other mental health or developmental disability professional who has proposed the treatment. A written or oral presentation shall be made to the human rights commission by the mental health or developmental disability professional proposing the treatment.
E. The results of the human rights committee of the department of health review shall be reported to the clinician, the child and the child's legal custodian within three working days.
F. The department shall work in collaboration with the department of health to promulgate rules for implementing a human rights committee pursuant to this section.
History:
Laws 2007, ch. 162, § 8.
ANNOTATIONS
Effective dates.
— Laws 2007, ch. 162, contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 15, 2007, 90 days after the adjournment of the legislature.