reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 11 - Interstate Compact on Placement of Children › Section 32A-11-2 - Financial responsibility; default in compact.

Financial responsibility for any child placed pursuant to the provisions of the Interstate Compact on the Placement of Children shall be determined in accordance with the provisions of Article 5 thereof in the first instance. However, in the event of partial or complete default of performance thereunder, the provisions of the New Mexico law fixing responsibility for the support of children also may be invoked.
History:
1953 Comp., § 13-16A-2, enacted by Laws 1977, ch. 151, § 2; recompiled as 1978 Comp., § 32A-11-2 by Laws 1993, ch. 77, § 212.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 11 - Interstate Compact on Placement of Children › Section 32A-11-2 - Financial responsibility; default in compact. (Contingent effective date. See note below.)

Financial responsibility for any child placed pursuant to the provisions of the Revised Interstate Compact on the Placement of Children [32A-11-1 NMSA 1978] shall be determined in accordance with the provisions of Article 7 and Article 12 of that compact in the first instance. However, in the event of partial or complete default of performance under that compact, the provisions of the New Mexico law fixing responsibility for the support of children also may be invoked.
History:
1953 Comp., § 13-16A-2, enacted by Laws 1977, ch. 151, § 2; recompiled as 1978 Comp., § 32A-11-2 by Laws 1993, ch. 77, § 212; 2023, ch. 118, § 2.
ANNOTATIONS
The 2023 amendment,
added "Revised" preceding "Interstate Compact", after "Article", deleted "5 thereof" and added "7 and Article 12 of that compact", and after "performance", deleted "thereunder" and added "under that compact".
Contingent effective dates.
— The effective date of the provisions of Laws 2023, ch. 118, § 2 shall become effective when the thirty-fifth state has enacted the Revised Interstate Compact on the Placement of Children as provided in Section B of Article 14 of the Revised Interstate Compact on the Placement of Children. The secretary of children, youth and families shall notify the governor, the executive director of the New Mexico compilation commission and the director of the legislative council service when the thirty-fifth state has enacted the Revised Interstate Compact on the Placement of Children.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 11 - Interstate Compact on Placement of Children › Section 32A-11-3 - Notices; health and social services department [human services department][health care authority department]. (Contingent repeal. See note.)

The "appropriate public authorities" as used in Article 3 of the Interstate Compact on the Placement of Children shall, with reference to New Mexico, mean the health and social services department [human services department][health care authority department], and said department shall receive and act with reference to notices required by said Article 3.
History:
1953 Comp., § 13-16A-3, enacted by Laws 1977, ch. 151, § 3; recompiled as 1978 Comp., § 32A-11-3 by Laws 1993, ch. 77, § 212.
ANNOTATIONS
Bracketed material.
— The health and social services department has been abolished, and its functions have been transferred, in part, to the human services department, pursuant to Laws 1977, ch. 252, §§ 3, 5. See 9-8-3 NMSA 1978. The bracketed material was inserted by the compiler and is not a part of the law.
Laws 2023, ch. 205, § 16 provided that references to the human services department shall be deemed to be references to the health care authority department.
Contingent repeal.
— Laws 2023, ch. 118, § 6 provided that the provisions of 32A-11-3 NMSA 1978 shall become effective when the thirty-fifth state has enacted the Revised Interstate Compact on the Placement of Children as provided in Section B of Article 14 of the Revised Interstate Compact on the Placement of Children. The secretary of children, youth and families shall notify the governor, the executive director of the New Mexico compilation commission and the director of the legislative council service when the thirty-fifth state has enacted the Revised Interstate Compact on the Placement of Children.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 11 - Interstate Compact on Placement of Children › Section 32A-11-4 - "Appropriate authority"; health and social services department [human services department][health care authority department]. (Contingent repeal. See note.)

As used in Paragraph A of Article 5 of the Interstate Compact on the Placement of Children, the phrase, "appropriate authority in the receiving state," with reference to New Mexico shall mean the health and social services department [human services department][health care authority department].
History:
1953 Comp., § 13-16A-4, enacted by Laws 1977, ch. 151, § 4; recompiled as 1978 Comp., § 32A-11-4 by Laws 1993, ch. 77, § 212.
ANNOTATIONS
Bracketed material.
— The health and social services department has been abolished, and its functions have been transferred, in part, to the human services department, pursuant to Laws 1977, ch. 252, §§ 3, 5. See 9-8-3 NMSA 1978. The bracketed material was inserted by the compiler and is not a part of the law.
Laws 2023, ch. 205, § 16 provided that references to the human services department shall be deemed to be references to the health care authority department.
Contingent repeal.
— Laws 2023, ch. 118, § 6 provided that the provisions of 32A-11-4 NMSA 1978 shall become effective when the thirty-fifth state has enacted the Revised Interstate Compact on the Placement of Children as provided in Section B of Article 14 of the Revised Interstate Compact on the Placement of Children. The secretary of children, youth and families shall notify the governor, the executive director of the New Mexico compilation commission and the director of the legislative council service when the thirty-fifth state has enacted the Revised Interstate Compact on the Placement of Children.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 11 - Interstate Compact on Placement of Children › Section 32A-11-5 - Financial commitment; approval.

The officers and agencies of the state and of its political subdivisions having authority to place children are hereby empowered to enter into agreements with appropriate officers or agencies of or in other party states pursuant to Paragraph B of Article 5 of the Interstate Compact on the Placement of Children. Any such agreement which contains a financial commitment or imposes a financial obligation on the state or political subdivision or agency thereof shall not be binding unless it has the approval in writing of the secretary of finance and administration and of the chief local fiscal officer in the case of a political subdivision of the state.
History:
1953 Comp., § 13-16A-5, enacted by Laws 1977, ch. 151, § 5; 1983, ch. 301, § 73; recompiled as 1978 Comp., § 32A-11-5 by Laws 1993, ch. 77, § 212.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 11 - Interstate Compact on Placement of Children › Section 32A-11-5 - Financial commitment; approval. (Contingent effective date. See note below.)

The officers and agencies of the state and of its political subdivisions having authority to place children are hereby empowered to enter into agreements with appropriate officers or agencies of or in other party states pursuant to Paragraph (3) of Section A of Article 7 of the Revised Interstate Compact on the Placement of Children [32A-11-1 NMSA 1978]. Any such agreement that contains a financial commitment or imposes a financial obligation on the state or political subdivision or agency thereof shall not be binding unless it has the approval in writing of the secretary of finance and administration and of the chief local fiscal officer in the case of a political subdivision of the state.
History:
1953 Comp., § 13-16A-5, enacted by Laws 1977, ch. 151, § 5; 1983, ch. 301, § 73; recompiled as 1978 Comp., § 32A-11-5 by Laws 1993, ch. 77, § 212; 2023, ch. 118, § 3.
ANNOTATIONS
The 2023 amendment,
after "Paragraph", deleted "B of Article 5" and added "(3) of Section A of Article 7", and added "Revised" preceding "Interstate Compact".
Contingent effective dates.
— The effective date of the provisions of Laws 2023, ch. 118, § 3 shall become effective when the thirty-fifth state has enacted the Revised Interstate Compact on the Placement of Children as provided in Section B of Article 14 of the Revised Interstate Compact on the Placement of Children. The secretary of children, youth and families shall notify the governor, the executive director of the New Mexico compilation commission and the director of the legislative council service when the thirty-fifth state has enacted the Revised Interstate Compact on the Placement of Children.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 11 - Interstate Compact on Placement of Children › Section 32A-11-6 - Court jurisdiction in placement of delinquent children.

Any court having jurisdiction to place delinquent children may place such a child in an institution in another state pursuant to Article 6 of the Interstate Compact on the Placement of Children and shall retain jurisdiction as provided in Article 5 thereof.
History:
1953 Comp., § 13-16A-6, enacted by Laws 1977, ch. 151, § 6; recompiled as 1978 Comp., § 32A-11-6 by Laws 1993, ch. 77, § 212.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 11 - Interstate Compact on Placement of Children › Section 32A-11-6 - Court jurisdiction in placement of delinquent children. (Contingent effective date. See note below.)

Any court having jurisdiction to place delinquent children may place such a child in an institution in another state pursuant to Article 3 of the Revised Interstate Compact on the Placement of Children [32A-11-1 NMSA 1978] and shall retain jurisdiction as provided in Article 4 of that compact.
History:
1953 Comp., § 13-16A-6, enacted by Laws 1977, ch. 151, § 6; recompiled as 1978 Comp., § 32A-11-6 by Laws 1993, ch. 77, § 212; 2023, ch. 118, § 4.
ANNOTATIONS
The 2023 amendment,
after the first occurrence of "Article", deleted "6" and added "3", added "Revised" preceding "Interstate Compact", and after the second occurrence of "Article", deleted "5 thereof" and added "4 of that compact".
Contingent effective dates.
— The effective date of the provisions of Laws 2023, ch. 118, § 4 shall become effective when the thirty-fifth state has enacted the Revised Interstate Compact on the Placement of Children as provided in Section B of Article 14 of the Revised Interstate Compact on the Placement of Children. The secretary of children, youth and families shall notify the governor, the executive director of the New Mexico compilation commission and the director of the legislative council service when the thirty-fifth state has enacted the Revised Interstate Compact on the Placement of Children.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 11 - Interstate Compact on Placement of Children › Section 32A-11-7 - Governor.

As used in Article 7 of the Interstate Compact on the Placement of Children, the term "executive head" means the governor. The governor is hereby authorized to appoint a compact administrator in accordance with the terms of said Article 7.
History:
1953 Comp., § 13-16A-7, enacted by Laws 1977, ch. 151, § 7; recompiled as 1978 Comp., § 32A-11-7 by Laws 1993, ch. 77, § 212.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 11 - Interstate Compact on Placement of Children › Section 32A-11-7 - Governor. (Contingent effective date. See note below.)

As used in Article 8 of the Revised Interstate Compact on the Placement of Children, [32A-11-1 NMSA 1978] the term "executive head" means the governor. The governor is hereby authorized to appoint a compact administrator in accordance with the terms of Article 8 of that compact.
History:
1953 Comp., § 13-16A-7, enacted by Laws 1977, ch. 151, § 7; recompiled as 1978 Comp., § 32A-11-7 by Laws 1993, ch. 77, § 212; 2023, ch. 118, § 5.
ANNOTATIONS
The 2023 amendment,
after "As used in", deleted "Article 7" and added "Article 8", added "Revised" preceding "Interstate Compact on the Placement of Children", and after "the terms of", deleted "Article 7" and added "Article 8 of that compact".
Contingent effective dates.
— The effective date of the provisions of Laws 2023, ch. 118, § 5 shall become effective when the thirty-fifth state has enacted the Revised Interstate Compact on the Placement of Children as provided in Section B of Article 14 of the Revised Interstate Compact on the Placement of Children. The secretary of children, youth and families shall notify the governor, the executive director of the New Mexico compilation commission and the director of the legislative council service when the thirty-fifth state has enacted the Revised Interstate Compact on the Placement of Children.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 12 - Residential Treatment Program › Section 32A-12-1 - Residential treatment program established.

A. There is established within the children, youth and families department a residential treatment program for youths. The program shall be for the purpose of providing residential treatment or therapeutic group home care to youths. Residential treatment services shall be provided to youths who are determined to be in need of such services pursuant to Section 43-1-16 or 43-1-16.1 NMSA 1978.
B. Services shall be provided through a grant or contract with local community providers who have demonstrated the capability of providing such services. All program facilities used for provision of residential treatment or therapeutic group home care shall meet all applicable licensing requirements.
C. Contracts may be let to out-of-state providers only upon a finding by the secretary of children, youth and families that appropriate in-state providers are not available.
D. The secretary of human services and the secretary of children, youth and families shall execute an agreement specifying the manner in which clients and funds in the custody of the human services department [health care authority department] shall be transferred to the children, youth and families department for treatment and the ongoing responsibilities of each agency toward the clients served.
History:
Laws 1979, ch. 227, § 1; 1983, ch. 93, § 1; 1992, ch. 57, § 37; recompiled as 1978 Comp., § 32A-12-1 by Laws 1993, ch. 77, § 213.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law. Laws 2023, ch. 205, § 16 provided that references to the human services department shall be deemed to be references to the health care authority department.
Cross references.
— For children, youth and families department,
see
9-2A-1 NMSA 1978.
Compiler's notes.
— Sections 43-1-16 and 43-1-16.1 NMSA 1978, referred to in Subsection A, were repealed in 1993. For present comparable provisions,
see
32A-6-12 and 32A-6-13 NMSA 1978.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 12 - Residential Treatment Program › Section 32A-12-2 - Residential treatment programs; rules.

The secretary of children, youth and families shall adopt rules to provide for:
A. minimum standards that shall be met by a residential treatment program, including a requirement that the program make reasonable provisions for adequate physical space for a school district to provide the required free appropriate public education;
B. procedures and forms for applying for a departmental grant or contract;
C. procedures and criteria for review and approval or denial of such applications;
D. procedures for approval of facilities and programs in or through which services are to be performed;
E. procedures and specifications of programmatic and financial information to be reported by residential treatment programs to the children, youth and families department for purposes of evaluating the effectiveness of programs funded by the department; and
F. procedures for review of potential clients for residential treatment or therapeutic group home care.
History:
Laws 1979, ch. 227, § 2; 1992, ch. 57, § 38; recompiled as 1978 Comp., § 32A-12-2 by Laws 1993, ch. 77, § 213; 2009, ch. 162, § 2.
ANNOTATIONS
Cross references.
— For children, youth and families department,
see
9-2A-1 NMSA 1978 et seq.
The 2009 amendment,
effective July 1, 2009, in Subsection A, after "residential treatment program", added the remainder of the sentence.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 13 - Juvenile Assistance Programs › Section 32A-13-1 - Purpose.

The legislature finds that juvenile crime is steadily increasing and that a reliable process of disposition of juvenile offenders and the availability of treatment alternatives is likely to decrease repeated criminal activity. The legislature further finds that there is a need for a community-based system for juveniles which would provide reintegration assistance, diagnostic evaluations and referral to community-based treatment programs for courts, district attorneys and other service agencies. Two programs related to such a system and associated with the judicial and criminal justice systems have been tested for the past three years. They have been found to be successful in providing evaluation and treatment and have shown significant reduction of repeated criminal activity. These programs are the forensic evaluation program and the wilderness experience program.
History:
Laws 1979, ch. 300, § 1; recompiled as 1978 Comp., § 32A-13-1 by Laws 1993, ch. 77, § 214.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 13 - Juvenile Assistance Programs › Section 32A-13-2 - Juvenile forensic evaluation program.

A. There is created within the children, youth and families department the "juvenile forensic evaluation program". The program shall be staffed by juvenile forensic evaluation teams and shall provide evaluation of children alleged or found to be in need of supervision and alleged delinquents upon request of the court, law enforcement agencies and juvenile probation officers.
B. The juvenile forensic evaluation teams shall recommend referral of children alleged or found to be in need of supervision or alleged delinquents to the children, youth and families department, department of health or human services department [health care authority department] or recommend any other appropriate legal disposition based on the diagnostic evaluation. Juvenile forensic evaluation teams shall follow the juvenile in each stage of treatment, utilizing a data management system established by the children, youth and families department, and shall provide information upon request to state agencies, pursuant to applicable confidentiality provisions pertaining to children.
History:
Laws 1979, ch. 300, § 2; 1989, ch. 328, § 11; 1992, ch. 57, § 39; recompiled as 1978 Comp., § 32A-13-2 by Laws 1993, ch. 77, § 214.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law. Laws 2023, ch. 205, § 16 provided that references to the human services department shall be deemed to be references to the health care authority department.
Cross references.
— For children, youth and families department,
see
9-2A-1 NMSA 1978.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 13 - Juvenile Assistance Programs › Section 32A-13-3 - Wilderness experience program.

A wilderness experience program shall be provided by the children, youth and families department as needed for the treatment of children alleged or found to be delinquent or in need of supervision. This program shall work in conjunction with the other forensic programs and criminal justice agencies throughout the state by providing a wilderness-based evaluation and treatment experience for juveniles. It shall be the responsibility of this program to provide, in conjunction with the juvenile forensic evaluation program, programming for juveniles referred from criminal justice agencies and diagnosed as in need of such treatment. The wilderness experience program staff shall make comprehensive reports based on the evaluation of individuals during the treatment experience and shall make recommendations for further treatment and referral to other service programs as necessary.
History:
Laws 1979, ch. 300, § 3; 1988, ch. 101, § 30; 1992, ch. 57, § 40; recompiled as 1978 Comp., § 32A-13-3 by Laws 1993, ch. 77, § 214.
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 14 - Missing Child Reporting (Repealed.) › Section 32A-14-1 - Repealed.

History:
Laws 1987, ch. 25, § 1; recompiled as 1978 Comp., § 32A-14-1 by Laws 1993, ch. 77, § 215; repealed by Laws 2010, ch. 33, § 15.
ANNOTATIONS
Repeals.
— Laws 2010, ch. 33, § 15 repealed 32A-14-1 NMSA 1978, as enacted by Laws 1987, ch. 25, § 1, the short title of the Missing Child Reporting Act, effective May 19, 2010. For provisions of former section,
see
the 2009 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 14 - Missing Child Reporting (Repealed.) › Section 32A-14-2 - Repealed.

History:
Laws 1987, ch. 25, § 2; recompiled as 1978 Comp., § 32A-14-2 by Laws 1993, ch. 77, § 215; repealed by Laws 2010, ch. 33, § 15.
ANNOTATIONS
Repeals.
— Laws 2010, ch. 33, § 15 repealed 32A-14-2 NMSA 1978, as enacted by Laws 1987, ch. 25, § 2, relating to the definitions of the Missing Child Reporting Act, effective May 19, 2010. For provisions of former section,
see
the 2009 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 14 - Missing Child Reporting (Repealed.) › Section 32A-14-3 - Repealed.

History:
Laws 1987, ch. 25, § 3; recompiled as 1978 Comp., § 32A-14-3 by Laws 1993, ch. 77, § 215; 2001, ch. 187, § 1; repealed by Laws 2010, ch. 33, § 15.
ANNOTATIONS
Repeals.
— Laws 2010, ch. 33, § 15 repealed 32A-14-3 NMSA 1978, as enacted by Laws 1987, ch. 25, § 3, relating to missing child reports, law enforcement agencies and duties, effective May 19, 2010. For provisions of former section,
see
the 2009 NMSA 1978 on
NMOneSource.com.
For present comparable provisions,
see
29-15-7.1 NMSA 1978.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 14 - Missing Child Reporting (Repealed.) › Section 32A-14-4 - Repealed.

History:
Laws 1987, ch. 25, § 4; recompiled as 1978 Comp., § 32A-14-4 by Laws 1993, ch. 77, § 215; repealed by Laws 2010, ch. 33, § 15.
ANNOTATIONS
Repeals.
— Laws 2010, ch. 33, § 15 repealed 32A-14-4 NMSA 1978, as enacted by Laws 1987, ch. 25, § 4, relating to birth records of missing children and the state registrar's duties, effective May 19, 2010. For provisions of former section,
see
the 2009 NMSA 1978 on
NMOneSource.com.
For present comparable provisions,
see
29-15-7.2 NMSA 1978.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 15 - Children's and Juvenile Facility Criminal Records Screening › Section 32A-15-1 - Short title.

Chapter 32A, Article 15 NMSA 1978 may be cited as the "New Mexico Children's and Juvenile Facility and Program Criminal Records Screening Act".
History:
Laws 1985, ch. 103, § 1 and Laws 1985, ch. 140, § 1; 1978 Comp., § 24-18-1, recompiled as 1978 Comp., § 32-9-1; recompiled as 1978 Comp., § 32A-15-1 by Laws 1993, ch. 77, § 216; 2003, ch. 261, § 1; 2005, ch. 189, § 74.
ANNOTATIONS
The 2005 amendment,
effective June 17, 2005, changed the name of the act to the New Mexico Children's and Juvenile Facility and Program Criminal Records Screening Act.
The 2003 amendment,
effective July 1, 2003, substituted "Chapter 32A, Article 15 NMSA 1978" for "This act" at the beginning of the section.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 15 - Children's and Juvenile Facility Criminal Records Screening › Section 32A-15-2 - Purpose.

The purpose of the New Mexico Children's and Juvenile Facility and Program Criminal Records Screening Act is to comply with the provisions of Public Law 98-473 and Public Law 108-36 and to protect the safety and welfare of children.
History:
Laws 1985, ch. 103, § 2 and Laws 1985, ch. 140, § 2; 1978 Comp., § 24-18-2, recompiled as 1978 Comp., § 32-9-2; recompiled as 1978 Comp., § 32A-15-2 by Laws 1993, ch. 77, § 216; 2005, ch. 189, § 75.
ANNOTATIONS
Cross references.
— For Public Law 98-473, which refers to the Continuing Appropriations, 1985 - Comprehensive Crime Control Act of 1984,
see
98 Stat. 1837.
The 2005 amendment,
effective June 17, 2005, changed the name of the act. added the reference to Public Law 108-36 and added the purpose to protect the safety and welfare of children.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 15 - Children's and Juvenile Facility Criminal Records Screening › Section 32A-15-4 - Procedures.

By December 31, 1993, procedures shall be established by regulation to provide for employment history and background checks for all present and prospective personnel identified in Section 32-9-3 [32A-15-3] NMSA 1978:
A. by the secretary of children, youth and families for child care facilities and juvenile detention and correction facilities; and
B. by the secretary of health for health and treatment facilities.
History:
Laws 1985, ch. 103, § 4 and Laws 1985, ch. 140, § 4; 1978 Comp., § 24-18-4, recompiled as 1978 Comp., § 32-9-4; recompiled as 1978 Comp., § 32A-15-4 by Laws 1993, ch. 77, § 216; 1993, ch. 263, § 1.
ANNOTATIONS
Laws 1985, ch. 103, § 4 and Laws 1985, ch. 140, § 4,
enacted identical sections.
The 1993 amendment,
effective July 1, 1993, substituted "December 31, 1993" for "September 9, 1985" at the beginning and "Section 32-9-3 NMSA 1978" for "Section 3 of the New Mexico Children's and Juvenile Facility Criminal Records Screening Act" at the end of the introductory language; rewrote Subsection A, which read "by the secretary of human services for child care facilities"; deleted "and environment" following "health" in Subsection B; and deleted former Subsection C, which read "by the secretary of corrections for juvenile detention and correction facilities."
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 16 - Child Development (Repealed.) › Section 32A-16-1 - Repealed.

History:
Laws 1989, ch. 290, § 1; 1992, ch. 57, § 44; recompiled as 1978 Comp., § 32A-16-1 by Laws 1993, ch. 77, § 217; repealed by Laws 2012, ch. 14, § 2.
ANNOTATIONS
Repeals.
— Laws 2012, ch. 14, § 2 repealed 32A-16-1 NMSA 1978, as enacted by Laws 1989, ch. 290, § 1, relating to the office of child development, effective May 16, 2012. For provisions of former section,
see
the 2011 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 16 - Child Development (Repealed.) › Section 32A-16-2 - Repealed.

History:
Laws 1989, ch. 290, § 2; 1991, ch. 167, § 1; 1992, ch. 57, § 45; recompiled as 1978 Comp., § 32A-16-2 by Laws 1993, ch. 77, § 217; repealed by Laws 2012, ch. 14, § 2.
ANNOTATIONS
Repeals.
— Laws 2012, ch. 14, § 2 repealed 32A-16-2 NMSA 1978, as enacted by Laws 1989, ch. 290, § 2, relating to the director and duties of the office of child development, effective May 16, 2012. For provisions of former section,
see
the 2011 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 16 - Child Development (Repealed.) › Section 32A-16-3 - Repealed.

History:
Laws 1989, ch. 290, § 3; recompiled as 1978 Comp., § 32A-16-3 by Laws 1993, ch. 77, § 217; repealed by Laws 2012, ch. 14, § 2.
ANNOTATIONS
Repeals.
— Laws 2012, ch. 14, § 2 repealed 32A-16-3 NMSA 1978, as enacted by Laws 1989, ch. 290, § 3, relating to the child development board, effective May 16, 2012. For provisions of former section,
see
the 2011 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 16 - Child Development (Repealed.) › Section 32A-16-4 - Repealed.

History:
Laws 1989, ch. 290, § 4; 1991, ch. 167, § 2; 1992, ch. 57, § 46; recompiled as 1978 Comp., § 32A-16-4 by Laws 1993, ch. 77, § 217; 2007, ch. 46, § 41; repealed by Laws 2012, ch. 14, § 2.
ANNOTATIONS
Repeals.
— Laws 2012, ch. 14, § 2 repealed 32A-16-4 NMSA 1978, as enacted by Laws 1989, ch. 290, § 4, relating to child development board duties, effective May 16, 2012. For provisions of former section,
see
the 2011 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 17 - Family Support › Section 32A-17-1 - Short title.

Chapter 32A, Article 17 NMSA 1978 may be cited as the "Family Support Act".
History:
1978 Comp., § 32A-17-1, enacted by Laws 1993, ch. 77, § 218; 2005, ch. 68, § 5.
ANNOTATIONS
Compiler's notes.
— Sections 32A-17-1 to 32A-17-6 NMSA 1978 were originally enacted as 32-17-1 to 32-17-6 NMSA 1978 by Laws 1993, ch. 77, §§ 218 to 223, and were subsequently recompiled at this location in 1993 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 retained whenever possible. The short title of the Family Preservation Act was changed in 2005 to the Family Support Act. A new Family Preservation Act was enacted by Laws 2005, ch. 68 and compiled as Sections 40-15-1 through 40-15-4 NMSA 1978.
The 2005 amendment,
effective June 17, 2005, changed the name of the act.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 17 - Family Support › Section 32A-17-2 - Definition.

As used in the Family Support Act, "family support services" means short-term, intensive services, provided to a family whose child may reasonably be expected to face out-of-home placement, that are designed to teach a family new skills to help the family remain intact and able to care for the child at home.
History:
1978 Comp., § 32A-17-2, enacted by Laws 1993, ch. 77, § 219; 2005, ch. 68, § 6.
ANNOTATIONS
The 2005 amendment,
effective June 17, 2005, changed the name of the act and changes the defined term to "family support services".
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 17 - Family Support › Section 32A-17-3 - Eligibility.

Family support services may be provided, considering available resources, to a family whose child is at risk for placement as:
A. an abused child;
B. a neglected child;
C. a child of a family in need of services;
D. an emotionally disturbed child; or
E. a delinquent child.
History:
1978 Comp., § 32A-17-3, enacted by Laws 1993, ch. 77, § 220; 2005, ch. 68, § 7.
ANNOTATIONS
The 2005 amendment,
effective June 17, 2005, changed "family preservation services" to "family support services".
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 17 - Family Support › Section 32A-17-4 - Service delivery.

A. The department shall coordinate and implement the provision of family support services. The public education department shall assist the department by identifying children in public schools who are at risk for the purpose of making family support services available to the families of those children. The department shall ensure the statewide quality of family support services by:
(1) providing standards and policies for family support services that are family-centered and that identify family strengths;
(2) monitoring the provision of family support services to ensure that the services satisfy standards established by the department;
(3) providing training for persons who provide family support services; and
(4) establishing a standardized intake process for the purpose of rapidly assessing the needs of a child and family referred for family support services.
B. A person who works in a family support services program shall:
(1) provide family support services in the family's home or any other natural setting;
(2) provide direct crisis intervention and therapeutic services, to be available twenty-four hours per day, seven days a week, as needed for each family;
(3) assist with the solution of practical problems that contribute to family stress, so as to affect improved parental performance and enhanced functioning of the family unit; and
(4) arrange for additional assistance, to the extent of available resources, for the family, including housing, child care, education and training, emergency cash grants, state and federally funded public assistance or any other basic support or social service appropriate for the family.
History:
1978 Comp., § 32A-17-4, enacted by Laws 1993, ch. 77, § 221; 2005, ch. 68, § 8.
ANNOTATIONS
The 2005 amendment,
effective June 17, 2005, changed "family preservation services" to "family support services".
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 17 - Family Support › Section 32A-17-5 - Qualifications.

A person who provides family support services shall have appropriate training, experience, supervision and continuing education to carry out the person's duties.
History:
1978 Comp., § 32A-17-5, enacted by Laws 1993, ch. 77, § 222; 2005, ch. 68, § 9.
ANNOTATIONS
The 2005 amendment,
effective June 17, 2005, change "family preservation services" to "family support services".
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 17 - Family Support › Section 32A-17-6 - Evaluation.

The secretary of the department shall conduct an annual evaluation of family support services, and the data collected during the evaluation shall be compiled in a manner that promotes comparison with data collected from similar programs in other states.
History:
1978 Comp., § 32A-17-6, enacted by Laws 1993, ch. 77, § 223; 2005, ch. 68, § 10.
ANNOTATIONS
The 2005 amendment,
effective June 17, 2005, changed "family preservation services" to "family support services".
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 18 - Training for Cultural Recognition › Section 32A-18-1 - Cultural recognition.

A. A person who serves as a judge, prosecutor, child's attorney, guardian ad litem, treatment guardian, court appointed attorney, court appointed special advocate, foster parent, mental health commissioner or mental health treatment service provider for a child subject to an abuse or neglect petition, a family in need of services petition or a mental health placement shall receive periodic training, to the extent of available resources, to develop his knowledge about children, the physical and psychological formation of children and the impact of ethnicity on a child's needs. Institutions that serve children and their families shall, considering available resources, provide similar training to institutional staff.
B. The training shall include study of:
(1) cross-cultural dynamics and sensitivity;
(2) child development;
(3) family composition and dynamics;
(4) parenting skills and practices;
(5) culturally appropriate treatment plans; and
(6) alternative health practices.
History:
1978 Comp., § 32A-18-1, enacted by Laws 1993, ch. 77, § 224; 1995, ch. 206, § 45; 1999, ch. 254, § 4; 2009, ch. 239, § 66.
ANNOTATIONS
The 2009 amendment,
effective July 1, 2009, in Subsection A, after "prosecutor", added "child's attorney".
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 1999 amendment,
effective July 1, 1999, deleted "resource consultant" following "ad litem" in Subsection A.
The 1995 amendment,
effective July 1, 1995, inserted "resource consultant" following "guardian ad litem" in Subsection A.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 18 - Training for Cultural Recognition › Section 32A-18-2 - Coordination of training.

The department shall coordinate the training required pursuant to the provisions of Section 32-18-1 [32A-18-1] NMSA 1978.
History:
1978 Comp., § 32A-18-2, enacted by Laws 1993, ch. 77, § 225.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 18 - Training for Cultural Recognition › Section 32A-18-3 - Delinquency proceeding; training required for person who represents a child.

A person who represents a child during a delinquency proceeding shall participate in the training required pursuant to the provisions of Section 32-18-1 [32A-18-1] NMSA 1978.
History:
1978 Comp., § 32A-18-3, enacted by Laws 1993, ch. 77, § 226.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 18 - Training for Cultural Recognition › Section 32A-18-4 - Cultural awareness; culturally appropriate placements.

A. An Indian child placed in foster care, preadoptive placement, adoptive placement or a secure facility shall be allowed to maintain the child's cultural ties and shall be permitted to participate in activities that strengthen cultural awareness.
B. An Indian child placed in a secure facility shall be permitted to participate in activities that strengthen cultural awareness. A representative of the child's culture shall be allowed access to the secure facility to provide activities that strengthen cultural awareness; provided that the activities are restricted to the premises of the secure facility.
C. Upon determining that a placement out of the home is medically necessary for an Indian child, the interagency behavioral health purchasing collaborative and its contractors shall make reasonable efforts to place the child with a licensed residential treatment center, group home or treatment foster care home that provides culturally competent care and access to appropriate cultural practices, including traditional treatment, as determined in consultation with the child's tribe.
History:
1978 Comp., § 32A-18-4, enacted by Laws 1993, ch. 77, § 227; 2005, ch. 188, § 1.
ANNOTATIONS
The 2005 amendment,
effective June 17, 2005, added Subsection C to require that the interagency behavioral health purchasing collaborative and its contractors make a reasonable effort to place an Indian child with a center or home that provides culturally competent care and access to appropriate cultural practices, including traditional treatment, as determined in consultation with the child's tribe.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 19 - Quality Assurance Office › Section 32A-19-1 - Quality assurance office.

A. The department shall maintain a quality assurance office under the office of the secretary [secretary of the children youth and families department].
B. The purpose of the quality assurance office shall be to facilitate department efforts to efficiently implement the purposes of the Children's Code.
C. In order to measure the quality of services provided, to facilitate satisfactory outcomes for children and families that receive services and to provide a continuing opportunity to improve service delivery, the quality assurance office shall:
(1) monitor the system for receiving and resolving complaints and grievances;
(2) perform periodic investigations and evaluations to assure compliance with the Children's Code and other applicable state and federal laws and regulations;
(3) facilitate monitoring of indicators of the department's performance to determine whether the department is:
(a) providing children and families with individualized, needs-based service plans;
(b) providing services in a timely manner; and
(c) in compliance with applicable state and federal laws and regulations;
(4) identify any deficiencies and recommend corrective action to the secretary of the department;
(5) have access to any records maintained by the department, including confidential information; and
(6) promote continuous improvement of all department processes serving children and families.
D. The quality assurance office shall contribute to and facilitate the publication of public reports assessing the performance of the department. The reports shall not disclose the identity of any individual mentioned in the report, including children or families that receive or are eligible for services or any department employee.
History:
1978 Comp., § 32A-19-1, enacted by Laws 1993, ch. 77, § 228; 1997, ch. 34, § 15.
ANNOTATIONS
Bracketed material.
— The bracketed material in Subsection A was inserted by the compiler since "secretary" is not a defined term in this article; the bracketed material is not a part of the law.
The 1997 amendment,
effective July 1, 1997, deleted "By August 1, 1993" from the beginning of Subsection A; substituted "implement" for "achieve" in Subsection B; in Subsection C, substituted "monitor the system" for "establish an accessible system" in Paragraph (1), substituted "facilitate monitoring of" for "monitor" in Paragraph (3), and added Paragraph (6); substituted "contribute to and facilitate the publication of" for "annually produce" in the first sentence of Subsection D; and made minor stylistic changes throughout the section.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 20 - Uniform Case Numbering › Section 32A-20-1 - Uniform case numbering system.

A. As used in this section, "uniform case numbering system" means a system of referring to cases of alleged child abuse or neglect, including child sexual abuse, to allow only one numerical designation to be assigned to each case of child abuse or neglect. The uniform case numbering system shall provide for uniform reference to each case by all state agencies and organizations supported by state funds.
B. In any investigation, intervention or disposition of a case involving child abuse or neglect, including child sexual abuse, a uniform case number shall be assigned to the investigation and shall be maintained and referred to by all persons or agencies having occasion to become involved in any way in the investigation, intervention or disposition of the case.
C. A uniform case numbering system shall be devised, proposed and, after opportunity for public input, adopted by:
(1) the department;
(2) the secretary of public safety or his designee;
(3) the secretary of the department or his designee;
(4) the secretary of health or his designee;
(5) the superintendent of public instruction or his designee;
(6) the chief justice of the supreme court or his designee; and
(7) a representative of the elected or appointed district attorneys.
D. The data collected in connection with the uniform case numbering system shall be limited to the names of the alleged offender and alleged victim, the date of the alleged occurrence and a unique case number which encodes the county of the alleged offense, the type of alleged offense and the case disposition, if known. The names of the alleged offender and alleged victim shall be purged as soon as the uniform case number is disseminated to all agencies involved in investigation and rehabilitative service provision in that case, or within six months of the date the uniform case number is assigned, whichever is first.
History:
1978 Comp., § 32A-20-1, enacted by Laws 1993, ch. 77, § 229.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 21 - Emancipation of Minors › Section 32A-21-1 - Short title.

Sections 47 through 53 [32A-21-1 to 32A-21-7 NMSA 1978] of this act may be cited as the "Emancipation of Minors Act".
History:
Laws 1995, ch. 206, § 47.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 21 - Emancipation of Minors › Section 32A-21-2 - Legislative findings and purpose.

It is the purpose of the Emancipation of Minors Act to provide a clear statement defining emancipation and its consequences and to permit an emancipated minor to obtain a court declaration of his status.
History:
Laws 1995, ch. 206, § 48.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 21 - Emancipation of Minors › Section 32A-21-3 - Emancipated minors; description.

An emancipated minor is any person sixteen years of age or older who:
A. has entered into a valid marriage, whether or not the marriage was terminated by dissolution;
B. is on active duty with any of the armed forces of the United States of America; or
C. has received a declaration of emancipation pursuant to the Emancipation of Minors Act.
History:
Laws 1995, ch. 206, § 49.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 21 - Emancipation of Minors › Section 32A-21-4 - Emancipation by declaration.

Any person sixteen years of age or older may be declared an emancipated minor for one or more of the purposes enumerated in the Emancipation of Minors Act if he is willingly living separate and apart from his parents, guardian or custodian, is managing his own financial affairs and the court finds it in the minor's best interest.
History:
Laws 1995, ch. 206, § 50.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 21 - Emancipation of Minors › Section 32A-21-5 - Over the age of majority; purposes.

An emancipated minor shall be considered as being over the age of majority for one or more of the following purposes:
A. consenting to medical, dental or psychiatric care without parental consent, knowledge or liability;
B. his capacity to enter into a binding contract;
C. his capacity to sue and be sued in his own name;
D. his right to support by his parents;
E. the rights of his parents to his earnings and to control him;
F. establishing his own residence;
G. buying or selling real property;
H. ending all vicarious liability of the minor's parents, guardian or custodian for the minor's torts; provided that nothing in this section shall affect any liability of a parent, guardian, custodian, spouse or employer of a minor imposed by the Motor Vehicle Code [Chapter 66, Articles 1 through 8 NMSA 1978] or any vicarious liability that arises from an agency relationship; or
I. enrolling in any school or college.
History:
Laws 1995, ch. 206, § 51.
ANNOTATIONS
Cross references.
— For consent to medical care by emancipated minors,
see
24-10-1 NMSA 1978.
Partial emancipation.
— The district court may emancipate a minor for some, rather than all of the enumerated purposes, and reserve the minor's rights with respect to other purposes, including the right to financial support from a parent.
Diamond v. Diamond
, 2012-NMSC-022, 283 P.3d 260,
rev'g
2011-NMCA-002, 149 N.M. 133, 245 P.3d 578.
Emancipation reserving right to support from parents.
— Where the district court issued a declaration of emancipation declaring the minor "an emancipated minor in all respects, except that [the minor] shall retain the right to support" from the minor's parent; and the minor petitioned the district court to order the minor's parent to pay retroactive and prospective child support to the minor, the district court's reservation of the minor's right to seek child support and the award of child support was consistent with the Emancipation of Minors Act.
Diamond v. Diamond
, 2012-NMSC-022, 283 P.3d 260,
rev'g
2011-NMCA-002, 149 N.M. 133, 245 P.3d 578.
List of benefits and consequences of emancipation.
— Section 32A-21-15 NMSA 1978 lists the types of benefits and consequences of emancipation under various circumstances, but does not authorize a partial emancipation.
Diamond v. Diamond
, 2011-NMCA-002, 149 N.M. 133, 245 P.3d 578,
rev'd
, 2012-NMSC-022, 283 P.3d 260.
Post-emancipation child support.
— New Mexico law does not permit a minor emancipated pursuant to the Emancipation of Minors Act to collect child support payments for the period after emancipation and continuing until the emancipated minor reaches the age of eighteen.
Diamond v. Diamond
, 2011-NMCA-002, 149 N.M. 133, 245 P.3d 578,
rev'd
, 2012-NMSC-022, 283 P.3d 260.
2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 21 - Emancipation of Minors › Section 32A-21-6 - Public entitlement of emancipated minors.

A declared emancipated minor shall not be denied benefits from any public entitlement program to which he may have been entitled in his own right prior to the declaration of emancipation.
History:
Laws 1995, ch. 206, § 52.