Chapter 32A — Chapter 32A

A. The social services division of the human services department [health care authority department] may make payments to adoptive parents or to medical vendors on behalf of a child placed for adoption by the division or by an agency when the division determines that: (1) the chil…

A. The department shall promulgate all necessary regulations for the administration of the program of subsidized adoptions or placement with permanent guardians. B. Subsidy payments may include payments to vendors for medical and surgical expenses and payments to the adoptive par…

A. Whenever a child is born as a result of assisted reproduction and a person or persons who did not give birth is a parent or parents and seeks to confirm parentage through an adoption of the child, the court shall permit the parent to file a petition for adoption in accordance …

A. In any adoptive placement of an Indian child under state law, preference shall be given, in the absence of good cause to the contrary, to a placement with: (1) a member of the Indian child's extended family; (2) other members of the child's Indian tribe; or (3) other Indian fa…

A. The department may adopt and promulgate necessary rules and forms for the administration of the Adoption Act, including rules for the assessment of fees. The rules shall not conflict with the provisions of the Adoption Act. B. The department has the authority to provide or req…

A. The clerk of the court shall file pleadings captioned pursuant to the provisions of Section 32A-5-9 NMSA 1978. The clerk of the court shall not file incorrectly captioned pleadings. B. The clerk of the court shall mail a copy of the request for placement to the department with…

A. Unless the petitioner agrees to be contacted or agrees to the release of the petitioner's identity to the parent and the parent agrees to be contacted or agrees to the release of the parent's identity to the petitioner, the attorneys, the court, the agency and the department s…

The caption for adoption proceedings shall be styled "In the Matter of the Adoption Petition of (Petitioner's Name)". History: 1978 Comp., § 32A-5-9, enacted by Laws 1993, ch. 77, § 136.

History: Laws 1995, ch. 207, § 1; repealed by Laws 2007, ch. 162, § 31.

History: Laws 1995, ch. 207, § 10; repealed by Laws 2007, ch. 162, § 31.

ANNOTATIONS Repeals. — Laws 1999, ch. 254, § 5 repealed 32A-6-10.1 NMSA 1978, as enacted by Laws 1995, ch. 207, § 11, relating to resource consultants for children placed in residential treatment or habilitation programs, effective July 1, 1999. For provisions of former section, …

History: Laws 1995, ch. 207, § 12; repealed by Laws 2007, ch. 162, § 31.

History: Laws 1995, ch. 207, § 13; 1999, ch. 254, § 2; repealed by Laws 2007, ch. 162, § 31.

History: Laws 1995, ch. 207, § 14; 1999, ch. 254, § 3; repealed by Laws 2007, ch. 162, § 31.

History: Laws 1995, ch. 207, § 15; repealed by Laws 2007, ch. 162, § 31.

History: Laws 1995, ch. 207, § 16; repealed by Laws 2007, ch. 162, § 31.

History: Laws 1995, ch. 207, § 17; 1998, ch. 32, § 1; repealed by Laws 2007, ch. 162, § 31.

History: Laws 1995, ch. 207, § 18; repealed by Laws 2007, ch. 162, § 31.

History: Laws 1995, ch. 207, § 19; repealed by Laws 2007, ch. 162, § 31.

History: Laws 1995, ch. 207, § 20; repealed by Laws 2007, ch. 162, § 31.

History: Laws 1995, ch. 207, § 21; repealed by Laws 2007, ch. 162, § 31.

History: Laws 1995, ch. 207, § 2; 1999, ch. 254, § 1; 2007, ch. 46, § 40; repealed by Laws 2007, ch. 162, § 31.

History: Laws 1995, ch. 207, § 22; repealed by Laws 2007, ch. 162, § 31.

History: Laws 1995, ch. 207, § 23; repealed by Laws 2007, ch. 162, § 31.

History: Laws 1995, ch. 207, § 24; repealed by Laws 2007, ch. 162, § 31.

History: Laws 1995, ch. 207, § 3; repealed by Laws 2007, ch. 162, § 31.

History: Laws 1995, ch. 207, § 4; repealed by Laws 2007, ch. 162, § 31.

History: Laws 1995, ch. 207, § 5; repealed by Laws 2007, ch. 162, § 31.

History: Laws 1995, ch. 207, § 6; repealed by Laws 2007, ch. 162, § 31.

History: Laws 1995, ch. 207, § 7; repealed by Laws 2007, ch. 162, § 31.

History: Laws 1995, ch. 207, § 8; repealed by Laws 2007, ch. 162, § 31.

History: Laws 1995, ch. 207, § 9; repealed by Laws 2007, ch. 162, § 31.

This act [32A-6A-1 to 32A-6A-30 NMSA 1978] may be cited as the "Children's Mental Health and Developmental Disabilities Act". History: Laws 2007, ch. 162, § 1.

A. When providing any treatment or habilitation, physical restraint and seclusion shall not be used unless an emergency situation arises in which it is necessary to protect a child or another from imminent, serious physical harm or unless another less intrusive, nonphysical inter…

or seclusion. A mental health or developmental disabilities professional who administers restraint or seclusion shall receive training in current professionally accepted practices and standards regarding: A. positive behavior interventions strategies and supports; B. functional b…

habilitation program; scope. A. A child in an out-of-home treatment or habilitation program shall have, in addition to other rights set forth in the Children's Mental Health and Developmental Disabilities Act, the right to: (1) be placed in a manner consistent with the least rest…

A. A child shall be represented by an attorney at all commitment or treatment guardianship proceedings under the Children's Mental Health and Developmental Disabilities Act if the child is fourteen years of age or older or by a guardian ad litem if the child is under fourteen yea…

age. A. Except as provided in Subsection B of this section, the informed consent of a child's legal custodian shall be required before treatment or habilitation, including psychotherapy or psychotropic medications, is administered to a child under fourteen years of age. B. A chil…

older. A. A child fourteen years of age or older is presumed to have capacity to consent to treatment without consent of the child's legal custodian, including consent for individual psychotherapy, group psychotherapy, guidance counseling, case management, behavioral therapy, fam…

children fourteen years of age or older. A. When a child fourteen years of age or older has been determined according to the provisions of this section to lack capacity, the child's legal custodian may make a mental health or habilitation decision for the child unless the child o…

A. If no legal custodian is reasonably available to make mental health decisions for a child fourteen years of age or older who has been determined to lack capacity or if a clinician who proposes a course of treatment objects to a challenge made by the child to a determination of…

A. A child fourteen years of age or older who has capacity also has the right to direct the child's own treatment in the event of later incapacity. To do so, the child may give an individual instruction regarding the child's own treatment or habilitation. The individual instructi…

A. A peace officer may detain and transport a child for emergency mental health evaluation and care in the absence of a legally valid order from the court only if the peace officer: (1) has reasonable grounds to believe the child has just attempted suicide; (2) based upon persona…

The purposes of the Children's Mental Health and Developmental Disabilities Act are to: A. provide children with access to appropriate assessments, services and treatment; B. provide children access to a continuum of services to address their habilitation and treatment needs; C. …

habilitation program; children younger than fourteen years of age. A. A child younger than fourteen years of age shall not receive residential treatment for a mental disorder or habilitation for a developmental disability, except as provided in this section. B. A child younger th…

children fourteen years of age or older. A. A child fourteen years of age or older shall not receive treatment for mental disorders or habilitation for developmental disabilities on a voluntary residential basis, except as provided in this section. B. An admission of a child four…

A. A child may not receive treatment for mental disorders or habilitation for developmental disabilities on an involuntary residential basis except as provided in this section. B. A child afforded rights under the Children's Mental Health and Developmental Disabilities Act shall …

services. A. A person providing mental health and developmental disability services to a child and a treatment facility providing mental health and developmental disability services to a child shall not be liable if: (1) the child does not require detention, treatment or services…

A. Except as otherwise provided in the Children's Mental Health and Developmental Disabilities Act, a person shall not, without the authorization of the child, disclose or transmit any confidential information from which a person well-acquainted with the child might recognize the…

A court may conduct the proceedings required by the Children's Mental Health and Developmental Disabilities Act or may, by general or special order, appoint a special commissioner to do so. The special commissioner shall be a licensed attorney. Upon conclusion of the hearing, the…