reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 6A - Children's Mental Health and Developmental Disabilities › Section 32A-6A-9 - Restraint, generally.

A. Nothing in this section shall be interpreted to diminish the rights and protections accorded to children in hospitals or psychiatric residential treatment or habilitation facilities as provided by federal law and regulation.
B. Restraint and seclusion as provided for in this section is not considered treatment. It is an emergency intervention to be used only until the emergency ceases.
C. Nothing in this section shall prohibit the use of:
(1) mechanical supports or protective devices;
(2) a medical restraint prescribed by a physician or dentist as a health-related protective measure during the conduct of a specific medical, surgical or dental procedure; and
(3) holding a child for a very short period of time without undue force to calm or comfort the child or holding a child's hand to escort the child safely from one area to another.
History:
Laws 2007, ch. 162, § 9; 2008, ch. 75, § 2.
ANNOTATIONS
The 2008 amendment,
effective May 14, 2008, added Subsections A and B and Paragraphs (1) and (3) of Subsection C.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 6A - Children's Mental Health and Developmental Disabilities › Section 32A-6A-11 - Training required for a professional who uses restraint or seclusion.

A mental health or developmental disabilities professional who administers restraint or seclusion shall receive training in current professionally accepted practices and standards regarding:
A. positive behavior interventions strategies and supports;
B. functional behavior assessment and behavior intervention planning;
C. prevention of self-injurious behaviors;
D. methods for identifying and defusing potentially dangerous behavior; and
E. restraint and seclusion, to the extent that each may be used in the treatment setting.
History:
Laws 2007, ch. 162, § 11.
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-14 - Consent for services; children under fourteen years of age.

A. Except as provided in Subsection B of this section, the informed consent of a child's legal custodian shall be required before treatment or habilitation, including psychotherapy or psychotropic medications, is administered to a child under fourteen years of age.
B. A child under fourteen years of age may initiate and consent to an initial assessment with a clinician and for medically necessary early intervention service limited to verbal therapy as set forth in this section. The purpose of the initial assessment is to allow a clinician to interview the child and determine what, if any, action needs to be taken to ensure appropriate mental health or habilitation services are provided to the child. The clinician may conduct an initial assessment and provide medically necessary early intervention service limited to verbal therapy with or without the consent of the legal custodian if such service will not extend beyond two calendar weeks. If, at any time, the clinician has a reasonable suspicion that the child is an abused or neglected child, the clinician shall immediately make a child abuse and neglect report.
History:
Laws 2007, ch. 162, § 14.
ANNOTATIONS
Cross references.
— For provisions of the 1995 Children's Mental Health and Developmental Disabilities Act, relating to right to education,
see
the 2006 NMSA 1978 (32A-6-7) 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.
Educational services.
— Public schools have no constitutional or statutory obligation to provide educational services to students within private, for-profit adolescent psychiatric care and substance abuse treatment centers, but if the student is handicapped, federal law may require such education. 1988 Op. Att'y Gen. No. 88-10.
Law reviews.
— For article, "Treating Children Under the New Mexico Mental Health and Developmental Disabilities Code," see 10 N.M.L. Rev. 279 (1980).
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 6A - Children's Mental Health and Developmental Disabilities › Section 32A-6A-15 - Consent for services; children fourteen years of age or older.

A. A child fourteen years of age or older is presumed to have capacity to consent to treatment without consent of the child's legal custodian, including consent for individual psychotherapy, group psychotherapy, guidance counseling, case management, behavioral therapy, family therapy, counseling, substance abuse treatment or other forms of verbal treatment that do not include aversive interventions. Nothing in this section shall be interpreted to provide a child fourteen years of age or older with independent consent rights for the purposes of the provision of special education and related services as set forth in federal law.
B. Psychotropic medications may be administered to a child fourteen years of age or older with the informed consent of the child. When psychotropic medications are administered to a child fourteen years of age or older, the child's legal custodian shall be notified by the clinician.
C. A clinician or other mental health and developmental disabilities professional shall promote the healthy involvement of a child's legal custodians and family members in developing and implementing the child's treatment plan, including appropriate participation in treatment for children fourteen years of age or older. However, nothing in this section shall limit the rights of a child fourteen years of age or older to consent to services and to consent to disclosure of mental health records.
History:
Laws 2007, ch. 162, § 15.
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-23 - Liability of persons providing treatment or habilitation services.

A. A person providing mental health and developmental disability services to a child and a treatment facility providing mental health and developmental disability services to a child shall not be liable if:
(1) the child does not require detention, treatment or services;
(2) the admission or treatment was made solely on the basis of misrepresentations by a child seeking treatment or habilitation services or by a child's legal custodian, provided the professional or the facility's staff acted in good faith; or
(3) the admission was made solely on the basis of reliance upon a tribal court order, provided the mental health or developmental professional or the facility's staff acted in good faith.
B. Nothing in the Children's Mental Health and Developmental Disabilities Act shall be construed to relieve any professional or facility from liability for negligence or intentional misconduct in the diagnosis, treatment or services provided to any child.
C. Nothing in the Children's Mental Health and Developmental Disabilities Act shall be construed to relieve any professional or facility from a duty pursuant to reporting laws relating to the detection of child abuse.
History:
Laws 2007, ch. 162, § 23.
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-25 - Special commissioner.

A court may conduct the proceedings required by the Children's Mental Health and Developmental Disabilities Act or may, by general or special order, appoint a special commissioner to do so. The special commissioner shall be a licensed attorney. Upon conclusion of the hearing, the special commissioner shall file findings and recommendations with the court promptly.
History:
Laws 2007, ch. 162, § 25.
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-26 - Transportation.

When a child is to be placed in a residential treatment or habilitation program or to be returned to the program during placement, the court ordering the placement or authorizing the return of the child may direct the sheriff, the New Mexico state police or other appropriate persons to furnish suitable transportation in order to effect the placement or return by contacting the department for directions as to the destination of the child.
History:
Laws 2007, ch. 162, § 26.
ANNOTATIONS
Cross references.
— For transportation applicable to the Adult Mental Health and Developmental Disabilities Code,
see
43-1-22 NMSA 1978.
For provisions of the 1995 Children's Mental Health and Developmental Disabilities Act, relating to transportation,
see
the 2006 NMSA 1978 (32A-6-18) 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-27 - Violation of a child's rights.

A child who believes that rights established by the Children's Mental Health and Developmental Disabilities Act or by the constitution of the United States or the constitution of New Mexico have been violated shall have a right to petition the court for redress. The child shall be represented by counsel. The court shall grant relief as is appropriate, subject to the provisions of the Tort Claims Act [41-4-1 to 41-4-27 NMSA 1978].
History:
Laws 2007, ch. 162, § 27.
ANNOTATIONS
Cross references.
— For violation of clients' rights applicable to the Adult Mental Health and Developmental Disabilities Code,
see
43-1-23 NMSA 1978.
For provisions of the 1995 "Children's Mental Health and Developmental Disabilities Act, relating to violation of children's rights,
see
the 2006 NMSA 1978 (32A-6-19) 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-28 - Cost of care.

An indigent child may receive care and treatment at a state-operated facility without charge. The governing authorities of the facility may require payment for the cost of care and treatment from others pursuant to established fee schedules based on ability to pay.
History:
Laws 2007, ch. 162, § 28.
ANNOTATIONS
Cross references.
— For cost of care applicable to the Adult Mental Health and Developmental Disabilities Code,
see
43-1-25 NMSA 1978.
For provisions of the 1995 Children's Mental Health and Developmental Disabilities Act, relating to cost of care,
see
the , 2006 NMSA 1978 (32A-6-20) 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-29 - Recognition of tribal court involuntary placement orders.

A. Notwithstanding the provisions of any other law to the contrary, an involuntary placement order for a child issued by a tribal court shall be recognized and enforced by the district court for the judicial district in which the tribal court is located. The involuntary placement order shall be filed with the clerk of the district court. The tribal court, as the court of original jurisdiction, shall retain jurisdiction and authority over the child.
B. A child placed in an evaluation facility pursuant to the provisions of this section shall be subject to the continuing jurisdiction of the tribal court; provided that any decisions regarding discharge or release of the child from the evaluation facility shall be made by the administrator of that facility. Prior to discharging or releasing the child, the facility shall:
(1) make custody arrangements with the child's legal custodian; and
(2) establish a plan for the child's aftercare.
C. When an Indian child is placed in an evaluation facility pursuant to the provisions of this section, any outpatient treatment of the Indian child shall be provided in the same manner as treatment would be provided for any other child.
D. When an Indian child requires emergency treatment or habilitation, that treatment or habilitation shall be provided pursuant to the provisions of the Children's Mental Health and Developmental Disabilities Act.
E. An Indian child residing on or off a reservation, as a citizen of this state, shall have the same right to services available to other children of the state.
History:
Laws 2007, ch. 162, § 29.
ANNOTATIONS
Cross references.
— For provisions of the 1995 "Children's Mental Health and Developmental Disabilities Act, relating to tribal court involuntary placement orders,
see
the 2006 NMSA 1978 (32A-6-21) 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.
Temporary provision.
— Laws 2007, ch. 162, § 30, provided that the department of health shall promulgate rules for the operation of a human rights committee charged with review and evaluation of a treatment plan that includes aversive intervention.
Law reviews.
— For article, "Problems in the Application of Full Faith and Credit for Indian Tribes," see 7 N.M.L. Rev. 133 (1977).
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 6A - Children's Mental Health and Developmental Disabilities › Section 32A-6A-30 - Rules.

The department shall promulgate rules for the operation of out-of-home treatment and habilitation programs identified as psychiatric residential treatment facilities or non-medical community-based residential programs in keeping with the purposes of the Children's Mental Health and Developmental Disabilities Act and in conformance with applicable federal law and regulation.
History:
Laws 2008, ch. 75, § 7.
ANNOTATIONS
Effective dates.
— Laws 2008, ch. 75 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 14, 2008, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 7 - Juvenile Parole Board (Repealed.) › Section 32A-7-1 - Repealed.

History:
1978 Comp., § 32A-7-1, enacted by Laws 1993, ch. 77, § 194; repealed by Laws 2009, ch. 239, § 70.
ANNOTATIONS
Repeals.
— Laws 2009, ch. 239, § 70 repealed 32A-7-1 NMSA 1978, as enacted by Laws 1993, ch. 77, § 194, relating to the short title, effective July 1, 2009. For provisions of former section,
see
the 2008 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 7 - Juvenile Parole Board (Repealed.) › Section 32A-7-2 - Repealed.

History:
1978 Comp., § 32A-7-2, enacted by Laws 1993, ch. 77, § 195; repealed by Laws 2009, ch. 239, § 70.
ANNOTATIONS
Repeals.
— Laws 2009, ch. 239, § 70 repealed 32A-7-2 NMSA 1978, as enacted by Laws 1993, ch. 77, § 195, relating to juvenile parole board, terms and director, effective July 1, 2009. For provisions of former section,
see
the 2008 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 7 - Juvenile Parole Board (Repealed.) › Section 32A-7-3 - Repealed.

History:
1978 Comp., § 32A-7-3, enacted by Laws 1993, ch. 77, § 196; repealed by Laws 2009, ch. 239, § 70.
ANNOTATIONS
Repeals.
— Laws 2009, ch. 239, § 70 repealed 32A-7-3 NMSA 1978, as enacted by Laws 1993, ch. 77, § 196, relating to removal and vacancies, effective July 1, 2009. For provisions of former section,
see
the 2008 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 7 - Juvenile Parole Board (Repealed.) › Section 32A-7-4 - Repealed.

History:
1978 Comp., § 32A-7-4, enacted by Laws 1993, ch. 77, § 197; repealed by Laws 2009, ch. 239, § 70.
ANNOTATIONS
Repeals.
— Laws 2009, ch. 239, § 70 repealed 32A-7-4 NMSA 1978, as enacted by Laws 1993, ch. 77, § 197, relating to qualifications of board, effective July 1, 2009. For provisions of former section,
see
the 2008 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 7 - Juvenile Parole Board (Repealed.) › Section 32A-7-5 - Repealed.

History:
1978 Comp., § 32A-7-5, enacted by Laws 1993, ch. 77, § 198; repealed by Laws 2009, ch. 239, § 70.
ANNOTATIONS
Repeals.
— Laws 2009, ch. 239, § 70 repealed 32A-7-5 NMSA 1978, as enacted by Laws 1993, ch. 77, § 198, relating to the chairperson, effective July 1, 2009. For provisions of former section,
see
the 2008 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 7 - Juvenile Parole Board (Repealed.) › Section 32A-7-6 - Repealed.

History:
1978 Comp., § 32A-7-6, enacted by Laws 1993, ch. 77, § 199; repealed by Laws 2009, ch. 239, § 70.
ANNOTATIONS
Repeals.
— Laws 2009, ch. 239, § 70 repealed 32A-7-6 NMSA 1978, as enacted by Laws 1993, ch. 77, § 199, relating to powers and duties of the board, effective July 1, 2009. For provisions of former section,
see
the 2008 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 7 - Juvenile Parole Board (Repealed.) › Section 32A-7-7 - Repealed.

History:
1978 Comp., § 32A-7-7, enacted by Laws 1993, ch. 77, § 200; repealed by Laws 2009, ch. 239, § 70.
ANNOTATIONS
Repeals.
— Laws 2009, ch. 239, § 70 repealed 32A-7-7 NMSA 1978, as enacted by Laws 1993, ch. 77, § 200, relating to compensation, effective July 1, 2009. For provisions of former section,
see
the 2008 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 7 - Juvenile Parole Board (Repealed.) › Section 32A-7-8 - Repealed.

History:
1978 Comp., § 32A-7-8, enacted by Laws 1993, ch. 77, § 201; 2003, ch. 225, § 17; repealed by Laws 2009, ch. 239, § 70.
ANNOTATIONS
Repeals.
— Laws 2009, ch. 239, § 70 repealed 32A-7-8 NMSA 1978, as enacted by Laws 1993, ch. 77, § 201, relating to parole eligibility, effective July 1, 2009. For provisions of former section,
see
the 2008 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 7 - Juvenile Parole Board (Repealed.) › Section 32A-7-9 - Repealed.

History:
1978 Comp., § 32A-7-9, enacted by Laws 1993, ch. 77, § 202; repealed by Laws 2009, ch. 239, § 70.
ANNOTATIONS
Repeals.
— Laws 2009, ch. 239, § 70 repealed 32A-7-9 NMSA 1978, as enacted by Laws 1993, ch. 77, § 202, relating to access, effective July 1, 2009. For provisions of former section,
see
the 2008 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 7A - Juvenile Public Safety Advisory Board › Section 32A-7A-1 - Short title.

Chapter 32A, Article 7A NMSA 1978 may be cited as the "Juvenile Public Safety Advisory Board Act".
History:
1978 Comp., § 32A-7A-1, as enacted by Laws 2009, ch. 239, § 58.
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 7A - Juvenile Public Safety Advisory Board › Section 32A-7A-2 - Juvenile public safety advisory board; terms; director.

A. The "juvenile public safety advisory board" is created, consisting of no fewer than three and no more than seven members appointed by the governor. The board is administratively attached to the department. The terms of members of the board shall be six years.
B. A director shall be appointed by the governor as the administrative officer of the juvenile public safety advisory board. The director shall employ other staff as necessary to carry out the duties of the board. Employees shall be employed in classified positions and shall be subject to the provisions of the Personnel Act [Chapter 10, Article 9 NMSA 1978].
History:
1978 Comp., § 32A-7A-2, as enacted by Laws 2009, ch. 239, § 59; 2012, ch. 36, § 1.
ANNOTATIONS
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 2012 amendment,
effective July 1, 2012, established the minimum and maximum number of members of the board and in Subsection A, in the first sentence, after "consisting of", added "no fewer than three and no more than".
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 7A - Juvenile Public Safety Advisory Board › Section 32A-7A-3 - Board; removal; vacancies.

A member of the juvenile public safety advisory board may be removed by the governor as provided in Article 5, Section 5 of the constitution of New Mexico. Vacancies shall be filled by the governor for the remainder of the unexpired term.
History:
1978 Comp., § 32A-7A-3, as enacted by Laws 2009, ch. 239, § 60.
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 7A - Juvenile Public Safety Advisory Board › Section 32A-7A-4 - Board; qualifications.

Members of the juvenile public safety advisory board shall be persons qualified by education or professional training in such fields as criminology, education, health, psychology, psychiatry, law, social work or sociology for children and youth. The membership shall be reasonably representative of the various geographic regions of the state.
History:
1978 Comp., § 32A-7A-4, as enacted by Laws 2009, ch. 239, § 61.
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 7A - Juvenile Public Safety Advisory Board › Section 32A-7A-5 - Board; chair.

A. The governor shall designate one member of the juvenile public safety advisory board to serve as chair.
B. The chair may designate two members of the board to serve as regional vice chairs.
C. An employee of the department shall not be designated to serve as chair or vice chair of the board.
History:
1978 Comp., § 32A-7A-5, as enacted by Laws 2009, ch. 239, § 62; 2012, ch. 36, § 2.
ANNOTATIONS
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 2012 amendment,
effective July 1, 2012, prohibited employees of the department from serving as chair or vice chair of the board and added Subsection C.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 7A - Juvenile Public Safety Advisory Board › Section 32A-7A-6 - Board; powers and duties.

A. The juvenile public safety advisory board shall:
(1) advise the department on release decisions, including the criteria to be used to grant release and participation in decisions to grant or deny release;
(2) meet with the secretary of children, youth and families or the secretary's designee a minimum of twice each year for the purpose of reviewing the activities of the department;
(3) visit each facility for adjudicated delinquent children operated by the department at least once each year and on or before June 30 of each year, submit a written report to the governor and the secretary regarding conditions relating to the care and treatment of youth assigned to the facilities and any other matters pertinent in the judgment of the board;
(4) make recommendations to the secretary of children, youth and families and the director of the juvenile justice division of the department concerning programs and facilities for adjudicated delinquent children; and
(5) adopt rules and regulations as may be necessary for the effectual discharge of duties of the board.
B. Within forty days of a juvenile's arrival at a facility, the juvenile public safety advisory board shall conduct an initial assessment of the juvenile. At regularly scheduled intervals thereafter, the board shall conduct administrative reviews to assess the juvenile's progress or lack thereof. After each administrative review, the board shall prepare a report of the juvenile offender's progress with recommendations as to readiness for release or appropriateness of programming.
History:
1978 Comp., § 32A-7A-6, as enacted by Laws 2009, ch. 239, § 63.
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 7A - Juvenile Public Safety Advisory Board › Section 32A-7A-7 - Board; compensation.

The members of the juvenile public safety advisory board shall receive per diem and mileage as provided for nonsalaried public officers in the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978] and shall receive no other compensation, perquisite or allowance.
History:
1978 Comp., § 32A-7A-7, as enacted by Laws 2009, ch. 239, § 64.
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 7A - Juvenile Public Safety Advisory Board › Section 32A-7A-8 - Access.

The juvenile public safety advisory board shall have access at reasonable times to any adjudicated delinquent child and any records pertaining to the child for whom the department is considering release or who has requested release pursuant to procedures established by the department. The agency or facility to which legal custody was transferred shall also provide the board with facilities for communicating with and interviewing children.
History:
1978 Comp., § 32A-7A-8, as enacted by Laws 2009, ch. 239, § 65.
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 8 - Citizen Substitute Care Review › Section 32A-8-1 - Short title.

Chapter 32A, Article 8 NMSA 1978 may be cited as the "Citizen Substitute Care Review Act".
History:
1978 Comp., § 32A-8-1, enacted by Laws 1993, ch. 77, § 203; 2016, ch. 60, § 4.
ANNOTATIONS
The 2016 amendment,
effective July 1, 2016, after "Chapter", changed "32" to "32A".
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 8 - Citizen Substitute Care Review › Section 32A-8-2 - Purpose of act.

The purpose of the Citizen Substitute Care Review Act is to provide a permanent system for independent and objective monitoring of children placed in the custody of the department by examining the policies, procedures and practices of the department and, where appropriate, specific cases to evaluate the extent to which the department is effectively discharging its child protection responsibilities.
History:
1978 Comp., § 32A-8-2, enacted by Laws 1993, ch. 77, § 204; 2016, ch. 60, § 5.
ANNOTATIONS
The 2016 amendment,
effective July 1, 2016, clarified how the citizen substitute care review boards are to monitor children placed in the custody of the children, youth and families department; and after "custody of the department", added the remainder of the section.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 8 - Citizen Substitute Care Review › Section 32A-8-3 - Repealed.

History:
1978 Comp., § 32A-8-3, enacted by Laws 1993, ch. 77, § 205; repealed by Laws 2016, ch. 60, § 10.
ANNOTATIONS
Repeals.
— Laws 2016, ch. 60, § 10 repealed 32A-8-3 NMSA 1978, as enacted by Laws 1993, ch. 77, § 205, relating to implementation of the act, effective July 1, 2016. For provisions of former section,
see
the 2015 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 8 - Citizen Substitute Care Review › Section 32A-8-6 - Substitute care review board reviews of cases.

When council rules designate the review of a case, a substitute care review board shall conduct the review in accordance with the provisions of the Children's Code and the Abuse and Neglect Act [Chapter 32A, Article 4 NMSA 1978] and council rules. The designated substitute care review board shall submit a report to the court for each case that it reviews. The substitute care review board shall give the parties in a children's court case under substitute care review board review notice of a substitute care review board meeting related to that case and afford the parties an opportunity to participate fully in the substitute care review board meeting.
History:
1978 Comp., § 32A-8-6, enacted by Laws 1993, ch. 77, § 208; 2016, ch. 60, § 8.
ANNOTATIONS
Compiler's note.
— Laws 1993, ch. 77, § 119, enacted as 32-4-23 NMSA 1978, was recompiled as 32A-4-25 NMSA 1978 by the compiler.
See
note at the beginning of this article.
The 2016 amendment,
effective July 1, 2016, required that when the substitute care advisory council requires a substitute care review board to review a case, that the review be conducted in accordance with the Children's Code and the Abuse and Neglect Act and the council's rules; in the catchline, deleted "Citizen" and added "Substitute care", and after "reviews of", deleted "dispositional judgments" and added "cases"; in former Subsection A, deleted the subsection designation and deleted "Prior to any judicial review by the court pursuant to Section 32A-4-23 NMSA 1978, the local substitute care review board shall review any dispositional order or the continuation of the order and the department's progress report on the child and submit a report to the court. The", and added the next two sentences and "The substitute care review board shall give the", after "parties in", deleted "the" and added "a", after "children's court", deleted "proceedings shall be given prior" and added "case under substitute care review board review", after "notice of", deleted "the" and added "a substitute care", after "review board meeting", added "related to that case", after "and", deleted "be afforded" and added "afford", after "the", added "parties an", and after "participate fully in the", added "substitute care review board"; and deleted former Subsection B.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 8 - Citizen Substitute Care Review › Section 32A-8-7 - Transfer provisions; funds; contracts; references in law.

On the effective date of this 2016 act:
A. all functions, records, personnel, appropriations, money, furniture, property, equipment and supplies of the department of finance and administration relating to the Citizen Substitute Care Review Act shall be transferred to the council;
B. all appropriations, contract funds and funds for contract administration and staff, the cost of council per diem and travel, training and all other costs relating to the Citizen Substitute Care Review Act shall be transferred from the department of finance and administration to the council;
C. all existing rules and regulations, contracts and agreements of the department of finance and administration relating to the statewide system of substitute care review boards shall be binding and effective on the council; and
D. all references in law to the state advisory committee shall be deemed to be references to the council.
History:
1978 Comp., § 32A-8-7, enacted by Laws 1993, ch. 77, § 209; 2016, ch. 60, § 9.
ANNOTATIONS
Compiler's notes.
— The "effective date of this 2016 act" referred to in the introductory language is July 1, 2016, the effective date of Laws 2016, ch. 60.
The 2016 amendment,
effective July 1, 2016, required the department of finance and administration to transfer all functions, records, personnel, appropriations, money, equipment, property and supplies relating to the Citizen Substitute Care Review Act to the substitute care advisory council, and required all references in law to the state advisory committee shall be deemed to be references to the council; in the catchline, deleted "temporary provisions", after "transfer", added "provisions", and after "contracts", added "references in law"; added the introductory language "On the effective date of this 2016 act"; in Subsection A, deleted "On the effective date of the Children's Code", after "all", added "functions", after "personnel", added "appropriations", after "the department", added "of finance and administration", and after "transferred to", deleted "department of finance and administration" and added "council"; in Subsection B, deleted "On the effective date of the Children's Code", after "the cost of", deleted "advisory committee" and added "council", after "the department", added "of finance and administration", and after "to the", deleted "department of finance and administration" and added "council"; in Subsection C, deleted "On the effective date of the Children's Code", after "contracts and agreements", deleted "in effect with" and added "of", after "the department", deleted "for providing a" and added "of finance and administration relating to the", after "system of", deleted "local", and after "effective on the", deleted "department of finance and administration" and added "council; and"; and added a new Subsection D.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 9 - Children's Shelter Care › Section 32A-9-1 - Short title.

Sections 1 through 7 [32A-9-1 to 32A-9-7 NMSA 1978] of this act may be cited as the "Children's Shelter Care Act".
History:
1978 Comp., § 32-2A-1, enacted by Laws 1978, ch. 108, § 1; recompiled as 1978 Comp., § 32A-9-1 by Laws 1993, ch. 77, § 210.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 9 - Children's Shelter Care › Section 32A-9-2 - Legislative findings and purpose.

A. The legislature finds and declares that appropriate and distinct programs of supervision and care for children are required to fulfill the purposes of the Children's Code; that many children are needlessly detained in secured facilities on charges for acts that would not be criminal if they were committed by an adult; that these children would benefit from either immediate return to the family or placement in shelter-care homes or nonsecured shelter-care facilities; and that certain alleged delinquents will benefit from nonsecured placements and do not require secure detention.
B. The purpose of the Children's Shelter Care Act is:
(1) to provide funding for the establishment of shelter-care facilities or programs; and
(2) to divert children out of the juvenile justice system and provide for their supervision and care in community-based shelter-care homes and facilities when the immediate return to the child's family is not feasible or when intervention programs alone are not sufficient for the care and treatment of the child.
History:
1978 Comp., § 32-2A-2, enacted by Laws 1978, ch. 108, § 2; recompiled as 1978 Comp., § 32A-9-2 by Laws 1993, ch. 77, § 210.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 9 - Children's Shelter Care › Section 32A-9-3 - Definitions.

As used in the Children's Shelter Care Act:
A. "child" means an individual who is less than eighteen years old;
B. "alleged child in need of supervision" means a child who is charged with an offense applicable only to children or not classified as criminal;
C. "child in need of supervision" means a child found by the children's court or family court division of the district court to:
(1) have committed an offense applicable only to children or not classified as criminal; and
(2) be in need of care or rehabilitation;
D. "alleged delinquent child" means a child charged with an act that would be designated as a crime under the Criminal Code [30-1-1 NMSA 1978] if committed by an adult;
E. "community-based shelter-care facility" means a physically nonrestrictive home or living facility to be used as a temporary living place for a child eligible under Section 32-2A-6 [32A-9-6] NMSA 1978, pending the return of such child to his family or his placement in a residential facility designed for long-term placement;
F. "programs of supervision and care" includes programs, placements and services designed to serve as alternatives to the physical detention of alleged children in need of supervision, alleged delinquent children and children in need of supervision; and
G. "department" means the children, youth and families department.
History:
1978 Comp., § 32-2A-3, enacted by Laws 1978, ch. 108, § 3; 1983, ch. 180, § 1; 1992, ch. 57, § 34; recompiled as 1978 Comp., § 32A-9-3 by Laws 1993, ch. 77, § 210.
ANNOTATIONS
Cross references.
— For children, youth and families department,
see
9-2A-1 NMSA 1978.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 9 - Children's Shelter Care › Section 32A-9-4 - Rules and regulations; promulgation.

The department shall promulgate necessary rules, regulations, standards and procedures to carry out the purposes of the Children's Shelter Care Act.
History:
1978 Comp., § 32-2A-4, enacted by Laws 1978, ch. 108, § 4; recompiled as 1978 Comp., § 32A-9-4 by Laws 1993, ch. 77, § 210.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 9 - Children's Shelter Care › Section 32A-9-5 - Community-based shelter-care facilities.

The department shall establish and support community-based shelter-care facilities and programs of supervision and care, and shall support existing community-based shelter-care facilities and other programs of supervision and care.
History:
1978 Comp., § 32-2A-5, enacted by Laws 1978, ch. 108, § 5; recompiled as 1978 Comp., § 32A-9-5 by Laws 1993, ch. 77, § 210.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 9 - Children's Shelter Care › Section 32A-9-6 - Eligibility of child for placement.

A child is eligible to be placed in a community-based shelter-care facility provided for under Section 5 [32A-9-5 NMSA 1978] of the Children's Shelter Care Act if:
A. the child is an alleged child in need of supervision; a child in need of supervision; or
B. the child is an alleged delinquent child and there is no probable cause to believe that the child will injure others or himself, run away or be taken away so as to be unavailable for proceedings of the court or its officers.
History:
1978 Comp., § 32-2A-6, enacted by Laws 1978, ch. 108, § 6; recompiled as 1978 Comp., § 32A-9-6 by Laws 1993, ch. 77, § 210.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 9 - Children's Shelter Care › Section 32A-9-7 - Report to the governor and the legislature.

The department shall provide an annual report to the governor and the legislature concerning the projects and programs funded under the Children's Shelter Care Act. The report shall include:
A. a description of the community-based shelter-care facilities and programs of care and supervision funded pursuant to the Children's Shelter Care Act;
B. an accounting of expenditures;
C. an analysis of the effectiveness of the community-based shelter-care facilities and programs of care and supervision funded pursuant to that act; and
D. a description of procedures employed by the department in awarding grants, and auditing, monitoring and evaluating facilities and programs.
History:
1978 Comp., § 32-2A-7, enacted by Laws 1978, ch. 108, § 7; recompiled as 1978 Comp., § 32A-9-7 by Laws 1993, ch. 77, § 210.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 10 - Interstate Compact for Juveniles › Section 32A-10-1 - Repealed.

History:
1953 Comp., § 13-16-1, enacted by Laws 1973, ch. 238, § 1; recompiled as 1978 Comp., § 32A-10-1 by Laws 1993, ch. 77, § 211; repealed by Laws 2003, ch. 48.
ANNOTATIONS
Repeals.
— Laws 2003, ch. 48 repealed 32A-10-1 NMSA 1978, as enacted by Laws 1973, ch. 238, § 1, when the Interstate Compact for Juveniles was enacted into law by the thirty-fifth state. As of September 14, 2009, forty states had enacted the Interstate Compact for Juveniles into law. For provisions of the former section,
see
the 2011 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 10 - Interstate Compact for Juveniles › Section 32A-10-2 - Repealed.

History:
1953 Comp., § 13-16-2, enacted by Laws 1973, ch. 238, § 2; recompiled as 1978 Comp., § 32A-10-2 by Laws 1993, ch. 77, § 211; repealed by Laws 2003, ch. 48.
ANNOTATIONS
Repeals.
— Laws 2003, ch. 48 repealed 32A-10-2 NMSA 1978, as enacted by Laws 1973, ch. 238, § 2, when the Interstate Compact for Juveniles was enacted into law by the thirty-fifth state. As of September 14, 2009, forty states had enacted the Interstate Compact for Juveniles into law. For provisions of the former section,
see
the 2011 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 10 - Interstate Compact for Juveniles › Section 32A-10-3 - Repealed.

History:
1953 Comp., § 13-16-3, enacted by Laws 1973, ch. 238, § 3; recompiled as 1978 Comp., § 32A-10-3 by Laws 1993, ch. 77, § 211; repealed by Laws 2003, ch. 48.
ANNOTATIONS
Repeals.
— Laws 2003, ch. 48 repealed 32A-10-3 NMSA 1978, as enacted by Laws 1973, ch. 238, § 3, when the Interstate Compact for Juveniles was enacted into law by the thirty-fifth state. As of September 14, 2009, forty states had enacted the Interstate Compact for Juveniles into law. For provisions of the former section,
see
the 2011 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 10 - Interstate Compact for Juveniles › Section 32A-10-4 - Repealed.

History:
1953 Comp., § 13-16-4, enacted by Laws 1973, ch. 238, § 4; 1988, ch. 101, § 28; 1992, ch. 57, § 35; recompiled as 1978 Comp., § 32A-10-4 by Laws 1993, ch. 77, § 211; repealed by Laws 2003, ch. 48.
ANNOTATIONS
Repeals.
— Laws 2003, ch. 48 repealed 32A-10-4 NMSA 1978, as enacted by Laws 1973, ch. 238, § 4, when the Interstate Compact for Juveniles was enacted into law by the thirty-fifth state. As of September 14, 2009, forty states had enacted the Interstate Compact for Juveniles into law. For provisions of the former section,
see
the 2011 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 10 - Interstate Compact for Juveniles › Section 32A-10-5 - Repealed.

History:
1953 Comp., § 13-16-5, enacted by Laws 1973, ch. 238, § 5; recompiled as 1978 Comp., § 32A-10-5 by Laws 1993, ch. 77, § 211; repealed by Laws 2003, ch. 48.
ANNOTATIONS
Repeals.
— Laws 2003, ch. 48 repealed 32A-10-5 NMSA 1978, as enacted by Laws 1973, ch. 238, § 5, when the Interstate Compact for Juveniles was enacted into law by the thirty-fifth state. As of September 14, 2009, forty states had enacted the Interstate Compact for Juveniles into law. For provisions of the former section,
see
the 2011 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 10 - Interstate Compact for Juveniles › Section 32A-10-6 - Repealed.

History:
1953 Comp., § 13-16-6, enacted by Laws 1973, ch. 238, § 6; 1988, ch. 101, § 29; 1992, ch. 57, § 36; recompiled as 1978 Comp., § 32A-10-6 by Laws 1993, ch. 77, § 211; repealed by Laws 2003, ch. 48.
ANNOTATIONS
Repeals.
— Laws 2003, ch. 48 repealed 32A-10-6 NMSA 1978, as enacted by Laws 1973, ch. 238, § 6, when the Interstate Compact for Juveniles was enacted into law by the thirty-fifth state. As of September 14, 2009, forty states had enacted the Interstate Compact for Juveniles into law. For provisions of the former section,
see
the 2011 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 10 - Interstate Compact for Juveniles › Section 32A-10-7 - Repealed.

History:
1953 Comp., § 13-16-7, enacted by Laws 1973, ch. 238, § 7; recompiled as 1978 Comp., § 32A-10-7 by Laws 1993, ch. 77, § 211; repealed by Laws 2003, ch. 48.
ANNOTATIONS
Repeals.
— Laws 2003, ch. 48 repealed 32A-10-7 NMSA 1978, as enacted by Laws 1973, ch. 238, § 7, when the Interstate Compact for Juveniles was enacted into law by the thirty-fifth state. As of September 14, 2009, forty states had enacted the Interstate Compact for Juveniles into law. For provisions of the former section,
see
the 2011 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 10 - Interstate Compact for Juveniles › Section 32A-10-8 - Repealed.

History:
1953 Comp., § 13-16-8, enacted by Laws 1973, ch. 238, § 8; recompiled as 1978 Comp., § 32A-10-8 by Laws 1993, ch. 77, § 211; repealed by Laws 2003, ch. 48.
ANNOTATIONS
Repeals.
— Laws 2003, ch. 48 repealed 32A-10-8 NMSA 1978, as enacted by Laws 1973, ch. 238, § 8, when the Interstate Compact for Juveniles was enacted into law by the thirty-fifth state. As of September 14, 2009, forty states had enacted the Interstate Compact for Juveniles into law. For provisions of the former section,
see
the 2011 NMSA 1978 on
NMOneSource.com.