Chapter 32A — Chapter 32A

Chapter 32A NMSA 1978 may be cited as the "Children's Code". History: 1978 Comp., § 32A-1-1, enacted by Laws 1993, ch. 77, § 10; 1995, ch. 206, § 1.

A. A petition initiating proceedings pursuant to the provisions of Chapter 32 [32A], Article 2, 3B, 4 or 6 NMSA 1978 shall be signed by the children's court attorney. B. An affidavit for an ex-parte custody order may be signed by any person who has knowledge of the facts alleged …

A petition initiating proceedings pursuant to the provisions of Chapter 32A, Article 2, 3B, 4 or 6 NMSA 1978 shall be entitled, "In the Matter of ............, a child", and shall set forth with specificity: A. the facts necessary to invoke the jurisdiction of the court; B. if vi…

A. After a petition has been filed, summonses shall be issued and served pursuant to children's court rule. B. The summons shall require the persons to whom directed to appear personally before the court at the time fixed by the summons to answer the allegations of the petition. …

A. If a party to be served with a summons can be found within the state, the summons shall be served upon the party as provided by the Rules of Civil Procedure for the District Courts at least forty-eight hours before the hearing, except that for a child party to an action pursua…

History: 1978 Comp., § 32A-1-14, enacted by Laws 1993, ch. 77, § 23; 2005, ch. 189, § 8; 2019, ch. 125, § 1; repealed by Laws 2022, ch. 41, § 71.

A. If a child is taken into custody by the department, the department shall make active efforts to determine whether there is reason to know the child is an Indian child. B. At the beginning of every proceeding under the Children's Code [Chapter 32A NMSA 1978], the court shall ma…

In all cases begun pursuant to the provisions of the Children's Code, when a child is taken into custody, the child shall be released to the child's parent, guardian or custodian in accordance with the conditions and time limits set forth in the Children's Court Rules and Forms. …

A. A child subject to the provisions of the Children's Code is entitled to the same basic rights as an adult, except as otherwise provided in the Children's Code. B. A person afforded rights under the Children's Code shall be advised of those rights at that person's first appeara…

A. Any party may appeal from a judgment of the court to the court of appeals in the manner provided by law. The appeal shall be heard by the court of appeals upon the files, records and transcript of the evidence of the court. Absent an order of the appellate court, files and rec…

A. When it appears from the facts during the course of any proceeding under the Children's Code that some finding or remedy other than or in addition to those indicated by the petition or motion are appropriate, the court may, either on motion by the children's court attorney or …

A. The following expenses shall be a charge upon the funds of the court upon their certification by the court: (1) reasonable compensation for services and related expenses for counsel appointed by the court; (2) reasonable compensation for services and related expenses of a guar…

A. Chapter 32 [32A], Article 1 NMSA 1978 may be cited as the "Children's Code General Provisions Act". B. The provisions of the Children's Code General Provisions Act apply to Chapter 32 [32A] NMSA 1978: (1) unless the context otherwise requires; and (2) subject to additional def…

A. When the legal custody of a child or the placement and care responsibility of an eligible adult is vested in a public agency, under the provisions of the Children's Code, the public agency may transfer physical custody of the child or the eligible adult to an appropriate priva…

Whenever a law enforcement agency receives a report from a parent, guardian or custodian that a child over whom the parent, guardian or custodian has custody has, without permission, left the home or residence lawfully prescribed for the child and the parent, guardian or custodia…

services intervention; school enrollment; medical care. A. An individual's participation in the state's medical cannabis program established pursuant to the Lynn and Erin Compassionate Use Act [Chapter 26, Article 2B NMSA 1978] shall not in itself constitute grounds for: (1) inte…

The Children's Code shall be interpreted and construed to effectuate the following legislative purposes: A. first to provide for the care, protection and wholesome mental and physical development of children coming within the provisions of the Children's Code and then to preserve…

As used in the Children's Code: A. "active efforts" means efforts that are affirmative, active, thorough and timely and that represent a higher standard of conduct than reasonable efforts; B. "adult" means a person who is eighteen years of age or older; C. "child" means a person …

transfer. A. There is established in the district court for each county a division to be known as the children's court. The district court of each judicial district shall designate one or more district judges to sit as judge of the children's court. B. The supreme court shall ado…

A. The "office of children's court attorney" is established in each judicial district. Except as provided by Subsection C, D or E of this section, each district attorney is the ex-officio children's court attorney for the judicial district of the district attorney. B. Except as p…

A. A guardian ad litem shall zealously represent the child's best interests in the proceeding for which the guardian ad litem has been appointed and in any subsequent appeals. B. Unless excused by a court, a guardian ad litem appointed to represent a child's best interests shall …

A. An attorney shall represent a child in a proceeding for which the attorney has been retained or appointed. The attorney shall provide the same manner of legal representation and be bound by the same duties to the child as is due an adult client, in accordance with the rules of…

exception. A. The court has exclusive original jurisdiction of all proceedings under the Children's Code in which a person is eighteen years of age or older and was a child at the time the alleged act in question was committed or is a child alleged to be: (1) a delinquent child; …

A. Proceedings in the court under the provisions of the Children's Code shall begin in the county where the child resides, or in the case of an eligible adult pursuant to the Fostering Connections Act [Chapter 32A, Article 26 NMSA 1978], where the eligible adult resides. If delin…

Chapter 32A, Article 2 NMSA 1978 may be cited as the "Delinquency Act". History: 1978 Comp., § 32A-2-1, enacted by Laws 1993, ch. 77, § 30; 2007, ch. 19, § 1.

A. A person taking a child into custody shall, with all reasonable speed: (1) release the child to the child's parent, guardian or custodian or an adult authorized by the child's parent, guardian or custodian and issue verbal counsel or warning as may be appropriate; (2) release …

A. Unless ordered by the court pursuant to the provisions of the Delinquency Act, a child taken into custody for an alleged delinquent act shall not be placed in detention unless a detention risk assessment instrument is completed and a determination is made that the child: (1) p…

A. A child alleged to be a delinquent child may be placed or detained, pending a court hearing, in any of the following places: (1) a licensed foster home or a home otherwise authorized under the law to provide foster or group care; (2) a facility operated by a licensed child wel…

probable cause determination; court determination; disposition. A. When a child who has been taken into custody is not released but is detained: (1) a judicial determination of probable cause shall be made by a judge or special master or magistrate within forty-eight hours, inclu…

A. A child subject to the provisions of the Delinquency Act is entitled to the same basic rights as an adult, except as otherwise provided in the Children's Code, including rights provided by the Delinquency Act, except as otherwise provided in the Children's Code [32A-1-1 NMSA 1…

The adjudicatory hearing in a delinquency proceeding shall be held in accordance with the time limits set forth in the Children's Court Rules and Forms [10-101 NMRA]. History: 1978 Comp., § 32A-2-15, enacted by Laws 1993, ch. 77, § 44.

matters; penalty. A. Hearings on petitions shall be conducted by the court separate from other proceedings. A jury trial on the issues of alleged delinquent acts may be demanded by the child, parent, guardian, custodian or counsel in proceedings on petitions alleging delinquency …

A. After a petition has been filed and either a finding with respect to the allegations of the petition has been made or a notice of intent to admit the allegations of the petition has been filed, the court may direct that a predisposition study and report to the court be made in…

A. The court shall enter a judgment setting forth the court's findings and disposition in the proceeding. A judgment in proceedings on a petition under the Delinquency Act resulting in a juvenile disposition shall not be deemed a conviction of crime nor shall it impose any civil …

A. At the conclusion of the dispositional hearing, the court may make and include in the dispositional judgment its findings on the following: (1) the interaction and interrelationship of the child with the child's parents and siblings and any other person who may significantly a…

The purpose of the Delinquency Act is: A. consistent with the protection of the public interest, to remove from children committing delinquent acts the adult consequences of criminal behavior, but to still hold children committing delinquent acts accountable for their actions to …

A. The court has the discretion to invoke either an adult sentence or juvenile sanctions on a youthful offender. The children's court attorney shall file a notice of intent to invoke an adult sentence within ten working days of the filing of the petition; provided that the court …

developmental disability in a delinquency proceeding. A. If in a hearing at any stage of a proceeding on a delinquency petition the evidence indicates that the child has or may have a mental disorder or developmental disability, the court may: (1) order the child detained if appr…

consent decree; disposition. A. At any time after the filing of a delinquency petition and before the entry of a judgment, the court may, on motion of the children's court attorney or that of counsel for the child, suspend the proceedings and continue the child under supervision …

termination or extension of court orders. A. A judgment transferring legal custody of an adjudicated delinquent child to an agency responsible for the care and rehabilitation of delinquent children divests the court of jurisdiction at the time of transfer of custody, unless the t…

A. The department shall have exclusive jurisdiction and authority to release an adjudicated delinquent child during the term of the child's commitment, consistent with the provisions of the Victims of Crime Act [Chapter 31, Article 26 NMSA 1978]. In determining whether to release…

A. When the department determines that a child is ready to be released, it shall provide a list of children to the juvenile public safety advisory board at least thirty-five days prior to the next regularly scheduled release consideration meeting. The department shall ensure that…

A. A child on probation incident to an adjudication as a delinquent child who violates a term of the probation may be proceeded against in a probation revocation proceeding. A proceeding to revoke probation shall be begun by filing in the original proceeding a petition styled as …

A. A child on parole from an agency that has legal custody who violates a term of parole may be proceeded against in a parole revocation proceeding conducted by the department or the supervising agency or by a hearing officer contracted by the department who is neutral to the chi…

A. On motion by or on behalf of a person who has been the subject of a delinquency petition or on the court's own motion, the court shall vacate its findings, orders and judgments on the petition and order the legal and social files and records of the court, probation services, a…

and attorney fees; restitution. A. Any person may recover damages not to exceed four thousand dollars ($4,000) in a civil action in a court or tribunal of competent jurisdiction from the parent or guardian having custody and control of a child when the child has maliciously or wi…

A. In any complaint alleging delinquency, a parent of the child alleged to be delinquent may be made a party in the petition. If a parent is made a party and if a child is adjudicated a delinquent, the court may order the parent or parents to submit to counseling, participate in …

A. The municipal, magistrate or metropolitan court shall have original exclusive jurisdiction over all Motor Vehicle Code [Chapter 66, Articles 1 through 8 NMSA 1978] or municipal traffic code violations when the person alleged to have committed the violation is a child, with the…

As used in the Delinquency Act: A. "delinquent act" means an act committed by a child that would be designated as a crime under the law if committed by an adult, not including a violation of Section 30-9- 2 NMSA 1978, including the following offenses: (1) any of the following off…

A. The court shall use a standard adopted and information provided by the public defender department to determine indigency of children in proceedings on petitions alleging delinquency. B. The court shall use a fee schedule adopted by the public defender department when appointin…