Chapter 32A — Chapter 32A

A. On motion by or on behalf of an individual who has been the subject of a petition filed under the Children's Code, 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 c…

A. All records or information concerning a family in need of court-ordered services, including social records, diagnostic evaluation, psychiatric or psychological reports, videotapes, transcripts and audio recordings of a child's statement of abuse or medical reports, obtained as…

penalty. A. A child may be taken into protective custody by a law enforcement officer without a court order when the officer has reasonable grounds to believe that the child: (1) has run away from the child's parent, guardian or custodian; (2) without parental supervision is suff…

A. A law enforcement officer who takes a child into protective custody shall, with all reasonable speed: (1) inform the child of the reasons for the protective custody; and (2) contact the department. B. When the department is contacted by a law enforcement officer who has taken …

A. When the department takes a child into protective custody and the child is not released to the child's parent, guardian or custodian, the department shall provide written notice as soon as possible, and in no case later than twenty-four hours, to the child's parent, guardian o…

A. Unless a child from a family in need of services who has been placed in department custody is also alleged or adjudicated delinquent: (1) the child shall not be held in a jail or other facility intended or used for the incarceration of adults charged with criminal offenses or …

History: Laws 2005, ch. 189, § 37; repealed by Laws 2022, ch. 41, § 71.

A. When a child of an alleged family in need of court-ordered services is taken into protective custody by the department or the department petitions the court for protective custody of the child, a custody hearing shall be held within ten days from the date the petition is filed…

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. In proceedings on a petition alleging a family in need of court-ordered services, the court may appoint counsel if…

A. When a child's placement is changed, including a return to the child's home, written notice of the placement change shall be given to the parties and to the child's tribe if the child is an Indian child ten days prior to the placement change, unless an emergency situation requ…

Chapter 32A, Article 4 NMSA 1978 may be cited as the "Abuse and Neglect Act". History: 1978 Comp., § 32A-4-1, enacted by Laws 1993, ch. 77, § 95; 2016, ch. 54, § 1.

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. At the inception of an abuse or neglect proceeding, counsel shall be appointed for the parent, guardian or custodi…

A. At any stage of a proceeding under the Abuse and Neglect Act, the children's court attorney may apply for use immunity for a respondent for in-court testimony. The in-court testimony of an immunized respondent shall not be used against that respondent in a criminal prosecution…

A. At any stage of a proceeding under the Abuse and Neglect Act, the children's court attorney may apply to the court for a protective order restricting the release of immunized testimony, immunized verbal statements for the purpose of psychological evaluation or treatment, or re…

A. At any stage of a proceeding under the Abuse and Neglect Act, the court shall have the power and authority to issue orders to compel the appearance of witnesses, the giving of testimony and production of evidence by witnesses, including any party. Production of evidence includ…

A. When the child's placement is changed, including a return to the child's home, written notice of the factual grounds supporting the change in placement shall be sent to the child's guardian ad litem or attorney, all parties, the child's CASA, the child's foster parents and the…

A petition alleging neglect or abuse shall not be filed unless the children's court attorney has determined and endorsed upon the petition that the filing of the petition is in the best interests of the child. The children's court attorney shall, upon request of a person authoriz…

A. At the time a petition is filed or any time thereafter, the children's court or the district court may issue an ex-parte custody order upon a sworn written statement of facts showing probable cause exists to believe that the child is abused or neglected and that custody under …

In addition to the requirements set forth in Section 32-1-11 [32A-1-12] NMSA 1978, in abuse and neglect proceedings, the summons shall clearly state that the proceeding could ultimately result in termination of the respondents' parental rights. History: 1978 Comp., § 32A-4-17, en…

Within thirty days after a child is taken into custody by law enforcement, or when the department files a petition seeking legal custody of the child, whichever occurs first, the department shall exercise due diligence and make reasonable efforts to identify and provide notice to…

cause. A. When a child alleged to be neglected or abused has been placed in the legal custody of the department or the department has petitioned the court for temporary custody, a custody hearing shall be held within ten days from the date the petition is filed to determine if th…

A. The adjudicatory hearing in a neglect or abuse proceeding shall be commenced within sixty days after the date of service on the respondent. B. Prior to the adjudicatory hearing, all parties to the hearing shall attend a mandatory meeting and attempt to settle issues attendant …

As used in the Abuse and Neglect Act: A. "abandonment" includes instances when the parent, without justifiable cause: (1) left the child without provision for the child's identification for a period of fourteen days; or (2) left the child with others, including the other parent o…

matters; penalty. A. The proceedings shall be recorded by stenographic notes or by electronic, mechanical or other appropriate means. B. All abuse and neglect hearings shall be closed to the general public. C. Only the parties, their counsel, witnesses and other persons approved …

examinations; support services. A. Prior to holding a dispositional hearing, the court shall direct that a predisposition study and report be submitted in writing to the court by the department. B. The predisposition study required pursuant to Subsection A of this section shall c…

A. If not held in conjunction with the adjudicatory hearing, the dispositional hearing shall be commenced within thirty days after the conclusion of the adjudicatory hearing. At the conclusion of the dispositional hearing, the court shall make and include in the dispositional jud…

developmental disability in a proceeding under the Abuse and Neglect Act. A. If in a hearing, at any stage of a proceeding on a neglect or abuse petition, the evidence indicates that a child has a mental disorder or a developmental disability, the court shall adjudicate the issue…

proceeding under the Abuse and Neglect Act. A. Whenever the court adjudicates that a child is abused or neglected, the department shall determine the child's immigration status. At the first judicial review, the department shall report the child's immigration status to the court.…

termination or extension of court orders. A. A judgment vesting legal custody of a child in an agency shall remain in force for an indeterminate period not exceeding two years from the date entered. B. A judgment vesting legal custody of a child in an individual, other than the c…

A. The initial judicial review shall be held within sixty days of the disposition. At the initial judicial review, the parties shall demonstrate to the court efforts made to implement the treatment plan approved by the court in its dispositional order. The court shall determine t…

A. A permanency hearing shall be commenced within six months of the initial judicial review of a child's dispositional order or within twelve months of a child entering foster care pursuant to Subsection D [E] of this section, whichever occurs first. Prior to the initial permanen…

A. Prior to a child's reaching seventeen years of age, the department shall meet with the child, the child's attorney and others of the child's choosing, including biological family members, to develop a transition plan. The department shall assist the child in identifying and pl…

A. At the last review or permanency hearing held prior to the child's eighteenth birthday, the court shall review the transition plan and shall determine whether the department has made reasonable efforts to implement the requirements of Subsection B of this section. B. The court…

A. The court shall order the parent to pay the reasonable costs of support and maintenance of the child that the parent is financially able to pay if a child is adjudicated to be neglected or abused and the court orders the child placed with an agency or individual other than the…

A. At any stage of an abuse or neglect proceeding, a person described in this subsection may be permitted to intervene as a party with a motion for affirmative relief: (1) a foster parent with whom the child has resided for at least six months; (2) a relative within the fifth deg…

A. In proceedings to terminate parental rights, the court shall give primary consideration to the physical, mental and emotional welfare and needs of the child, including the likelihood of the child being adopted if parental rights are terminated. B. The court shall terminate par…

A. A motion to terminate parental rights may be filed at any stage of the abuse or neglect proceeding by a party to the proceeding. B. The motion for termination of parental rights shall set forth: (1) the date, place of birth and marital status of the child, if known; (2) the gr…

to investigate child abuse or neglect; penalty; notification of plan of safe care. A. Every person, including a licensed physician; a resident or an intern examining, attending or treating a child; a law enforcement officer; a judge presiding during a proceeding; a registered nur…

The court may order the department to pay attorney fees for the child's guardian ad litem or attorney if: A. the child is in the legal custody of the department; B. the child's guardian ad litem or the child, through the child's attorney: (1) requests in writing that the departme…

A. In proceedings for permanent guardianship, the court shall give primary consideration to the physical, mental and emotional welfare and needs of the child. Permanent guardianship vests in the guardian all rights and responsibilities of a parent, other than those rights and res…

A. A motion for permanent guardianship may be filed by any party. B. A motion for permanent guardianship shall set forth: (1) the date, place of birth and marital status of the child, if known; (2) the facts and circumstances supporting the grounds for permanent guardianship; (3)…

A. In investigations and proceedings alleging abuse or neglect, the department shall not disclose personal identifier information of the child or the child's parent, guardian or custodian, except as follows: (1) in the case of the fatality or near fatality of a child; (2) in case…

A. As used in this section: (1) "near fatality" means an act that, as certified by a physician, including the child's treating physician, placed a child in a serious or critical medical condition; and (2) "personal identifier information" means: (a) a person's name; (b) all but t…

website; annual report. A. The department shall create and maintain a public, easily accessible and searchable dashboard on the department's website. The confidentiality of personal identifier information shall be safeguarded consistent with federal and state law. The dashboard s…

All employees of the department shall be trained in their legal duties to protect the constitutional and statutory rights of children and families from the initial time of contact, during the investigation and throughout any treatment. History: Laws 2005, ch. 189, § 57.

A. In all matters involving children alleged by the state to be abused or neglected, including proceedings to terminate parental rights, the children's court shall appoint an educational decision maker in every case. B. The children's court shall appoint an educational decision m…

A. Reports alleging neglect or abuse shall be referred to the department, which shall conduct an investigation to determine the best interests of the child with regard to any action to be taken. The name and information regarding the person making the report shall not be disclose…

A. The department shall establish a multilevel response system to evaluate and provide services to a child or the family, relatives, caretakers or guardians of a child with respect to whom a report alleging neglect or abuse has been made. The multilevel response system may includ…

person; investigation of report. A. In any proceeding alleging neglect or abuse under the Children's Code resulting from a report required by Section 32A-4-3 NMSA 1978 or in any proceeding in which that report or any of its contents are sought to be introduced in evidence, the re…

A. A child may be held or taken into custody: (1) by a law enforcement officer when the officer has evidence giving rise to reasonable grounds to believe that the child is abused or neglected and that there is an immediate threat to the child's safety; provided that the law enfor…