2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 3B - Families in Need of Court-Ordered Services › Section 32A-3B-8 - Basic rights.

A. A child subject to the provisions of the Children's Code is entitled to the same basic rights as an adult, except as otherwise provided in the Children's Code.
B. In proceedings on a petition alleging a family in need of court-ordered services, the court may appoint counsel if appointment of counsel would serve the interests of justice.
C. In proceedings on a petition alleging a family in need of court-ordered services, the court shall appoint a guardian ad litem for a child under the age of fourteen and the court shall appoint an attorney for a child fourteen years of age or older at the inception of the proceedings. An officer or employee of an agency vested with legal custody of the child shall not be appointed as a guardian ad litem or attorney for the child. Only an attorney with appreciable training or experience shall be appointed as guardian ad litem of or attorney for the child.
D. When a child reaches fourteen years of age, the child's guardian ad litem shall continue as the child's attorney; provided that the court shall appoint a different attorney for the child if:
(1) the child requests a different attorney;
(2) the guardian ad litem requests to be removed; or
(3) the court determines that the appointment of a different attorney is appropriate.
E. Whenever it is reasonable and appropriate, the court shall appoint a guardian ad litem or attorney who is knowledgeable about the child's cultural background.
F. A person afforded rights pursuant to the provisions of the Children's Code shall be advised of those rights at that person's first appearance before the court on a petition filed under the Children's Code.
G. A child of an alleged or adjudicated family in need of court-ordered services shall not be fingerprinted or photographed for identification purposes, unless pursuant to a court order.
History:
1978 Comp., § 32A-3B-8, enacted by Laws 1993, ch. 77, § 80; 2005, ch. 189, § 32; 2009, ch. 239, § 29.
ANNOTATIONS
The 2009 amendment,
effective July 1, 2009, in Subsection C, after "age of fourteen and", added "the court shall appoint", and added the last sentence; and added Subsection D.
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, provided in Subsection C that the court shall appoint a guardian ad litem for a child under the age of fourteen and an attorney for a child fourteen years of age or older.
Judicial immunity.
— Judicial immunity was developed to preserve the "autonomy and integrity of the judiciary" so that "persons who are integral to the judicial process are able to perform their functions without the intimidating effect of potential lawsuits." The court bears the statutory responsibility in children's court proceedings for appointing counsel, ensuring the competence of counsel, and permitting counsel to withdraw. As a result, these are judicial and not administrative functions and there is absolute immunity.
Hunnicutt v. Sewell
, 2009-NMCA-121, 147 N.M. 272, 219 P.3d 529.