reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 31 - Criminal Procedure › Article 30 - Violence Intervention Program › Section 31-30-8 - Rules.

The department shall adopt rules necessary to administer the provisions of the Violence Intervention Program Act, including standardized rules pertaining to the collection and sharing of data by grantees.
History:
Laws 2022, ch. 56, § 45.
ANNOTATIONS
Effective dates.
— Laws 2022, ch. 56, § 45 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 18, 2022, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 31 - Criminal Procedure › Article 30 - Violence Intervention Program › Section 31-30-9 - Reports.

A. Each grantee shall report to the department and the commission by November 1 of each year regarding the:
(1) purpose and amount of each grant received by the grantee for the previous fiscal year; and
(2) processes, outputs and outcomes resulting from each grant approved by the department for the previous fiscal year, including relevant data as required by department rules.
B. Each year through 2027, the department and the commission shall report to the legislature by December 1 regarding the awards and outcomes of each grantee.
History:
Laws 2022, ch. 56, § 46.
ANNOTATIONS
Effective dates.
— Laws 2022, ch. 56, § 46 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 18, 2022, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 32 - Children's Code [Repealed.] › Article 10 - Child Development

(Recompiled by Laws 1993, ch. 77, § 217.)
TABLE OF CORRESPONDING SECTIONS
The table below lists the provisions of the Children's Code prior to the revision by Laws 1993, ch. 77, and the comparable location of those provisions in Chapter 32A NMSA 1978.
32-1-1 32A-1-1
32-1-2 32A-1-3, 32A-2-2
32-1-3 32A-1-4
32A-2-3
32-1-4 32A-1-5
32-1-5 32A-1-6
32-1-6 32A-2-4
32-1-7 32A-2-5
32-1-8
32-1-9 32A-1-8
32-1-10
32-1-11 32A-2-6
32-1-12
32-1-13 32A-1-9
32-1-14 32A-2-7
32-1-15 32A-4-3
32-1-16 32A-4-5
32-1-17 32A-2-8
32-1-18 32A-1-10
32-1-19 32A-1-11
32-1-20 32A-1-12
32-1-21 32A-1-13
32-1-22 32A-2-9
32-1-23 32A-2-10
32-1-24 32A-2-11
32-1-25 32A-2-12
32-1-25.1 32A-4-8
32-1-26 32A-2-13
32-1-27 32A-1-16, 32A-2-14
32-1-28 32A-2-15
32-1-28.1 32A-4-18
32-1-28.2 32A-4-19
32-1-29
32-1-30
32-1-31 32A-2-16
32-1-32 32A-2-17
32-1-32.1 32A-4-21
32-1-33 32A-2-18
32-1-34 32A-2-19
32-1-34.1
32-1-35 32A-2-21
32-1-36 32A-2-22
32-1-37
32-1-38 32A-2-23
32-1-38.1 32A-4-25
32-1-38.2
32-1-39 32A-1-17
32-1-40 32A-1-18
32-1-41 32A-1-19
32-1-42 32A-1-20
32-1-43 32A-2-24
32-1-43.1 32A-2-25
32-1-44 32A-2-32, 32A-4-33
32-1-44.1 32A-20-1
32-1-45 32A-2-26
32-1-46 32A-2-27
32-1-47 32A-2-28
32-1-48 32A-2-29
32-1-49
32-1-50
32-1-51
32-1-52
32-1-53
32-1-54 32A-4-28
32-1-55 32A-4-29, 32A-5-16
32-1-56 32A-2-30
32-1-57 32A-2-31
32-1-58 32A-4-31
32-1-59 32A-4-32
32-2-1 32A-7-1
32-2-2 32A-7-2
32-2-3 32A-7-3
32-2-4 32A-7-4
32-2-5 32A-7-5
32-2-6 32A-7-6
32-2-7 32A-7-7
32-2-8 32A-7-8
32-2-9 32A-7-9
32-2A-1 32A-9-1
32-2A-2 32A-9-2
32-2A-3 32A-9-3
32-2A-4 32A-9-4
32-2A-5 32A-9-5
32-2A-6 32A-9-6
32-2A-7 32A-9-7
32-2B-1
32-2B-2
32-2B-3
32-2B-4
32-2B-5
32-3-1 32A-10-1
32-3-2 32A-10-2
32-3-3 32A-10-3
32-3-4 32A-10-4
32-3-5 32A-10-5
32-3-6 32A-10-6
32-3-7 32A-10-7
32-3-8 32A-10-8
32-4-1 32A-11-1
32-4-2 32A-11-2
32-4-3 32A-11-3
32-4-4 32A-11-4
32-4-5 32A-11-5
32-4-6 32A-11-6
32-4-7 32A-11-7
32-5-1 32A-12-1
32-5-2 32A-12-2
32-6-1 32A-13-1
32-6-2 32A-13-2
32-6-3 32A-13-3
32-7-1 32A-8-1
32-7-2 32A-8-2
32-7-3 32A-8-3
32-7-4 32A-8-4
32-7-5 32A-8-5
32-7-6 32A-8-6
32-8-1 32A-14-1
32-8-2 32A-14-2
32-8-3 32A-14-3
32-8-4 32A-14-4
32-9-1 32A-15-1
32-9-2 32A-15-2
32-9-3 32A-15-3
32-10-1 32A-16-1
32-10-2 32A-16-2
32-10-3 32A-16-3
32-10-4 32A-16-4
40-7-29 32A-5-1
40-7-30 32A-5-3
40-7-31
40-7-32 32A-5-10
40-7-33 32A-5-11
40-7-34 32A-5-12
40-7-35 32A-5-17
40-7-36 32A-5-18
40-7-37 32A-5-19
40-7-38 32A-5-21
40-7-39 32A-5-23
40-7-40
40-7-41 32A-5-25
40-7-42 32A-5-26
40-7-43
40-7-44 32A-5-27
40-7-45 32A-5-29
40-7-46 32A-5-31
40-7-47
40-7-48 32A-5-33
40-7-49 32A-5-36 A, B, C & D
40-7-50 32A-5-34
40-7-51 32A-5-36 F, G, H, I, J, K & L
40-7-52 32A-5-37
40-7-53 32A-5-8, 32A-4-33
40-7-54 32A-5-30
40-7-55
40-7-56 32A-5-38
40-7-57 32A-5-39
40-7-58 32A-5-32
40-7-59
40-7-60
40-7-61 32A-5-42
40-7-62
40-7-63 32A-5-43
40-7-64 32A-5-44
40-7-65 32A-5-45
43-1-16 32A-6-12
43-1-16.1 32A-6-13
43-1-17 32A-6-14
43-1-18 32A-6-7
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 1 - General Provisions › Section 32A-1-2 - Short title; scope.

A. Chapter 32 [32A], Article 1 NMSA 1978 may be cited as the "Children's Code General Provisions Act".
B. The provisions of the Children's Code General Provisions Act apply to Chapter 32 [32A] NMSA 1978:
(1) unless the context otherwise requires; and
(2) subject to additional definitions contained in Chapter 32 [32A], Articles 2 through 6 NMSA 1978.
History:
1978 Comp., § 32A-1-2, enacted by Laws 1993, ch. 77, § 11.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 1 - General Provisions › Section 32A-1-7.1 - Child's attorney; powers and duties.

A. An attorney shall represent a child in a proceeding for which the attorney has been retained or appointed. The attorney shall provide the same manner of legal representation and be bound by the same duties to the child as is due an adult client, in accordance with the rules of professional conduct.
B. Unless excused by a court, an attorney appointed to represent a child shall represent the child in any subsequent appeals.
C. An attorney representing a child in a proceeding pursuant to the Abuse and Neglect Act [Chapter 32A, Article 4 NMSA 1978] may retain separate counsel to represent the child in a tort action on a contingency fee basis or any other cause of action in proceedings that are outside the jurisdiction of the children's court. When a child's attorney retains separate counsel to represent the child, the attorney shall provide the court with written notice within ten days of retaining the separate counsel. The child's attorney shall not retain or subsequently obtain any pecuniary interest in an action filed on behalf of the child outside of the jurisdiction of the children's court.
History:
Laws 2005, ch. 189, § 10.
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.
Law reviews.
— For note and comment, "Attorneys for Children in Abuse and Neglect Proceedings: Implications for Professional Ethics and Pending Cases", see 36 N.M. L. Rev. 533 (2006).
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 1 - General Provisions › Section 32A-1-10 - Petition; who may sign.

A. A petition initiating proceedings pursuant to the provisions of Chapter 32 [32A], Article 2, 3B, 4 or 6 NMSA 1978 shall be signed by the children's court attorney.
B. An affidavit for an ex-parte custody order may be signed by any person who has knowledge of the facts alleged or is informed of them and believes that they are true.
History:
1978 Comp., § 32A-1-10, enacted by Laws 1993, ch. 77, § 19.
ANNOTATIONS
Decisions under prior law.
— In light of the similarity of the provisions, annotations decided under former 32-1-18 NMSA 1978 have been included in the annotations to this section.
Petition held insufficient.
— The district court erred in applying the provisions of the Probate Code to appellees' application for guardianship and in adjudicating the child to be neglected under procedural provisions outside the provisions of the Children's Code, because the petition alleging neglect, seeking removal of the child from the mother's custody and the appointment of guardians did not comply with the provisions of former Sections 32-1-17 and 32-1-18 NMSA 1978 (now Sections 32A-2-8 and 32A-1-10 NMSA 1978).
In re Guardianship of Lupe C.
, 1991-NMCA-050, 112 N.M. 116, 812 P.2d 365.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 1 - General Provisions › Section 32A-1-12 - Summons; issuance and content; waiver of service.

A. After a petition has been filed, summonses shall be issued and served pursuant to children's court rule.
B. The summons shall require the persons to whom directed to appear personally before the court at the time fixed by the summons to answer the allegations of the petition. The summons shall advise the parties of their right to counsel under the Children's Code and shall have attached to it a copy of the petition.
C. The court may endorse upon the summons an order directing the parent, guardian, custodian or other person having the physical custody or control of the child to bring the child to the hearing.
D. If it appears from any sworn statement presented to the court that the child needs to be placed in detention, the judge may endorse on the summons an order that an officer serving the summons shall at once take the child into custody and take the child to the place of detention designated by the court, subject, however, to all of the provisions of the Children's Code relating to detention criteria and post-detention proceedings and the rights of the child in regard thereto.
E. A party other than the child may waive service of summons by written stipulation or by voluntary appearance at the hearing. If the child is present at the hearing, the child's counsel, with the consent of the parent, guardian or custodian, may waive service of summons in the child's behalf.
History:
1978 Comp., § 32A-1-12, enacted by Laws 1993, ch. 77, § 21; 1995, ch. 206, § 6.
ANNOTATIONS
Cross references.
— For rule governing summons in the Children's Court,
see
Rule 10-103 NMRA.
The 1995 amendment,
effective July 1, 1995, in Subsection A, substituted "and served pursuant to children's court rule" for specific directions for proper service.
Decisions under prior law.
— In light of the similarity of the provisions, annotations decided under former Section 32-1-20 NMSA 1978 have been included in the annotations to this section.
Age reference is to years of age, not mental age.
— The numerous references to age in the Children's Code are references to years of age, not mental age.
State v. Doe
, 1982-NMCA-028, 97 N.M. 598, 642 P.2d 201, cert. denied, 98 N.M. 50, 644 P.2d 1039.
Children's court attorney provides notice.
— A fair implication from the Children's Code's structure and language, especially in light of the customary practice of law, is that the children's court attorney who files the petition bears the burden of providing notice to the parties.
Martinez v. Mafchir
, 35 F.3d 1486 (10th Cir. 1994).
Law reviews.
— For survey, "Children's Court Practice in Delinquency and Need of Supervision Cases Under the New Rules," see 6 N.M.L. Rev. 331 (1976).
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.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 1 - General Provisions › Section 32A-1-13 - Summons; service.

A. If a party to be served with a summons can be found within the state, the summons shall be served upon the party as provided by the Rules of Civil Procedure for the District Courts at least forty-eight hours before the hearing, except that for a child party to an action pursuant to the Abuse and Neglect Act [Chapter 32A, Article 4 NMSA 1978], service shall be on the child's guardian ad litem or attorney and not personally pursuant to children's court rule.
B. If a party to be served is within the state and cannot be found but the party's address is known, service of the summons may be made by mailing a copy of the summons to the party by certified mail at least fifteen days before the hearing.
C. If after reasonable effort a party to be served cannot be found, or address ascertained, within or without the state, the court may order service of the summons by publication in accordance with the provisions of Rule 1-004 of the Rules of Civil Procedure for the District Courts, in which event the hearing shall not be less than five days after the date of last publication.
D. The court may authorize the payment from court funds of the costs of service and of necessary travel expenses incurred by persons summoned or otherwise required to appear at the hearing.
History:
1978 Comp., § 32A-1-13, enacted by Laws 1993, ch. 77, § 22; 1995, ch. 206, § 7; 2005, ch. 189, § 7.
ANNOTATIONS
Cross references.
— For process and service,
see
Rules 1-004 and 1-005 NMRA.
For process and service in the Children's Court,
see
Rules 10-103 to 10-106 NMRA.
The 2005 amendment,
effective June 17, 2005, changed the statutory reference to the Abuse and Neglect Act and required service to be made on the child's guardian ad litem and attorney in Subsection A.
The 1995 amendment,
effective July 1, 1995, added the proviso at the end of Subsection A beginning "except that".
Children's court attorney provides notice.
— A fair implication from the Children's Code's structure and language, especially in light of the customary practice of law, is that the children's court attorney who files the petition bears the burden of providing notice to the parties.
Martinez v. Mafchir
, 35 F.3d 1486 (10th Cir. 1994).
Law reviews.
— For survey, "Children's Court Practice in Delinquency and Need of Supervision Cases Under the New Rules," see 6 N.M.L. Rev. 331 (1976).
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Service of process, 90 A.L.R.2d 293.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 1 - General Provisions › Section 32A-1-14 - Repealed.

History:
1978 Comp., § 32A-1-14, enacted by Laws 1993, ch. 77, § 23; 2005, ch. 189, § 8; 2019, ch. 125, § 1; repealed by Laws 2022, ch. 41, § 71.
ANNOTATIONS
Repeals.
— Laws 2022, ch. 41, § 71 repealed 32A-1-14 NMSA 1978, as enacted by Laws 1993, ch. 77, § 23, relating to notice to Indian tribes, effective July 1, 2022. For provisions of former section,
see
the 2021 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 1 - General Provisions › Section 32A-1-15 - Release or delivery from custody.

In all cases begun pursuant to the provisions of the Children's Code, when a child is taken into custody, the child shall be released to the child's parent, guardian or custodian in accordance with the conditions and time limits set forth in the Children's Court Rules and Forms.
History:
1978 Comp., § 32A-1-15, enacted by Laws 1993, ch. 77, § 24.
ANNOTATIONS
Cross references.
— For the Children's Court Rules,
see
Rule 10-101 NMRA et seq.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 1 - General Provisions › Section 32A-1-20 - Purchase of care from private agency by public agency.

A. When the legal custody of a child or the placement and care responsibility of an eligible adult is vested in a public agency, under the provisions of the Children's Code, the public agency may transfer physical custody of the child or the eligible adult to an appropriate private agency and may purchase care and treatment from the private agency if the private agency submits periodic reports to the public agency covering the care and treatment the child or eligible adult is receiving and the child's or eligible adult's responses to that care and treatment. These reports shall be made as frequently as the public agency deems necessary, but not less often than once each six months for each child or eligible adult. The private agency shall also afford an opportunity for a representative of the public agency to examine or consult with the child or eligible adult as frequently as the public agency deems necessary.
B. As used in this section, "eligible adult" means an individual who meets the eligibility criteria for participation in the fostering connections program established pursuant to the Fostering Connections Act.
History:
1978 Comp., § 32A-1-20, enacted by Laws 1993, ch. 77, § 29; 2019, ch. 149, § 12.
ANNOTATIONS
The 2019 amendment,
effective June 14, 2019, authorized a public agency, which has the care responsibility of an eligible adult, to purchase care and treatment for that eligible adult from a private agency; added new subsection designation "A."; in Subsection A, after "custody of a child", added "or the placement and care responsibility of an eligible adult", after "physical custody of the child", added "or the eligible adult", after "treatment the child", added "or eligible adult", after "and the child's", added "or eligible adult", after "six months for each child", added "or eligible adult", and after "consult with the child", added "or the eligible adult"; and added Subsection B.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 1 - General Provisions › Section 32A-1-21 - Runaway child; law enforcement; permitted acts.

Whenever a law enforcement agency receives a report from a parent, guardian or custodian that a child over whom the parent, guardian or custodian has custody has, without permission, left the home or residence lawfully prescribed for the child and the parent, guardian or custodian believes the child has run away, a law enforcement agent may help the parent, guardian or custodian locate the child and:
A. return the child to the parent, guardian or custodian unless safety concerns are present;
B. hold the child for up to six hours if the parent, guardian or custodian cannot be located; provided, however, that no child shall be placed in a secured setting pursuant to this section; or
C. after the six hours has expired, follow the procedures outlined in Section 32A-3B-3 NMSA 1978.
History:
Laws 2007, ch. 185, § 2; 2009, ch. 239, § 9.
ANNOTATIONS
The 2009 amendment,
effective July 1, 2009, in Subsection B, after "cannot be located", added the remainder of the 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.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 1 - General Provisions › Section 32A-1-22 - Medical cannabis program; removal of children; family services intervention; school enrollment; medical care.

A. An individual's participation in the state's medical cannabis program established pursuant to the Lynn and Erin Compassionate Use Act [Chapter 26, Article 2B NMSA 1978] shall not in itself constitute grounds for:
(1) intervention, removal or placement into state custody of a child in that individual's care pursuant to the Abuse and Neglect Act [Chapter 32A, Article 4 NMSA 1978]; or
(2) the provision of state prevention, diversion or intervention services to that individual's family pursuant to the Voluntary Placement and Family Services Act [Chapter 32A, Article 3A NMSA 1978].
B. A person shall not be denied custody of or visitation or parenting time with a child, and there is no presumption of neglect or child endangerment, for conduct allowed under the Lynn and Erin Compassionate Use Act.
C. A school shall not refuse to enroll or otherwise penalize a person solely for conduct allowed pursuant to the Lynn and Erin Compassionate Use Act, unless failing to do so would cause the school to lose a monetary or licensing-related benefit under federal law or regulation.
D. For the purposes of medical care, including an organ transplant, a qualified patient's use of cannabis pursuant to the Lynn and Erin Compassionate Use Act shall be considered the equivalent of the use of any other medication under the direction of a physician and shall not be considered to constitute the use of an illicit substance or otherwise disqualify a qualified patient from medical care.
History:
Laws 2019, ch. 247, § 14; 1978 Comp., § 32A-3A-15, recompiled and amended as § 32A-1-22 by Laws 2023, ch. 90, § 3.
ANNOTATIONS
Recompilations.
— Laws 2023, ch. 90, § 3 recompiled and amended former 32A-3A-15 NMSA 1978 as 32A-1-22 NMSA 1978, effective July 1, 2023.
The 2023 amendment,
effective July 1, 2023, changed "Family Services Act" to "Voluntary Placement and Family Services Act".
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 2 - Delinquency › Section 32A-2-1 - Short title.

Chapter 32A, Article 2 NMSA 1978 may be cited as the "Delinquency Act".
History:
1978 Comp., § 32A-2-1, enacted by Laws 1993, ch. 77, § 30; 2007, ch. 19, § 1.
ANNOTATIONS
The 2007 amendment,
effective June 15, 2007, changed Chapter "32" to Chapter "32A".
Law reviews
. — For note, "State v. Muniz: Authorizing Adult Sentences of Juveniles Absent a Conviction that Authorizes an Adult Sentence", see 35 N.M. L. Rev. 229 (2005).
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 2 - Delinquency › Section 32A-2-4.1 - Adult jails and lockups used as temporary holding facilities; reports.

A. A child arrested and detained for an alleged delinquent act may be temporarily held in an adult jail or lockup for no longer than six hours. A child who is detained in an adult jail or lockup shall be placed in a setting that is physically segregated by sight and sound from adult offenders. After six hours, the child may be placed or detained pursuant to the provisions of Section 32A-2-12 NMSA 1978.
B. An adult jail or lockup used as a temporary holding facility for alleged delinquent offenders shall file an annual report regarding its compliance with federal requirements. The juvenile justice advisory committee and the department shall determine the format of the annual reports.
History:
1978 Comp., § 32A-2-4.1, as enacted by Laws 2009, ch. 239, § 12.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 239, § 72 made this section 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 2 - Delinquency › Section 32A-2-8 - Petition; authorization to file.

A petition alleging delinquency shall not be filed in delinquency proceedings unless the children's court attorney, after consulting with probation services, has determined and endorsed upon the petition that the filing of the petition is in the best interest of the public and the child. The children's court attorney shall furnish legal services in connection with the authorization and preparation of the petition.
History:
1978 Comp., § 32A-2-8, enacted by Laws 1993, ch. 77, § 37.
ANNOTATIONS
Cross references.
— For the filing of petitions in delinquency proceedings,
see
Rule 10-211 NMRA.
Decisions under prior law.
— In light of the similarity of the provisions, annotations decided under former Section 32-1-17 NMSA 1978 have been included in the annotations to this section.
Filing of petition sufficiently vests jurisdiction in children's court
over persons alleged to have committed delinquent acts while under the age of 18, regardless of their ages at the time the charges are filed.
State v. Doe
, 1980-NMCA-147, 95 N.M. 88, 619 P.2d 192.
Petition complies.
— A petition, signed by the children's court attorney stating that probation services has determined that the best interest of the child and the public requires that a petition, as authorized by former Section 32-1-14 NMSA 1978, be filed, complied with former Section 32-1-17 NMSA 1978 and was sufficient to satisfy the requirement of a "finding" in Rule 22(a), N.M.R. Child. Ct. (now Rule 10-203(a)).
State v. Doe
, 1978-NMCA-099, 92 N.M. 198, 585 P.2d 342.
Noncompliance of petition.
— The district court erred in applying the provisions of the probate court to appellees' application for guardianship and in adjudicating the child to be neglected under procedural provisions outside the provisions of the Children's Code, because the petition alleging neglect, seeking removal of the child from the mother's custody and the appointment of guardians did not comply with the provisions of former Section 32-1-18 NMSA 1978 (now Section 32A-1-10 NMSA 1978) and Section 32-1-17B NMSA 1978 (now Section 32A-2-8 NMSA 1978).
In re Guardianship of Lupe C.
, 1991-NMCA-050, 112 N.M. 116, 812 P.2d 365.
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 § 52 et seq.
43 C.J.S. Infants §§ 93, 99.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 2 - Delinquency › Section 32A-2-15 - Time limitations on delinquency adjudicatory hearing.

The adjudicatory hearing in a delinquency proceeding shall be held in accordance with the time limits set forth in the Children's Court Rules and Forms [10-101 NMRA].
History:
1978 Comp., § 32A-2-15, enacted by Laws 1993, ch. 77, § 44.
ANNOTATIONS
Cross references.
— For adjudicatory time limits in delinquency proceedings,
see
Rule 10-243 NMRA.
Decisions under prior law.
— In light of the similarity of the provisions, annotations decided under former Section 32-1-28 NMSA 1978 have been included in the annotations to this section.
Commencement of period for adjudicatory hearing in delinquency proceedings.
— The time limit set forth in 10-226 NMRA (now 10-243 NMRA) for commencing an adjudicatory hearing in a delinquency proceeding if the child is not held in custody begins to run when the summons and a copy of the petition are personally served on the child, not when a copy is given to the child's attorney.
State v. Jody C.
, 1991-NMCA-097, 113 N.M. 80, 823 P.2d 322, cert denied, 113 N.M. 23, 821 P.2d 1060.
Granting of continuance within trial court's discretion.
— The granting of a motion for continuance is within the sound discretion of the trial court and such action will not be disturbed on review unless there is a showing of abuse of that discretion.
Doe v. State
, 1975-NMCA-108, 88 N.M. 347, 540 P.2d 827, cert. denied, 88 N.M. 318, 540 P.2d 248.
Law reviews.
— For survey, "Children's Court Practice in Delinquency and Need of Supervision Cases Under the New Rules," see 6 N.M.L. Rev. 331 (1976).
For article, "The New Mexico Children's Code: Some Remaining Problems," see 10 N.M.L. Rev. 341 (1980).
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 47 Am. Jur. 2d Juvenile Courts and Delinquent and Dependent Children § 62 et seq.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 2 - Delinquency › Section 32A-2-23.1 - Release eligibility.

A. The department shall have exclusive jurisdiction and authority to release an adjudicated delinquent child during the term of the child's commitment, consistent with the provisions of the Victims of Crime Act [Chapter 31, Article 26 NMSA 1978]. In determining whether to release a child, the department shall give due consideration to public safety, the extent to which the child has been rehabilitated, the adequacy and suitability of the proposed release plan and the needs and best interests of the child, including the child's need for behavioral health or medical services that are not available in facilities for adjudicated delinquent children.
B. The decision to grant or deny release shall be made by the secretary of children, youth and families or the secretary's designee. The department may impose such conditions of release as it deems appropriate.
C. A child is eligible for release any time after the entry of a judgment transferring legal custody to the department, and the department may consider a reasonable request for release from the child at any time sixty days after the child has been committed.
D. In the event release for a child is denied by the department after release is recommended for the child by the juvenile public safety advisory board, or release is approved by the department after the board has recommended that the child not be released, within ten days, the board may request a review of the decision by the court of the judicial district from which legal custody of the child was transferred, and the department shall transmit the child's records to the court. The court shall have jurisdiction to review the matter without conducting a formal hearing and to issue an order that either denies or grants release to the child. If the board requests review under this section, the child shall not be released until such time as the court has issued a decision. If the board does not petition the district court for review of the department's decision to grant or deny release within ten days of the department's decision, the department's decision shall be final, and the department shall release the child or continue the commitment in accordance with the terms of its decision.
E. The secretary of children, youth and families or the secretary's designee may review the case of any child upon the child's or the juvenile public safety advisory board's reasonable request at any time after release is denied.
History:
1978 Comp., § 32A-2-23.1, as enacted by Laws 2009, ch. 239, § 23.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 239, § 72 made this section 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 2 - Delinquency › Section 32A-2-23.2 - Release proceedings.

A. When the department determines that a child is ready to be released, it shall provide a list of children to the juvenile public safety advisory board at least thirty-five days prior to the next regularly scheduled release consideration meeting. The department shall ensure that all other notifications of a pending release proceeding are accomplished consistent with the provisions of the Victims of Crime Act [Chapter 31, Article 26 NMSA 1978].
B. Release consideration meetings shall be held at least quarterly, are not open to the public and shall include the child, a quorum of the board and a representative of the department. The child's attorney shall receive notice and may be present at the release meeting.
History:
1978 Comp., § 32A-2-23.2, as enacted by Laws 2009, ch. 239, § 24.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 239, § 72 made this section 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 2 - Delinquency › Section 32A-2-25 - Parole revocation; procedures.

A. A child on parole from an agency that has legal custody who violates a term of parole may be proceeded against in a parole revocation proceeding conducted by the department or the supervising agency or by a hearing officer contracted by the department who is neutral to the child and the agency in accordance with procedures established by the department in cooperation with the juvenile parole board. A juvenile probation and parole officer may detain a child on parole status who is alleged to have violated a term or condition of parole until the completion and review of a preliminary parole revocation hearing. A child may waive the right to a preliminary parole revocation hearing after consultation with the child's attorney, parent, guardian or custodian.
B. If a retake warrant is issued by the department upon the completion of the preliminary parole revocation hearing, the juvenile institution to which the warrant is issued shall promptly transport the child to that institution at the expense of the department. If a child absconds from parole supervision and is apprehended in another state after the issuance of a retake warrant by the department, the juvenile justice division of the department shall cause the return of the child to this state at the expense of the department.
History:
1978 Comp., § 32A-2-25, enacted by Laws 1993, ch. 77, § 54; 2005, ch. 189, § 21.
ANNOTATIONS
The 2005 amendment,
effective June 17, 2005, in Subsection A, provided that a child may be proceeded against by a hearing officer who is neutral to the child and the supervising agency and that a child may waive the right to a preliminary parole revocation hearing.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 2 - Delinquency › Section 32A-2-28 - Parental responsibility.

A. In any complaint alleging delinquency, a parent of the child alleged to be delinquent may be made a party in the petition. If a parent is made a party and if a child is adjudicated a delinquent, the court may order the parent or parents to submit to counseling, participate in any probation or other treatment program ordered by the court and, if the child is committed for institutionalization, participate in any institutional treatment or counseling program including attendance at the site of the institution. The court shall order the parent to support the child committed for institutionalization by paying the reasonable costs of support, maintenance and treatment of the child that the parent is financially able to pay. The court may use the child support guidelines set forth in Section 40-4-11.1 NMSA 1978 to calculate a reasonable payment.
B. If a fine is imposed against a child by a court of this state, the parent of the child is not liable to pay the fine.
C. The court may enforce any of its orders issued pursuant to this section by use of its contempt power.
History:
1978 Comp., § 32A-2-28, enacted by Laws 1993, ch. 77, § 57.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Right of juvenile court defendant to be represented during court proceedings by parent, 11 A.L.R.4th 719.
Criminal responsibility of parent for act of child, 12 A.L.R.4th 673.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 2 - Delinquency › Section 32A-2-30 - Indigency standard; fee schedule; reimbursement.

A. The court shall use a standard adopted and information provided by the public defender department to determine indigency of children in proceedings on petitions alleging delinquency.
B. The court shall use a fee schedule adopted by the public defender department when appointing attorneys to represent children in proceedings on petitions alleging delinquency.
C. The court shall order reimbursement from the parents or guardians of a child who has received or desires to receive legal representation or another benefit under the Public Defender Act [Chapter 31, Article 15 NMSA 1978] after a determination is made that the child was not indigent according to the standard for indigency of children adopted by the public defender department.
D. Any amounts recovered pursuant to this section shall be paid to the state treasurer for credit to the general fund.
History:
1978 Comp., § 32A-2-30, enacted by Laws 1993, ch. 77, § 59; 2005, ch. 189, § 23.
ANNOTATIONS
Cross references.
— For defense of indigents,
see
31-16-1 to 31-16-10 NMSA 1978.
For form for indigent defense services eligibility determination in children's court,
see
Rule 10-408 NMRA.
The 2005 amendment,
effective June 17, 2005, in Subsection C, deleted "or custodian".
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 2 - Delinquency › Section 32A-2-31 - Child adjudicated delinquent; victim restitution; compensation; deductions.

A. A delinquent child may be ordered by the court to pay restitution to the victim of the child's delinquent act.
B. The department may provide compensation to a delinquent child engaged in a rehabilitative work program and shall promulgate necessary rules and regulations to provide deductions from that compensation for:
(1) victim restitution ordered by the court and for transmitting those deductions to the clerk of that court;
(2) the crime victims reparation fund and for transmitting those deductions to the state treasurer for credit to that fund; and
(3) the reasonable costs incident to the confinement of the delinquent child.
C. The deductions provided by Subsection B of this section shall not exceed fifty percent of the compensation earned by the child and shall not be less than five percent of that compensation.
History:
1978 Comp., § 32A-2-31, enacted by Laws 1993, ch. 77, § 60.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 2 - Delinquency › Section 32A-2-32.1 - Information not to be disclosed on a public access web site.

A state agency or a political subdivision of the state, including a school district, county, municipality or home-rule municipality, shall not disclose on a public access web site maintained by it any information concerning the following:
A. an arrest or detention of a child;
B. delinquency proceedings for a child;
C. an adjudication of a child;
D. an adult sentence imposed on a child, except information required to be disclosed pursuant to the Sex Offender Registration and Notification Act [29-11A-1 NMSA 1978]; or
E. social records pertaining to a child as provided in Section 32A-2-32 NMSA 1978.
History:
Laws 2007, ch. 96, § 1.
ANNOTATIONS
Effective dates.
— Laws 2007, ch. 96, § 2 made the section effective July 1, 2007.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 2 - Delinquency › Section 32A-2-33 - Child in possession of a firearm on school premises; detention; hearing.

A. If a public school administrator or employee has reasonable cause to believe that a child is in possession of or has been in possession of a firearm on school premises in violation of Section 30-7-2.1 NMSA 1978, the administrator or employee shall immediately report the child's actions to a law enforcement agency and the children, youth and families department.
B. Upon receipt of a report pursuant to Subsection A of this section, the law enforcement agency may conduct an investigation to determine if there is probable cause to believe that the child possessed a firearm on school premises.
C. If the law enforcement agency determines there is probable cause to believe that the child possessed a firearm on school premises, the law enforcement agency may take the child into custody and deliver the child to a detention facility licensed by the department. After the child is delivered to a detention facility, the department shall comply with the notification provisions set forth in Subsection C of Section 32A-2-10 NMSA 1978. The child shall be detained in the detention facility, pending a detention hearing pursuant to the provisions of Section 32A-2-13 NMSA 1978.
D. As used in this section, "firearm" means any weapon that will or is designed to or may readily be converted to expel a projectile by the action of an explosion; the frame or receiver of any such weapon; or any firearm muffler or firearm silencer. "Firearm" includes any handgun, rifle or shotgun.
History:
Laws 1999, ch. 216, § 1; 2003, ch. 225, § 16.
ANNOTATIONS
The 2003 amendment,
effective July 1, 2003, deleted "the federal Gun-Free Schools Act of 1994 or" following "in violation of" in Subsection A; substituted "may" for "shall immediately" following "law enforcement agency" in Subsections B and C; and added "As used in this section" at the beginning of Subsection D.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 3 - Family in Need of Services (Repealed.) › Section 32A-3-1 - Repealed.

History:
1978 Comp., § 32A-3-1, enacted by Laws 1993, ch. 77, § 62; repealed by Laws 2005, ch. 189, § 77.
ANNOTATIONS
Repeals.
— Laws 2005, ch. 189, § 77 repealed 32A-3-1 NMSA 1978, as enacted by Laws 1993, ch. 77, § 62, the short title of the Family in Need of Services Act, effective June 17, 2005.
Compiler's notes.
— Section 32A-3-1 NMSA 1978 was originally enacted as 32-3-1 NMSA 1978 by Laws 1993, ch. 77, § 62, but were recompiled to Chapter 32A NMSA 1978, in order to retain a historical link between the pre-July 1, 1993 law and the judicial precedents decided under that law. Citations to decisions under prior law have been included whenever possible.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 3A - Voluntary Placement and Family Services › Section 32A-3A-1 - Short title.

Chapter 32A, Article 3A NMSA 1978 may be cited as the "Voluntary Placement and Family Services Act".
History:
1978 Comp., § 32A-3A-1, enacted by Laws 1993, ch. 77, § 63; 2005, ch. 189, § 25; 2023, ch. 90, § 4.
ANNOTATIONS
The 2023 amendment,
effective July 1, 2023, changed the name of the Family Services Act to the Voluntary Placement and Family Services Act, and removed provisions related to the purpose of the Family Services Act; in the section heading, deleted "purpose"; after "cited as the", added "Voluntary Placement and"; and deleted Subsection B.
The 2005 amendment,
effective June 17, 2005, stated the title of the act in Subsection A and provided in Subsection B that the purpose of the Family Services Act is to recognize that a child's behavior is symptomatic of a need for family services, to provide prevention, diversion and intervention services
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 3A - Voluntary Placement and Family Services › Section 32A-3A-3 - Request for family services; withdrawal of request; presumption of good faith.

A. Any child or family member who has a reasonable belief that the child or family is in need of family services may request family services from the department.
B. Any person, including a public or private school principal, who has a reasonable belief that a child or family is in need of family services may submit a referral to the department.
C. A family that requests or accepts family services may withdraw its request for or acceptance of family services at any time.
D. A person who refers a child or family for family services is presumed to be acting in good faith and shall be immune from civil or criminal liability, unless the person acted in bad faith or with malicious purpose.
History:
1978 Comp., § 32A-3A-3, enacted by Laws 1993, ch. 77, § 65; 2005, ch. 189, § 27; 2019, ch. 223, § 16.
ANNOTATIONS
The 2019 amendment,
effective June 14, 2019, provided that public or private school principals may submit a referral to the department if they have a reasonable belief that a child or family is in need of family services; and in Subsection B, after "person", added "including a public or private school principal".
The 2005 amendment,
effective June 17, 2005, in Subsection A, provided that any child or family member who believes that a child is in need of family services may request family services from the department; in Subsection B, provided that any person who believes that a child is in need of family services may submit a referral to the department; and deleted former Subsection C, which authorized a representative of a school to submit a request for family services on behalf of a family to the department under listed certain circumstances.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 3A - Voluntary Placement and Family Services › Section 32A-3A-4 - Referral process.

A. The department shall, subject to the availability of resources, design and implement a referral process to assist a child or family in accessing appropriate services.
B. When the child involved in the referral process is an Indian child, the assessment and referral process shall include contact with the Indian child's tribe for the purpose of consulting and exchanging information.
History:
1978 Comp., § 32A-3A-4, enacted by Laws 1993, ch. 77, § 66; 1995, ch. 206, § 18; 2005, ch. 189, § 28.
ANNOTATIONS
The 2005 amendment,
effective June 17, 2005, in Subsection A, deleted the requirement that the state department of public education [public education department] and the department of health cooperate to design and implement an assessment and referral process for the purpose of assessing the needs of a family in need of services and making referrals; deleted former Subsections B and C, which provided for the elements of the assessment and referral process; and redesignated former Subsection D as Subsection B.
The 1995 amendment,
effective July 1, 1995, added "the department, the state department of public education [public education department], the local education agency and the department of health" following "child's family" in Subsection C.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 3A - Voluntary Placement and Family Services › Section 32A-3A-5 - Repealed.

History:
1978 Comp., § 32A-3A-5, enacted by Laws 1993, ch. 77, § 67; repealed by Laws 2005, ch. 189, § 77.
ANNOTATIONS
Repeals.
— Laws 2005, Chapter 189, § 77 repealed 32A-3A-5 NMSA 1978, as enacted by Laws 1993, ch. 77, § 67, relating to plan for family services, effective June 17, 2005. Because the former and new sections are substantially the same, the new section is considered a continuation of the former section.
See
12-2A-14 NMSA 1978. For provisions of former section,
see
the 2004 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 3A - Voluntary Placement and Family Services › Section 32A-3A-7 - Voluntary placement; time limitation.

A. A child may remain in voluntary placement for up to one hundred eighty consecutive days.
B. Prior to the expiration of the voluntary placement agreement, if the parent or guardian agrees in writing that the child is to remain in voluntary placement for up to an additional one hundred eighty days, the department shall file a petition to extend the voluntary placement. The department shall provide notice of the hearing on the petition for extension to the parent or guardian.
C. The court shall hold a hearing and enter a written final order within thirty days of the filing of the petition. If the court grants an extension of up to one hundred eighty days, the order shall contain findings that proper notice was given, the parent or guardian consents to the extension of the voluntary placement and the voluntary placement agreement is in the child's best interest. If an extension is denied, the court shall enter a written order denying the extension and directing the department to immediately return the child to the parent or guardian.
D. In no event shall a child remain in voluntary placement for a period in excess of three hundred sixty-five days in any two-year period.
E. Any placement described in this section shall not be considered abandonment by a parent, guardian or custodian or other family member.
History:
1978 Comp., § 32A-3A-7, enacted by Laws 1993, ch. 77, § 69; 2005, ch. 82, § 1; 2023, ch. 90, § 7.
ANNOTATIONS
The 2023 amendment,
effective July 1. 2023, revised the time limitations for voluntary placement of a minor child; deleted former Subsection A; and added new Subsections A through C and redesignated former Subsections B and C as Subsections D and E, respectively.
The 2005 amendment,
effective April 4, 2005, extended the time for temporary placements of children.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 3A - Voluntary Placement and Family Services › Section 32A-3A-9 - Repealed.

History:
1978 Comp., § 32A-3A-9, enacted by Laws 1993, ch. 77, § 71; repealed by Laws 2023, ch. 90, § 29.
ANNOTATIONS
Repeals.
— Laws 2023, ch. 90, § 29 repealed 32A-3A-9 NMSA 1978, as enacted by Laws 1993, ch. 77, § 71, relating to right to regain custody, effective July 1, 2023. For provisions of former section,
see
the 2022 NMSA 1978 on
NMOneSource.com
.