New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 10 - CHILD PROTECTIVE SERVICES › Part 7 - PROTECTIVE SERVICES LEGAL › Section 8.10.7.11 - PROCEDURAL PRINCIPLES

Current through Register Vol. 35, No. 13, July 16, 2024
A. PSD
				shall comply with the provisions of the New Mexico Children's Code and the
				children's court rules.
B.
				Emergency custody given to PSD by law enforcement shall not be
				extended.
C. When protective
				supervision has been ordered, the child shall not be removed from their home
				absent emergency custody granted by law enforcement, or by an order of the
				court.
D. Legal custody includes
				the right to place a child. If PSD has legal custody, the court shall only
				order a specific placement when PSD has abused its discretion in the placement
				or proposed placement of a child.
E. Allegations of abuse or neglect shall be
				made for each individual named as a respondent in a petition. To perfect PSD's
				custody, both parents may be named as respondents. If there are no allegations
				as to one parent, then that parent may generally receive custody.
F. A father who does not have parental rights
				to the child, i.e. a constitutionally protected liberty interest, may be
				excluded from the petition.
G. A
				custodian may be named as a respondent.
H. If allegations of abuse or neglect are
				proven as to only one child, and PSD makes the decision that other siblings in
				the household are at risk and should be placed in PSD custody, then the
				children's court attorney utilizes New Mexico case law to seek custody of those
				at-risk children.
I. A hearing on
				custody pending an adjudicatory hearing shall be held within 10 working days of
				the filing of the petition. A judgment granting custody to PSD remains in force
				for an indeterminate period not to exceed two years. If custody is still
				required to protect the child, then PSD shall request an extension of custody
				prior to the expiration.
J. An
				adjudicatory hearing shall be held in regard to the abuse or neglect of each
				parent. The time frame shall run separately based on the respective dates of
				service on each parent.
K. Parties
				shall not extend the time frame for "commencing" the adjudicatory hearing by
				agreement. Parties may seek an extension by filing a petition with the
				children's court judge or the supreme court, as specified in Children's Court
				Rules 10-343 (Adjudicatory hearing; time limits; continuances).
L. Prior to the adjudicatory hearing and
				permanency hearing, PSD shall meet with the other parties and shall attempt to
				settle issues attendant to the hearing and proposed treatment plan that serves
				the child's best interest.
M. Cases
				in which the child is removed from the home:
(1) In the first court order that sanctions
				the removal of a child from the home, PSD shall seek a judicial determination
				that continuing in the home would be contrary to the child's welfare, or that
				placement would be in the best interest of the child.
(2) PSD shall seek to obtain, within 60 days
				from the date the child is removed, a judicial determination that reasonable
				efforts were made, or were not required, to prevent removal.
(3) If feasible, both judicial determinations
				shall be sought simultaneously.