General Provisions

NMSA 1978 ch. 32A, art. 1

in effect

NMSA 1978, § 32A-1-1 Short title

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

NMSA 1978, § 32A-1-2 Short title; scope

32A-1-2. Short title; scope 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 definitions contained in Chapter 32 [32A], Articles 2 through 6 NMSA 1978. 1978 Comp., § 32A-1-2, enacted by Laws 1993, ch. 77, § 11.

NMSA 1978, § 32A-1-3 Purpose of act

32A-1-3. Purpose of act 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 the unity of the family whenever possible. A child's health and safety shall be the paramount concern. Permanent separation of a child from the child's family, however, would especially be considered when the child or another child of the parent has suffered permanent or severe injury or repeated abuse. It is the intent of the legislature that, to the maximum extent possible, children in New Mexico shall be reared as members of a family unit; B. to provide judicial and other procedures through which the provisions of the Children's Code are executed and enforced and in which the parties are assured a fair hearing and their constitutional and other legal rights are recognized and enforced; C. to provide a continuum of services for children and their families, from prevention to treatment, considering whenever possible prevention, diversion and early intervention, particularly in the schools; D. to provide children with services that are sensitive to their cultural needs; E. to reduce overrepresentation of minority children and families in the juvenile justice, family services and abuse and neglect systems through early intervention, linkages to community support services and the elimination of discrimination; F. to provide for the cooperation and coordination of the civil and criminal systems for investigation, intervention and disposition of cases, to minimize interagency conflicts and to enhance the coordinated response of all agencies to achieve the best interests of a child victim; and G. to provide continuity for children and families appearing before the children's court by assuring that, whenever possible, a single judge hears all successive cases or proceedings involving a child or family. 1978 Comp., § 32A-1-3, enacted by Laws 1993, ch. 77, § 12; 1999, ch. 77, § 1; 2009, ch. 239, § 6.

NMSA 1978, § 32A-1-4 Definitions

32A-1-4. Definitions 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 who is less than eighteen years old; D. "council" means the substitute care advisory council established pursuant to Section 32A-8-4 NMSA 1978; E. "court", when used without further qualification, means the children's court division of the district court and includes the judge, special master or commissioner appointed pursuant to the provisions of the Children's Code or supreme court rule; F. "court-appointed special advocate" means a person appointed pursuant to the provisions of the Children's Court Rules to assist the court in determining the best interests of the child by investigating the case and submitting a report to the court; G. "custodian" means an adult with whom the child lives who is not a parent or guardian of the child; H. "department" means the children, youth and families department, unless otherwise specified; I. "disproportionate minority contact" means the involvement of a racial or ethnic group with the criminal or juvenile justice system at a proportion either higher or lower than that group's proportion in the general population; J. "federal Indian Child Welfare Act of 1978" means the federal Indian Child Welfare Act of 1978, as that act may be amended or its sections renumbered; K. "foster parent" means a person, including a relative of the child, licensed or certified by the department or a child placement agency to provide care for children in the custody of the department or agency; L. "guardian" means a person appointed as a guardian by a court or Indian tribal authority; M. "guardian ad litem" means an attorney appointed by the children's court to represent and protect the best interests of the child in a case; provided that no party or employee or representative of a party to the case shall be appointed to serve as a guardian ad litem; N. "Indian" means, whether an adult or child, a person who is: (1) a member of an Indian tribe; or (2) eligible for membership in an Indian tribe; O. "Indian child" means an Indian person, or a person whom there is reason to know is an Indian person, under eighteen years of age, who is neither: (1) married; or (2) emancipated; P. "Indian child's tribe" means: (1) the Indian tribe in which an Indian child is a member or eligible for membership; or (2) in the case of an Indian child who is a member or eligible for membership in more than one tribe, the Indian tribe with which the Indian child has more significant contacts; Q. "Indian custodian" means an Indian who, pursuant to tribal law or custom or pursuant to state law: (1) is an adult with legal custody of an Indian child; or (2) has been transferred temporary physical care, custody and control by the parent of the Indian child; R. "Indian tribe" means an Indian nation, tribe, pueblo or other band, organized group or community of Indians recognized as eligible for the services provided to Indians by the secretary because of their status as Indians, including an Alaska native village as defined in 43 U.S.C. Section 1602(c) or a regional corporation as defined in 43 U.S.C. Section 1606. For the purposes of notification to and communication with a tribe as required in the Indian Family Protection Act [32A-28-1 to 32A-28-42 NMSA 1978], "Indian tribe" also includes those tribal officials and staff who are responsible for child welfare and social services matters; S. "judge", when used without further qualification, means the judge of the court; T. "legal custody" means a legal status created by order of the court or other court of competent jurisdiction or by operation of statute that vests in a person, department or agency the right to determine where and with whom a child shall live; the right and duty to protect, train and discipline the child and to provide the child with food, shelter, personal care, education and ordinary and emergency medical care; the right to consent to major medical, psychiatric, psychological and surgical treatment and to the administration of legally prescribed psychotropic medications pursuant to the Children's Mental Health and Developmental Disabilities Act [32A-6A-1 to 32A-6A-30 NMSA 1978]; and the right to consent to the child's enlistment in the armed forces of the United States; U. "member" or "membership" means a determination made by an Indian tribe that a person is a member of or eligible for membership in that Indian tribe; V. "parent" or "parents" means a biological or adoptive parent if the biological or adoptive parent has a constitutionally protected liberty interest in the care and custody of the child or a person who has lawfully adopted an Indian child pursuant to state law or tribal law or tribal custom; W. "permanency plan" means a determination by the court that the child's interest will be served best by: (1) reunification; (2) placement for adoption after the parents' rights have been relinquished or terminated or after a motion has been filed to terminate parental rights; (3) placement with a person who will be the child's permanent guardian; (4) placement in the legal custody of the department with the child placed in the home of a fit and willing relative; or (5) placement in the legal custody of the department under a planned permanent living arrangement; X. "person" means an individual or any other form of entity recognized by law; Y. "plan of safe care" means a written plan created by a health care professional intended to ensure the immediate and ongoing safety and well-being of a substance-exposed newborn or to provide perinatal support to a pregnant person with substance use disorder by addressing the treatment needs of the child and any of the child's parents, relatives, guardians, custodians or caretakers to the extent those treatment needs are relevant to the safety of the child; Z. "preadoptive parent" means a person with whom a child has been placed for adoption; AA. "protective supervision" means the right to visit the child in the home where the child is residing, inspect the home, transport the child to court-ordered diagnostic examinations and evaluations and obtain information and records concerning the child; BB. "relative" means a person related to another person: (1) by blood within the fifth degree of consanguinity or through marriage by the fifth degree of affinity; or (2) with respect to an Indian child, as established or defined by the Indian child's tribe's custom or law; CC. "reservation" means: (1) "Indian country" as defined in 18 U.S.C. Section 1151; (2) any lands to which the title is held by the United States in trust for the benefit of an Indian tribe or individual; or (3) any lands held by an Indian tribe or individual subject to a restriction by the United States against alienation; DD. "reunification" means either a return of the child to the parent or to the home from which the child was removed or a return to the noncustodial parent; EE. "secretary" means the United States secretary of the interior; FF. "tribal court" means a court with jurisdiction over child custody proceedings that is either a court of Indian offenses, a court established and operated under the law or custom of an Indian tribe or any other administrative body that is vested by an Indian tribe with authority over child custody proceedings; GG. "tribal court order" means a document issued by a tribal court that is signed by an appropriate authority, including a judge, governor or tribal council member, and that orders an action that is within the tribal court's jurisdiction; and HH. "tribunal" means any judicial forum other than the court. 1978 Comp., § 32A-1-4, enacted by Laws 1993, ch. 77, § 13; 1995, ch. 206, § 2; 1999, ch. 77, § 2; 2003, ch. 225, § 1; 2005, ch. 189, § 1; 2009, ch. 239, § 7; 2016, ch. 60, § 1; 2019, ch. 190, § 1; 2022, ch. 41, § 44; 2023, ch. 90, § 2; 2025, ch. 156, § 3.

NMSA 1978, § 32A-1-5 Children's court established as division of district court; transfer

32A-1-5. Children's court established as division of district court; 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 adopt rules of procedure not in conflict with the Children's Code governing proceedings in the children's court, including rules and procedures for juries. C. If, in a criminal action, it appears to a court other than the children's court division of the district court that jurisdiction is properly within the children's court division, the other court shall transfer the matter to the children's court division. Upon transfer, the children's court division obtains jurisdiction over the matter for proceedings in accordance with the provisions of the Children's Code. 1978 Comp., § 32A-1-5, enacted by Laws 1993, ch. 77, § 14.

NMSA 1978, § 32A-1-6 Children's court attorney

32A-1-6. Children's court attorney 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 provided by Subsection C, D or E of this section, the children's court attorney may represent the state in any matter arising under the Children's Code when the state is the petitioner or complainant. The children's court attorney shall represent the petitioner in matters arising under the Children's Code when, in the discretion of the judge, the matter presents legal complexities requiring representation by the children's court attorney, whether or not the state is petitioner or complainant, but not in those matters when there is a conflict of interest between the petitioner or complainant and the state. A petitioner or complainant may be represented by counsel in any matter arising under the Children's Code. C. In cases involving civil abuse or civil neglect and the periodic review of their dispositions, the attorney selected by and representing the department is the children's court attorney. The attorney selected by and representing the department shall provide the district attorney of the appropriate judicial district with a copy of any abuse or neglect petition filed in that judicial district. Upon the request of the district attorney, the attorney selected by and representing the department shall provide the district attorney with reports, investigations and pleadings relating to any abuse or neglect petition. D. In cases involving families in need of court-ordered services, the periodic review of their dispositions and voluntary placements, the attorney selected by and representing the department is the children's court attorney. The attorney selected by and representing the department shall provide the district attorney of the appropriate judicial district with a copy of any family in need of court-ordered services petition filed in that judicial district. Upon the request of the district attorney, the attorney selected by and representing the department shall provide the district attorney with reports, investigations and pleadings relating to any family in need of court-ordered services petition. E. In cases involving a child subject to the provisions of the Children's Mental Health and Developmental Disabilities Act [32A-6A-1 to 32A-6A-30 NMSA 1978] that also involves civil abuse, civil neglect or a family in need of court-ordered services, the attorney selected by and representing the department is the children's court attorney. In cases involving a child subject to the provisions of the Children's Mental Health and Developmental Disabilities Act that does not also involve civil abuse, civil neglect or a family in need of court-ordered services, the district attorney is the ex-officio children's court attorney. F. In those counties where the children's court attorney has sufficient staff and the workload requires it, the children's court attorney may delegate children's court functions to a staff attorney. 1978 Comp., § 32A-1-6, enacted by Laws 1993, ch. 77, § 15; 1995, ch. 206, § 3; 2005, ch. 189, § 2.

NMSA 1978, § 32A-1-7 Guardian ad litem; powers and duties

32A-1-7. Guardian ad litem; powers and duties 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 continue the representation in any subsequent appeals. C. Any party may petition the court for an order to remove a guardian ad litem on the grounds that the guardian ad litem has a conflict of interest or is unwilling or unable to zealously represent the child's best interests. D. After consultation with the child, a guardian ad litem shall convey the child's declared position to the court at every hearing. E. Unless a child's circumstances render the following duties and responsibilities unreasonable, a guardian ad litem shall: (1) meet with and interview the child prior to custody hearings, adjudicatory hearings, dispositional hearings, judicial reviews and any other hearings scheduled in accordance with the provisions of the Children's Code; (2) communicate with health care, mental health care and other professionals involved with the child's case; (3) review medical and psychological reports relating to the child and the respondents; (4) contact the child prior to any proposed change in the child's placement; (5) contact the child after changes in the child's placement; (6) attend local substitute care review board hearings concerning the child and if unable to attend the hearings, forward to the board a letter setting forth the child's status during the period since the last local substitute care review board review and include an assessment of the department's permanency and treatment plans; (7) report to the court on the child's adjustment to placement, the department's and respondent's compliance with prior court orders and treatment plans and the child's degree of participation during visitations; and (8) represent and protect the cultural needs of the child. F. A guardian ad litem may retain separate counsel to represent the child in a tort action on a contingency fee basis or any other cause of action in proceedings that are outside the jurisdiction of the children's court. When a guardian ad litem retains separate counsel to represent the child, the guardian ad litem shall provide the court with written notice within ten days of retaining the separate counsel. A guardian ad litem shall not retain or subsequently obtain any pecuniary interest in an action filed on behalf of the child outside of the jurisdiction of the children's court. G. In the event of a change of venue, the originating guardian ad litem shall remain on the case until a new guardian ad litem is appointed by the court in the new venue and the new guardian ad litem has communicated with and received all pertinent information from the former guardian ad litem. H. A guardian ad litem shall receive notices, pleadings or other documents required to be provided to or served upon a party. A guardian ad litem may file motions and other pleadings and take other actions consistent with the guardian ad litem's powers and duties. I. A guardian ad litem shall not serve concurrently as both the child's delinquency attorney and guardian ad litem. 1978 Comp., § 32A-1-7, enacted by Laws 1993, ch. 77, § 16; 1995, ch. 206, § 4; 2005, ch. 189, § 3.

NMSA 1978, § 32A-1-7.1 Child's attorney; powers and duties

32A-1-7.1. Child's attorney; powers and duties 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 professional conduct. B. Unless excused by a court, an attorney appointed to represent a child shall represent the child in any subsequent appeals. C. An attorney representing a child in a proceeding pursuant to the Abuse and Neglect Act [Chapter 32A, Article 4 NMSA 1978] may retain separate counsel to represent the child in a tort action on a contingency fee basis or any other cause of action in proceedings that are outside the jurisdiction of the children's court. When a child's attorney retains separate counsel to represent the child, the attorney shall provide the court with written notice within ten days of retaining the separate counsel. The child's attorney shall not retain or subsequently obtain any pecuniary interest in an action filed on behalf of the child outside of the jurisdiction of the children's court. Laws 2005, ch. 189, § 10.

NMSA 1978, § 32A-1-8 Jurisdiction of the court; tribal court jurisdiction; exception

32A-1-8. Jurisdiction of the court; tribal court jurisdiction; 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; (2) a child of a family in need of court-ordered services or a child in need of services pursuant to the Family in Need of Court-Ordered Services Act [Chapter 32A, Article 3B NMSA 1978]; (3) a neglected child; (4) an abused child; (5) a child subject to adoption; or (6) a child subject to placement for a developmental disability or a mental disorder. B. The court has exclusive original jurisdiction to emancipate a minor. C. The provisions of the Indian Family Protection Act [32A-28-1 to 32A-28-42 NMSA 1978] govern child custody proceedings involving Indian children. To the extent the provisions of the Indian Family Protection Act conflict with the Children's Code, the provisions of the Indian Family Protection Act shall apply. D. During abuse or neglect proceedings in which New Mexico is the home state, pursuant to the provisions of the Uniform Child-Custody Jurisdiction and Enforcement Act [40-10A-101 to 40-10A-403 NMSA 1978], the court shall have jurisdiction over both parents to determine the best interest of the child and to decide all matters incident to the court proceedings. E. The court may acquire jurisdiction over a Motor Vehicle Code [Articles 1 through 8 of Chapter 66 NMSA 1978] or municipal traffic code violation as set forth in Section 32A-2-29 NMSA 1978. 1978 Comp., § 32A-1-8, enacted by Laws 1993, ch. 77, § 17; 1995, ch. 206, § 5; 1999, ch. 46, § 1; 1999, ch. 78, § 1; 2005, ch. 189, § 4; 2009, ch. 239, § 8; 2022, ch. 41, § 45.

NMSA 1978, § 32A-1-9 Venue and transfer

32A-1-9. Venue and transfer 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 delinquency is alleged, the proceeding may also be begun in the county where the act constituting the alleged delinquent act occurred or in the county in which the child is detained. Neglect, abuse, family in need of court-ordered services or mental health proceedings may also begin in the county where the child is present when the proceeding is commenced. A transfer may be made if the residence of the child or eligible adult changes or for other good cause. B. In neglect, abuse, family in need of court-ordered services or adoption proceedings for the placement of an Indian child, the court shall, in the absence of good cause to the contrary, transfer the proceeding to the jurisdiction of the Indian child's tribe upon the petition of the Indian child's parent, the Indian child's guardian or the Indian child's tribe. The transfer shall be barred if there is an objection to the transfer by a parent of the Indian child or the Indian child's tribe. 1978 Comp., § 32A-1-9, enacted by Laws 1993, ch. 77, § 18; 1999, ch. 196, § 1; 2005, ch. 189, § 5; 2020, ch. 52, § 1.

NMSA 1978, § 32A-1-10 Petition; who may sign

32A-1-10. Petition; who may sign 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 or is informed of them and believes that they are true. 1978 Comp., § 32A-1-10, enacted by Laws 1993, ch. 77, § 19.

NMSA 1978, § 32A-1-11 Petition; form and content

32A-1-11. Petition; form and content 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 violation of a criminal statute or other law or ordinance is alleged, the citation to the appropriate law; C. the name, birth date and residence address of the child; D. the name and residence address of the parents, guardian, custodian or spouse, if any, of the child; and if no parent, guardian, custodian or spouse, if any, resides or can be found within the state or if a residence address is unknown, the name of any known adult relative residing within the state or, if there be none, the known adult relative residing nearest to the court; E. whether the child is in custody or detention pursuant to the Delinquency Act [Chapter 32A, Article 2 NMSA 1978] and, if so, the place of custody or detention and the time the child was taken into custody; F. whether the child is an Indian child and, if so, any additional information required pursuant to the Indian Family Protection Act [32A-28-1 to 32A-28-42 NMSA 1978]; and G. if any of the matters required to be set forth by this section are not known, a statement of those matters and the fact that they are not known. 1978 Comp., § 32A-1-11, enacted by Laws 1993, ch. 77, § 20; 2005, ch. 189, § 6; 2022, ch. 41, § 46.

NMSA 1978, § 32A-1-12 Summons; issuance and content; waiver of service

32A-1-12. Summons; issuance and content; waiver of service 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. The summons shall advise the parties of their right to counsel under the Children's Code and shall have attached to it a copy of the petition. C. The court may endorse upon the summons an order directing the parent, guardian, custodian or other person having the physical custody or control of the child to bring the child to the hearing. D. If it appears from any sworn statement presented to the court that the child needs to be placed in detention, the judge may endorse on the summons an order that an officer serving the summons shall at once take the child into custody and take the child to the place of detention designated by the court, subject, however, to all of the provisions of the Children's Code relating to detention criteria and post-detention proceedings and the rights of the child in regard thereto. E. A party other than the child may waive service of summons by written stipulation or by voluntary appearance at the hearing. If the child is present at the hearing, the child's counsel, with the consent of the parent, guardian or custodian, may waive service of summons in the child's behalf. 1978 Comp., § 32A-1-12, enacted by Laws 1993, ch. 77, § 21; 1995, ch. 206, § 6.

NMSA 1978, § 32A-1-13 Summons; service

32A-1-13. Summons; service 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 pursuant to the Abuse and Neglect Act [Chapter 32A, Article 4 NMSA 1978], service shall be on the child's guardian ad litem or attorney and not personally pursuant to children's court rule. B. If a party to be served is within the state and cannot be found but the party's address is known, service of the summons may be made by mailing a copy of the summons to the party by certified mail at least fifteen days before the hearing. C. If after reasonable effort a party to be served cannot be found, or address ascertained, within or without the state, the court may order service of the summons by publication in accordance with the provisions of Rule 1-004 of the Rules of Civil Procedure for the District Courts, in which event the hearing shall not be less than five days after the date of last publication. D. The court may authorize the payment from court funds of the costs of service and of necessary travel expenses incurred by persons summoned or otherwise required to appear at the hearing. 1978 Comp., § 32A-1-13, enacted by Laws 1993, ch. 77, § 22; 1995, ch. 206, § 7; 2005, ch. 189, § 7.

NMSA 1978, § 32A-1-14.1 Determination of whether a child is an Indian child

32A-1-14.1. Determination of whether a child is an Indian child 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 make a written determination as to whether the Indian Family Protection Act applies to the case. C. At the commencement of any hearing in a child custody proceeding, the court shall determine whether the child is an Indian child by asking, on the record, each individual present on the matter whether the individual knows or has reason to know that the child is an Indian child. If no individual present at the hearing knows or has reason to know that the child is an Indian child, the court shall instruct each party to inform the court immediately if the individual later receives information that provides reason to know that the child is an Indian child. D. A court has reason to know that a child is an Indian child if: (1) an Indian tribe asserts that the child may be eligible for membership; (2) any party in the proceeding, officer of the court involved in the proceeding or an Indian organization informs the court that the child is an Indian child; (3) any party at the hearing, officer of the court present at the hearing, Indian tribe or Indian organization informs the court that information has been discovered indicating that the child is an Indian child; (4) the child indicates to the court that the child is an Indian child; (5) the court is informed that the domicile or residence of the child, the child's parent, the child's guardian or the child's Indian custodian is on a reservation or in an Alaska native village; (6) the court is informed that the child is or has been under the jurisdiction of a tribal court; (7) the court is informed that the child or the child's parent possesses an identification card or other record indicating membership in an Indian tribe; (8) testimony or documents presented to the court indicate that the child may be an Indian child; or (9) any other indicia provided to the court or within the court's knowledge indicate that the child is an Indian child. E. If a court has reason to know that a child is an Indian child but does not have sufficient evidence to determine whether the child is an Indian child, the court shall: (1) treat the child as an Indian child until the court determines, on the record, that the child is not an Indian child; and (2) require the department or another party to submit a report, declaration or testimony on the record that the department or other party made active efforts to identify and work with all of the Indian tribes of which there is reason to know the child may be a member or be eligible for membership to verify whether the child is an Indian child. F. As used in this section, "Indian organization" means a group, association, partnership, corporation or other legal entity owned or controlled by Indians, or a majority of whose members are Indians. Laws 2022, ch. 41, § 43.

NMSA 1978, § 32A-1-15 Release or delivery from custody

32A-1-15. Release or delivery from custody 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. 1978 Comp., § 32A-1-15, enacted by Laws 1993, ch. 77, § 24.

NMSA 1978, § 32A-1-16 Basic rights

32A-1-16. Basic rights 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 appearance before the court on a petition under the Children's Code. C. An eligible adult retains all of the basic rights of an adult while receiving services pursuant to the fostering connections program. 1978 Comp., § 32A-1-16, enacted by Laws 1993, ch. 77, § 25; 2019, ch. 149, § 11.

NMSA 1978, § 32A-1-17 Appeals

32A-1-17. Appeals 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 records that are required to be kept confidential and closed to the public, pursuant to any provision of the Children's Code shall be kept confidential and closed to the public on appeal. B. The appeal to the court of appeals does not stay the judgment appealed from, but the court of appeals may order a stay upon application and hearing consistent with the provisions of the Children's Code if suitable provision is made for the care and custody of the child. If the order appealed from grants the legal custody of the child to or withholds it from one or more of the parties to the appeal, the appeal shall be heard at the earliest practicable time. C. If the court of appeals does not dismiss the petition and order the child released, it shall affirm the court's judgment or it shall modify the court's judgment and remand the child to the jurisdiction of the court for disposition consistent with the appellate court's decision on the appeal. Any party may appeal to the supreme court in the manner provided by law. D. A child who has filed notice of appeal shall be furnished a transcript of the proceedings, or as much of it as is requested, without cost upon the filing of an affidavit that the child or the person who is legally responsible for the care and support of the child is financially unable to purchase the transcript. E. Appeals from the court to the court of appeals shall proceed in accordance with time limits to be established by the supreme court. F. Appeals from a tribal court order shall proceed pursuant to tribal law to an appropriate tribal court. 1978 Comp., § 32A-1-16, enacted by Laws 1993, ch. 77, § 26; 1995, ch. 22, § 1; 1995, ch. 206, § 8; 1999, ch. 195, § 1.

NMSA 1978, § 32A-1-18 Procedural matters

32A-1-18. Procedural matters 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 that of counsel for the child, amend the petition or motion and proceed to hear and determine the additional or other issues, findings or remedies as though originally properly sought. B. Upon application of a party, the court shall issue, and upon its own motion the court may issue, subpoenas requiring attendance and testimony of witnesses and the production of records, documents or other tangible objects at any hearing. C. Subject to the laws relating to the procedures therefor and the limitations thereon, the court may punish a person for contempt of court for disobeying an order of the court or for obstructing or interfering with the proceedings of the court or the enforcement of its orders. D. In any proceeding under the Children's Code, either on motion of a party or on the court's own motion, the court may make an order restraining the conduct of any party over whom the court has obtained jurisdiction if: (1) the court finds that the person's conduct is or may be detrimental or harmful to the child and will tend to defeat the execution of any order of the court; and (2) due notice of the motion and the grounds therefor and an opportunity to be heard thereon have been given to the person against whom the order is directed. E. In any proceeding under the Children's Code, the court may allow a party or witness to the proceeding to participate by the use of electronic communications, consistent with the rights of all parties to the proceeding and pursuant to rules promulgated by the supreme court. 1978 Comp., § 32A-1-18, enacted by Laws 1993, ch. 77, § 27; 1995, ch. 206, § 9.

NMSA 1978, § 32A-1-19 Court costs and expenses

32A-1-19. Court costs and expenses 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 guardian ad litem or a child's attorney appointed by the court; and (3) the expenses of service of summonses, notices, subpoenas, traveling expenses of witnesses and other like expenses incurred in any proceeding under the Children's Code. B. A child, the family of a child or a person legally obligated to care for and support a child who is subject to the provisions of the Delinquency Act [Chapter 32A, Article 2 NMSA 1978] shall not be required to pay any court costs, expenses pursuant to Subsection A of this section, fees or fines. C. Whenever legal custody of an adjudicated child is vested in someone other than the child's parents, including an agency, institution or department of this state, if the court, after notice to the parents or other persons legally obligated to support the child and after a hearing, finds that the parents or other legally obligated persons are financially able to pay all or part of the costs and expenses of the support and treatment, the court may order the parents or other legally obligated persons to pay to the custodian in the manner the court directs a reasonable sum that will cover all or part of the expenses of the support and treatment of the child subsequent to the entry of the custody order. The court may use the child support guidelines set forth in Section 40-4-11.1 NMSA 1978 to calculate a reasonable payment. If the parents or other legally obligated persons willfully fail or refuse to pay the sum ordered, the court may proceed with contempt charges and the order for payment may be filed and if filed shall have the effect of a civil judgment. 1978 Comp., § 32A-1-19, enacted by Laws 1993, ch. 77, § 28; 2005, ch. 189, § 9; 2021, ch. 15, § 3.

NMSA 1978, § 32A-1-20 Purchase of care from private agency by public agency

32A-1-20. Purchase of care from private agency by public agency 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 private agency and may purchase care and treatment from the private agency if the private agency submits periodic reports to the public agency covering the care and treatment the child or eligible adult is receiving and the child's or eligible adult's responses to that care and treatment. These reports shall be made as frequently as the public agency deems necessary, but not less often than once each six months for each child or eligible adult. The private agency shall also afford an opportunity for a representative of the public agency to examine or consult with the child or eligible adult as frequently as the public agency deems necessary. B. As used in this section, "eligible adult" means an individual who meets the eligibility criteria for participation in the fostering connections program established pursuant to the Fostering Connections Act. 1978 Comp., § 32A-1-20, enacted by Laws 1993, ch. 77, § 29; 2019, ch. 149, § 12.

NMSA 1978, § 32A-1-21 Runaway child; law enforcement; permitted acts

32A-1-21. Runaway child; law enforcement; permitted acts 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 custodian believes the child has run away, a law enforcement agent may help the parent, guardian or custodian locate the child and: A. return the child to the parent, guardian or custodian unless safety concerns are present; B. hold the child for up to six hours if the parent, guardian or custodian cannot be located; provided, however, that no child shall be placed in a secured setting pursuant to this section; or C. after the six hours has expired, follow the procedures outlined in Section 32A-3B-3 NMSA 1978. Laws 2007, ch. 185, § 2; 2009, ch. 239, § 9.

NMSA 1978, § 32A-1-22 Medical cannabis program; removal of children; family services intervention; school enrollment; medical care

32A-1-22. Medical cannabis program; removal of children; family 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) intervention, removal or placement into state custody of a child in that individual's care pursuant to the Abuse and Neglect Act [Chapter 32A, Article 4 NMSA 1978]; or (2) the provision of state prevention, diversion or intervention services to that individual's family pursuant to the Voluntary Placement and Family Services Act [Chapter 32A, Article 3A NMSA 1978]. B. A person shall not be denied custody of or visitation or parenting time with a child, and there is no presumption of neglect or child endangerment, for conduct allowed under the Lynn and Erin Compassionate Use Act. C. A school shall not refuse to enroll or otherwise penalize a person solely for conduct allowed pursuant to the Lynn and Erin Compassionate Use Act, unless failing to do so would cause the school to lose a monetary or licensing-related benefit under federal law or regulation. D. For the purposes of medical care, including an organ transplant, a qualified patient's use of cannabis pursuant to the Lynn and Erin Compassionate Use Act shall be considered the equivalent of the use of any other medication under the direction of a physician and shall not be considered to constitute the use of an illicit substance or otherwise disqualify a qualified patient from medical care. Laws 2019, ch. 247, § 14; 1978 Comp., § 32A-3A-15, recompiled and amended as § 32A-1-22 by Laws 2023, ch. 90, § 3.

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