2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 3A - Voluntary Placement and Family Services › Section 32A-3A-6 - Voluntary placement outside home; voluntary placement agreement.

A. The department may accept legal custody of a minor child from a parent or guardian for temporary voluntary placement outside the home through a voluntary placement agreement.
B. When a parent is considering a voluntary placement agreement, the department shall notify the office of family representation and advocacy. The office of family representation and advocacy shall assign the parent or guardian legal counsel prior to the signing and for the duration of the voluntary placement agreement. Prior to the signing of the voluntary placement agreement, counsel shall explain to the parent or guardian:
(1) the terms and consequences of the consent to the voluntary placement agreement, in detail;
(2) that the parent or guardian can withdraw consent at any time and the child shall be returned within forty-eight hours of when the written or verbal demand was made; and
(3) that before the expiration of the forty-eight hours, the department may prevent the immediate return of the child by filing a petition alleging neglect or abuse and by obtaining a court order granting the department temporary custody of the child.
C. The department shall notify the office of family representation and advocacy when the voluntary placement agreement is terminated or expires.
D. The parent or guardian may request a collaborative meeting with the department prior to signing or at any point throughout the duration of the voluntary placement agreement. The department shall schedule the collaborative meeting in a timely manner.
E. Upon the signing of a voluntary placement agreement, the department shall notify the office of family representation and advocacy. The office of family representation and advocacy shall assign the child a guardian ad litem. Only an attorney with appropriate experience shall be appointed as guardian ad litem of the child. When a voluntary placement agreement is subject to court review, the guardian ad litem shall inform the court as to the child's wishes.
F. The parent or guardian, child or department may file a petition for court review of the voluntary placement agreement prior to the signing or at any point throughout the duration of the voluntary placement agreement.
G. If court review is requested prior to signing the voluntary placement agreement, before approving the voluntary placement agreement, the court shall ensure that the voluntary placement agreement is executed in writing. The court shall certify on the record that:
(1) the terms and consequences of the consent were fully explained in detail and in a manner that is understandable to the parent or guardian;
(2) the child's parent or guardian fully understands the English language or that the voluntary placement agreement was interpreted into the primary language of the child's parent or guardian;
(3) the child's parent or guardian is voluntarily entering into the voluntary placement agreement;
(4) confidentiality has been requested or indicated and execution of consent was made in a closed court proceeding not open to the public; and
(5) the child's parent or guardian is of sound mind and judgment.
History:
1978 Comp., § 32A-3A-6, enacted by Laws 1993, ch. 77, § 68; 2023, ch. 90, § 6.
ANNOTATIONS
The 2023 amendment,
effective July 1. 2023, provided for temporary voluntary placement of minor children outside the home through a voluntary placement agreement; in the section heading, deleted "of child", "documentation", and added "voluntary placement agreement"; in Subsection A, deleted "Upon written application by a parent, guardian or custodian and, if good cause is shown", after "minor child", added "from a parent or guardian", and after "outside the home", added "through a voluntary placement agreement"; and deleted former Subsections B and C and added new Subsections B through G.