Chapter 32A — Chapter 32A

When a child is to be placed in a residential treatment or habilitation program or to be returned to the program during placement, the court ordering the placement or authorizing the return of the child may direct the sheriff, the New Mexico state police or other appropriate pers…

A child who believes that rights established by the Children's Mental Health and Developmental Disabilities Act or by the constitution of the United States or the constitution of New Mexico have been violated shall have a right to petition the court for redress. The child shall b…

An indigent child may receive care and treatment at a state-operated facility without charge. The governing authorities of the facility may require payment for the cost of care and treatment from others pursuant to established fee schedules based on ability to pay. History: Laws …

orders. A. Notwithstanding the provisions of any other law to the contrary, an involuntary placement order for a child issued by a tribal court shall be recognized and enforced by the district court for the judicial district in which the tribal court is located. The involuntary p…

The provisions of the Children's Mental Health and Developmental Disabilities Act shall apply to all children in New Mexico except as otherwise set forth in the Children's Code. History: Laws 2007, ch. 162, § 3.

The department shall promulgate rules for the operation of out-of-home treatment and habilitation programs identified as psychiatric residential treatment facilities or non- medical community-based residential programs in keeping with the purposes of the Children's Mental Health …

As used in the Children's Mental Health and Developmental Disabilities Act: A. "aversive intervention" means any device or intervention, consequences or procedure intended to cause pain or unpleasant sensations, including interventions causing physical pain, tissue damage, physic…

The fact that a child has received treatment or habilitation services or has been accepted at or admitted to a hospital or institutional facility shall not constitute a sufficient basis for a finding of incompetence or the denial of a right or benefit of any nature that the child…

The rights set forth in the Children's Mental Health and Developmental Disabilities Act shall apply to a child who is physically present and receiving treatment or habilitation services in New Mexico. A child who receives treatment or habilitation services shall have rights with …

and plan. A. A child receiving mental health or habilitation services shall have the right to prompt treatment and habilitation pursuant to an individualized treatment plan and consistent with the least restrictive means principle. B. A preliminary treatment plan shall be prepare…

A. An intervention expressly listed in the "aversive intervention" definition in Section 4 [32A-6A-4 NMSA 1978] of the Children's Mental Health and Developmental Disabilities Act is prohibited. B. A treatment plan containing an aversive intervention not specifically listed in Sec…

A. Nothing in this section shall be interpreted to diminish the rights and protections accorded to children in hospitals or psychiatric residential treatment or habilitation facilities as provided by federal law and regulation. B. Restraint and seclusion as provided for in this s…

History: 1978 Comp., § 32A-7-1, enacted by Laws 1993, ch. 77, § 194; repealed by Laws 2009, ch. 239, § 70.

History: 1978 Comp., § 32A-7-2, enacted by Laws 1993, ch. 77, § 195; repealed by Laws 2009, ch. 239, § 70.

History: 1978 Comp., § 32A-7-3, enacted by Laws 1993, ch. 77, § 196; repealed by Laws 2009, ch. 239, § 70.

History: 1978 Comp., § 32A-7-4, enacted by Laws 1993, ch. 77, § 197; repealed by Laws 2009, ch. 239, § 70.

History: 1978 Comp., § 32A-7-5, enacted by Laws 1993, ch. 77, § 198; repealed by Laws 2009, ch. 239, § 70.

History: 1978 Comp., § 32A-7-6, enacted by Laws 1993, ch. 77, § 199; repealed by Laws 2009, ch. 239, § 70.

History: 1978 Comp., § 32A-7-7, enacted by Laws 1993, ch. 77, § 200; repealed by Laws 2009, ch. 239, § 70.

History: 1978 Comp., § 32A-7-8, enacted by Laws 1993, ch. 77, § 201; 2003, ch. 225, § 17; repealed by Laws 2009, ch. 239, § 70.

History: 1978 Comp., § 32A-7-9, enacted by Laws 1993, ch. 77, § 202; repealed by Laws 2009, ch. 239, § 70.

Chapter 32A, Article 7A NMSA 1978 may be cited as the "Juvenile Public Safety Advisory Board Act". History: 1978 Comp., § 32A-7A-1, as enacted by Laws 2009, ch. 239, § 58.

A. The "juvenile public safety advisory board" is created, consisting of no fewer than three and no more than seven members appointed by the governor. The board is administratively attached to the department. The terms of members of the board shall be six years. B. A director sha…

A member of the juvenile public safety advisory board may be removed by the governor as provided in Article 5, Section 5 of the constitution of New Mexico. Vacancies shall be filled by the governor for the remainder of the unexpired term. History: 1978 Comp., § 32A-7A-3, as enact…

Members of the juvenile public safety advisory board shall be persons qualified by education or professional training in such fields as criminology, education, health, psychology, psychiatry, law, social work or sociology for children and youth. The membership shall be reasonably…

A. The governor shall designate one member of the juvenile public safety advisory board to serve as chair. B. The chair may designate two members of the board to serve as regional vice chairs. C. An employee of the department shall not be designated to serve as chair or vice chai…

A. The juvenile public safety advisory board shall: (1) advise the department on release decisions, including the criteria to be used to grant release and participation in decisions to grant or deny release; (2) meet with the secretary of children, youth and families or the secre…

The members of the juvenile public safety advisory board shall receive per diem and mileage as provided for nonsalaried public officers in the Per Diem and Mileage Act [10- 8-1 to 10-8-8 NMSA 1978] and shall receive no other compensation, perquisite or allowance. History: 1978 Co…

The juvenile public safety advisory board shall have access at reasonable times to any adjudicated delinquent child and any records pertaining to the child for whom the department is considering release or who has requested release pursuant to procedures established by the depart…

Chapter 32A, Article 8 NMSA 1978 may be cited as the "Citizen Substitute Care Review Act". History: 1978 Comp., § 32A-8-1, enacted by Laws 1993, ch. 77, § 203; 2016, ch. 60, § 4.

The purpose of the Citizen Substitute Care Review Act is to provide a permanent system for independent and objective monitoring of children placed in the custody of the department by examining the policies, procedures and practices of the department and, where appropriate, specif…

History: 1978 Comp., § 32A-8-3, enacted by Laws 1993, ch. 77, § 205; repealed by Laws 2016, ch. 60, § 10.

compensation; responsibilities; advisory committee. A. The "substitute care advisory council" is created and, in accordance with the provisions of Section 9-1-7 NMSA 1978, is administratively attached to the regulation and licensing department. The general purpose of the council …

terms; training; compensation; meetings. A. The council shall establish no fewer than three substitute care review boards and, in each judicial district established pursuant to Section 34-6-1 NMSA 1978, no more than the following number of substitute care review boards: (1) two s…

When council rules designate the review of a case, a substitute care review board shall conduct the review in accordance with the provisions of the Children's Code and the Abuse and Neglect Act [Chapter 32A, Article 4 NMSA 1978] and council rules. The designated substitute care r…

On the effective date of this 2016 act: A. all functions, records, personnel, appropriations, money, furniture, property, equipment and supplies of the department of finance and administration relating to the Citizen Substitute Care Review Act shall be transferred to the council;…

Sections 1 through 7 [32A-9-1 to 32A-9-7 NMSA 1978] of this act may be cited as the "Children's Shelter Care Act". History: 1978 Comp., § 32-2A-1, enacted by Laws 1978, ch. 108, § 1; recompiled as 1978 Comp., § 32A-9-1 by Laws 1993, ch. 77, § 210.

A. The legislature finds and declares that appropriate and distinct programs of supervision and care for children are required to fulfill the purposes of the Children's Code; that many children are needlessly detained in secured facilities on charges for acts that would not be cr…

As used in the Children's Shelter Care Act: A. "child" means an individual who is less than eighteen years old; B. "alleged child in need of supervision" means a child who is charged with an offense applicable only to children or not classified as criminal; C. "child in need of s…

The department shall promulgate necessary rules, regulations, standards and procedures to carry out the purposes of the Children's Shelter Care Act. History: 1978 Comp., § 32-2A-4, enacted by Laws 1978, ch. 108, § 4; recompiled as 1978 Comp., § 32A-9-4 by Laws 1993, ch. 77, § 210…

The department shall establish and support community-based shelter-care facilities and programs of supervision and care, and shall support existing community-based shelter-care facilities and other programs of supervision and care. History: 1978 Comp., § 32-2A-5, enacted by Laws …

A child is eligible to be placed in a community-based shelter-care facility provided for under Section 5 [32A-9-5 NMSA 1978] of the Children's Shelter Care Act if: A. the child is an alleged child in need of supervision; a child in need of supervision; or B. the child is an alleg…

The department shall provide an annual report to the governor and the legislature concerning the projects and programs funded under the Children's Shelter Care Act. The report shall include: A. a description of the community-based shelter-care facilities and programs of care and …

History: 1953 Comp., § 13-16-1, enacted by Laws 1973, ch. 238, § 1; recompiled as 1978 Comp., § 32A-10-1 by Laws 1993, ch. 77, § 211; repealed by Laws 2003, ch. 48.

History: 1953 Comp., § 13-16-2, enacted by Laws 1973, ch. 238, § 2; recompiled as 1978 Comp., § 32A-10-2 by Laws 1993, ch. 77, § 211; repealed by Laws 2003, ch. 48.

History: 1953 Comp., § 13-16-3, enacted by Laws 1973, ch. 238, § 3; recompiled as 1978 Comp., § 32A-10-3 by Laws 1993, ch. 77, § 211; repealed by Laws 2003, ch. 48.

History: 1953 Comp., § 13-16-4, enacted by Laws 1973, ch. 238, § 4; 1988, ch. 101, § 28; 1992, ch. 57, § 35; recompiled as 1978 Comp., § 32A-10-4 by Laws 1993, ch. 77, § 211; repealed by Laws 2003, ch. 48.

History: 1953 Comp., § 13-16-5, enacted by Laws 1973, ch. 238, § 5; recompiled as 1978 Comp., § 32A-10-5 by Laws 1993, ch. 77, § 211; repealed by Laws 2003, ch. 48.

History: 1953 Comp., § 13-16-6, enacted by Laws 1973, ch. 238, § 6; 1988, ch. 101, § 29; 1992, ch. 57, § 36; recompiled as 1978 Comp., § 32A-10-6 by Laws 1993, ch. 77, § 211; repealed by Laws 2003, ch. 48.

History: 1953 Comp., § 13-16-7, enacted by Laws 1973, ch. 238, § 7; recompiled as 1978 Comp., § 32A-10-7 by Laws 1993, ch. 77, § 211; repealed by Laws 2003, ch. 48.