Children's Shelter Care

NMSA 1978 ch. 32A, art. 9

in effect

NMSA 1978, § 32A-9-1 Short title

32A-9-1. Short title 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". 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.

NMSA 1978, § 32A-9-2 Legislative findings and purpose

32A-9-2. Legislative findings and purpose 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 criminal if they were committed by an adult; that these children would benefit from either immediate return to the family or placement in shelter-care homes or nonsecured shelter-care facilities; and that certain alleged delinquents will benefit from nonsecured placements and do not require secure detention. B. The purpose of the Children's Shelter Care Act is: (1) to provide funding for the establishment of shelter-care facilities or programs; and (2) to divert children out of the juvenile justice system and provide for their supervision and care in community-based shelter-care homes and facilities when the immediate return to the child's family is not feasible or when intervention programs alone are not sufficient for the care and treatment of the child. 1978 Comp., § 32-2A-2, enacted by Laws 1978, ch. 108, § 2; recompiled as 1978 Comp., § 32A-9-2 by Laws 1993, ch. 77, § 210.

NMSA 1978, § 32A-9-3 Definitions

32A-9-3. Definitions 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 supervision" means a child found by the children's court or family court division of the district court to: (1) have committed an offense applicable only to children or not classified as criminal; and (2) be in need of care or rehabilitation; D. "alleged delinquent child" means a child charged with an act that would be designated as a crime under the Criminal Code [30-1-1 NMSA 1978] if committed by an adult; E. "community-based shelter-care facility" means a physically nonrestrictive home or living facility to be used as a temporary living place for a child eligible under Section 32-2A-6 [32A-9-6] NMSA 1978, pending the return of such child to his family or his placement in a residential facility designed for long-term placement; F. "programs of supervision and care" includes programs, placements and services designed to serve as alternatives to the physical detention of alleged children in need of supervision, alleged delinquent children and children in need of supervision; and G. "department" means the children, youth and families department. 1978 Comp., § 32-2A-3, enacted by Laws 1978, ch. 108, § 3; 1983, ch. 180, § 1; 1992, ch. 57, § 34; recompiled as 1978 Comp., § 32A-9-3 by Laws 1993, ch. 77, § 210.

NMSA 1978, § 32A-9-4 Rules and regulations; promulgation

32A-9-4. Rules and regulations; promulgation The department shall promulgate necessary rules, regulations, standards and procedures to carry out the purposes of the Children's Shelter Care Act. 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.

NMSA 1978, § 32A-9-5 Community-based shelter-care facilities

32A-9-5. Community-based shelter-care facilities 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. 1978 Comp., § 32-2A-5, enacted by Laws 1978, ch. 108, § 5; recompiled as 1978 Comp., § 32A-9-5 by Laws 1993, ch. 77, § 210.

NMSA 1978, § 32A-9-6 Eligibility of child for placement

32A-9-6. Eligibility of child for placement 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 alleged delinquent child and there is no probable cause to believe that the child will injure others or himself, run away or be taken away so as to be unavailable for proceedings of the court or its officers. 1978 Comp., § 32-2A-6, enacted by Laws 1978, ch. 108, § 6; recompiled as 1978 Comp., § 32A-9-6 by Laws 1993, ch. 77, § 210.

NMSA 1978, § 32A-9-7 Report to the governor and the legislature

32A-9-7. Report to the governor and the legislature 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 supervision funded pursuant to the Children's Shelter Care Act; B. an accounting of expenditures; C. an analysis of the effectiveness of the community-based shelter-care facilities and programs of care and supervision funded pursuant to that act; and D. a description of procedures employed by the department in awarding grants, and auditing, monitoring and evaluating facilities and programs. 1978 Comp., § 32-2A-7, enacted by Laws 1978, ch. 108, § 7; recompiled as 1978 Comp., § 32A-9-7 by Laws 1993, ch. 77, § 210.

Source: New Mexico Compilation Commission (nmonesource.com)URL: https://nmonesource.com/nmos/nmsa-unanno/en/item/18532/index.doFetched: 10/20/2026