New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 10 - CHILD PROTECTIVE SERVICES › Part 7 - PROTECTIVE SERVICES LEGAL › Section 8.10.7.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
"Adjudication hearing"
is the hearing that occurs within 60 days
				of service on the respondents at which the court determines whether the child
				is abused or neglected.
B.
"Adjustment of status"
is the application or procedure to obtain
				lawful permanent residency.
C.
"Affidavit"
means a sworn statement of facts and accompanies the
				petition for an ex-parte order. It is signed by any person who either has
				personal knowledge of the facts or has been informed of them and believes them
				to be true.
D.
"Best interest
				of the child"
is the standard that reflects the protection of the child
				from abuse and neglect. In motions to terminate parental rights and for
				permanent guardianship cases, the term encompasses stability and permanency in
				placement.
E.
"Case planning
				issues"
include placement decisions, permanency planning goals and
				treatment recommendations.
F.
"Children's Code"
refers to the New Mexico Children's Code,
				Section
				32A-1-1, et. seq.,
				NMSA 1978.
G.
"Children's
				court attorneys"
are the attorneys who have been given the authority and
				the responsibility to represent protective services division (PSD) in child
				abuse and neglect and family in need of services proceedings.
H.
"Child's attorney"
is a
				trained attorney appointed by the court to represent the child who is fourteen
				(14) years of age or older; also referred to as "youth attorney."
I.
"Citizenship and immigration
				services (CIS)"
is the bureau within the department of homeland security
				responsible for processing immigrant related services and benefits, including
				special immigrant juvenile status (SIJS) and adjustment of status
				petitions.
J.
"Constitutionally protected liberty interest,"
in terms of the
				parent-child relationship, refers to the right of parents to the care, custody
				and nurture of their children; a parent's constitutionally protected liberty
				interest includes retaining custody of one's children and, thus, a state may
				not interfere with a parent's custodial rights absent due process
				protections.
K.
"Custodian"
refers to an adult with whom the child lives who is
				not a parent or guardian.
L.
"Custody hearing"
is the hearing at which the court determines if
				probable cause exists for the child to remain in PSD's custody pending
				adjudication.
M.
"Date child
				enters foster care"
means the earlier of 60 days from the date of
				removal of the child or the date of the adjudication of child abuse or
				neglect.
N.
"Disposition"
means the court hearing which establishes custody
				and where the court may adopt a treatment plan for the child and
				family.
O.
"Emergency
				custody"
exists when a child is removed from the parent's home based
				upon a determination by law enforcement that the child is in need of protective
				custody or based upon an ex parte custody order.
P.
"Ex parte custody order"
is
				an order issued by the court pursuant to an ex parte affidavit that grants
				emergency custody to PSD.
Q.
"Fictive kin"
means a person not related by birth, adoption or
				marriage with whom the child has an emotionally significant
				relationship.
Q.
"Foreign
				national"
or
"alien"
means a person who is not a United
				States citizen.
R.
"Guardian
				ad litem"
is a trained attorney appointed by the court to represent and
				protect the best interests of the child in a neglect and abuse proceeding when
				the child is less than 14 years old.
S.
"Immigration and customs enforcement
				(ICE)"
refers to the bureau within the department of homeland security
				that carries out investigation and enforcement functions. ICE has no authority
				over SIJS.
T.
"Indian
				child"
refers to an unmarried person who is
(1) under the age of 18 years old;
(2) a member of an Indian tribe or is
				eligible for membership in an Indian tribe; and
(3) the biological child of a member of an
				Indian tribe.