2021 New Mexico Statutes
Chapter 32A - Children's Code

Section 32A-2-4.1 - Adult jails and lockups used as temporary holding facilities; reports. - A. A child arrested and detained for an alleged delinquent...

Section 32A-2-5 - Juvenile probation and parole services; establishment; juvenile probation and parole officers; powers and duties. - A. Juvenile probation and parole services shall be provided by...

Section 32A-2-6 - Transfer of jurisdiction over child from other tribunals to court. - A. If it appears to a tribunal in a criminal...

Section 32A-2-7 - Complaints; referral; preliminary inquiry; notice; time waiver. - A. Complaints alleging delinquency shall be referred to probation services,...

Section 32A-2-8 - Petition; authorization to file. - A petition alleging delinquency shall not be filed in delinquency...

Section 32A-2-9 - Taking into custody. - A child may be taken into custody: A. pursuant to...

Section 32A-2-10 - Release or delivery from custody. - A. A person taking a child into custody shall, with...

Section 32A-2-11 - Criteria for detention of children. - A. Unless ordered by the court pursuant to the provisions...

Section 32A-2-12 - Placement or detention. - A. A child alleged to be a delinquent child may...

Section 32A-2-13 - Detention hearing required on detained children; probable cause determination; court determination; disposition. - A. When a child who has been taken into custody...

Section 32A-2-14 - Basic rights. - A. A child subject to the provisions of the Delinquency...

Section 32A-2-15 - Time limitations on delinquency adjudicatory hearing. - The adjudicatory hearing in a delinquency proceeding shall be held...

Section 32A-2-16 - Conduct of hearings; findings; dismissal; dispositional matters; penalty. - A. Hearings on petitions shall be conducted by the court...

Section 32A-2-17 - Predisposition studies; reports and examinations. - A. After a petition has been filed and either a...

Section 32A-2-18 - Judgment; noncriminal nature; nonadmissibility. - A. The court shall enter a judgment setting forth the...

Section 32A-2-19 - Disposition of an adjudicated delinquent offender. - A. At the conclusion of the dispositional hearing, the court...

Section 32A-2-20 - Disposition of a youthful offender. - A. The court has the discretion to invoke either an...

Section 32A-2-21 - Disposition of a child with a mental disorder or developmental disability in a delinquency proceeding. - A. If in a hearing at any stage of a...

Section 32A-2-22 - Continuance under supervision without judgment; consent decree; disposition. - A. At any time after the filing of a delinquency...

Section 32A-2-23 - Limitations on dispositional judgments; modification; termination or extension of court orders. - A. A judgment transferring legal custody of an adjudicated delinquent...

Section 32A-2-23.1 - Release eligibility. - A. The department shall have exclusive jurisdiction and authority to...

Section 32A-2-23.2 - Release proceedings. - A. When the department determines that a child is ready...

Section 32A-2-24 - Probation revocation; disposition. - A. A child on probation incident to an adjudication as...

Section 32A-2-25 - Parole revocation; procedures. - A. A child on parole from an agency that has...

Section 32A-2-26 - Sealing of records. - A. On motion by or on behalf of a person...

Section 32A-2-27 - Injury to person or destruction of property; liability; costs and attorney fees; restitution. - A. Any person may recover damages not to exceed four...

Section 32A-2-28 - Parental responsibility. - A. In any complaint alleging delinquency, a parent of the...

Section 32A-2-29 - Motor Vehicle Code violations. - A. The municipal, magistrate or metropolitan court shall have original...

Section 32A-2-30 - Indigency standard; fee schedule; reimbursement. - A. The court shall use a standard adopted and information...

Section 32A-2-31 - Child adjudicated delinquent; victim restitution; compensation; deductions. - A. A delinquent child may be ordered by the court...

Section 32A-2-32 - Confidentiality; records. - A. All records pertaining to the child, including all related...

Section 32A-2-32.1 - Information not to be disclosed on a public access web site. - A state agency or a political subdivision of the state,...

Section 32A-2-33 - Child in possession of a firearm on school premises; detention; hearing. - A. If a public school administrator or employee has reasonable...

Article 3 - Family in Need of Services (Repealed.)

Section 32A-3-1 - Repealed. - History: 1978 Comp., § 32A-3-1, enacted by Laws 1993, ch....

Article 3A - Families Services

Section 32A-3A-1 - Short title; purpose. - A. Chapter 32A, Article 3A NMSA 1978 may be cited...

Section 32A-3A-2 - Definitions. - As used in the Family Services Act: A. "child or...

Section 32A-3A-3 - Request for family services; withdrawal of request; presumption of good faith. - A. Any child or family member who has a reasonable...

Section 32A-3A-4 - Referral process. - A. The department shall, subject to the availability of resources,...

Section 32A-3A-5 - Repealed. - History: 1978 Comp., § 32A-3A-5, enacted by Laws 1993, ch....

Section 32A-3A-6 - Voluntary placement of child outside home; documentation. - A. Upon written application by a parent, guardian or custodian,...

Section 32A-3A-7 - Voluntary placement; time limitation. - A. No child shall remain in voluntary placement for longer...

Section 32A-3A-8 - Duty to file a petition. - If any child has remained in voluntary placement for longer...

Section 32A-3A-9 - Right to regain custody. - A parent, guardian or custodian may at any time demand...

Section 32A-3A-10 - Voluntary placement; rights of parent. - Any parent, guardian or custodian whose child is in voluntary...

Section 32A-3A-11 - Emergency placement; criminal history record check. - A. In an emergency placement situation, when a child must...

Section 32A-3A-12 - Foster families; free admission to museums and state parks. - Foster parents and children in the custody of foster parents...

Section 32A-3A-13 - Plan of care; guidelines; creation; data sharing; training. - A. By January 1, 2020, the department, in consultation with...

Section 32A-3A-14 - Notification to the department of noncompliance with a plan of care. - A. If the parents, relatives, guardians or caretakers of a...

Section 32A-3A-15 - 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...

Article 3B - Families in Need of Court-Ordered Services

Section 32A-3B-1 - Short title; purpose. - A. Chapter 32A, Article 3B NMSA 1978 may be cited...

Section 32A-3B-2 - Definitions. - As used in Chapter 32A, Article 3B NMSA 1978, "family...

Section 32A-3B-3 - Protective custody; interference with protective custody; penalty. - A. A child may be taken into protective custody by...

Section 32A-3B-4 - Protective custody; restrictions; time limitations. - A. A law enforcement officer who takes a child into...

Section 32A-3B-5 - Notification to family; release from protective custody. - A. When the department takes a child into protective custody...

Section 32A-3B-6 - Place of custody. - A. Unless a child from a family in need of...

Section 32A-3B-6.1 - Indian child placement; preferences. - A. An Indian child accepted in department custody shall be...

Section 32A-3B-7 - Protective custody hearing; time limitations. - A. When a child of an alleged family in need...

Section 32A-3B-8 - Basic rights. - A. A child subject to the provisions of the Children's...

Section 32A-3B-9 - Change in placement. - A. When a child's placement is changed, including a return...

Section 32A-3B-10 - Petition; endorsement of petition. - A petition regarding an alleged family in need of court-ordered...

Section 32A-3B-11 - Petition; allegations. - A. A petition to initiate a proceeding regarding an alleged...

Section 32A-3B-12 - Adjudicatory hearing; time limitations. - A. An adjudicatory hearing for an alleged family in need...

Section 32A-3B-13 - Conduct of hearings; penalty. - A. All hearings shall be recorded by stenographic notes or...

Section 32A-3B-14 - Findings; dismissal; dispositional matters. - A. The court shall determine if the allegations of the...

Section 32A-3B-15 - Plan for family services. - A. Prior to holding a dispositional hearing, the court shall...

Section 32A-3B-16 - Dispositional judgment. - A. At the conclusion of the dispositional hearing, the court...

Section 32A-3B-17 - Disposition of a child with a developmental disability or mental disorder; proceedings. - A. If during any stage of a proceeding regarding a...

Section 32A-3B-18 - Dispositional judgments; time limitations; modification, termination or extension of court order. - A. A judgment vesting legal custody of a child in...

Section 32A-3B-19 - Periodic review of dispositional judgments. - A. Within six months of any original dispositional order and...

Section 32A-3B-20 - Parental responsibility. - A. The court shall order the parent to pay the...

Section 32A-3B-21 - Expungement of records. - A. On motion by or on behalf of an individual...

Section 32A-3B-22 - Confidentiality; records; penalty. - A. All records or information concerning a family in need...

Article 4 - Child Abuse and Neglect

Section 32A-4-1 - Short title. - Chapter 32A, Article 4 NMSA 1978 may be cited as...

Section 32A-4-2 - Definitions. - As used in the Abuse and Neglect Act: A. "abandonment"...

Section 32A-4-3 - Duty to report child abuse and child neglect; responsibility to investigate child abuse or neglect; penalty; notification of plan of care. - A. Every person, including a licensed physician; a resident or...

Section 32A-4-4 - Complaints; referral; preliminary inquiry. - A. Reports alleging neglect or abuse shall be referred to...

Section 32A-4-4.1 - Multilevel response system. - A. The department shall establish a multilevel response system to...

Section 32A-4-5 - Admissibility of report in evidence; immunity of reporting person; investigation of report. - A. In any proceeding alleging neglect or abuse under the...

Section 32A-4-6 - Taking into custody; penalty. - A. A child may be held or taken into custody:...

Section 32A-4-7 - Release or delivery from custody. - A. A person taking a child into custody shall, with...

Section 32A-4-8 - Place of temporary custody. - A. Unless a child alleged to be neglected or abused...

Section 32A-4-9 - Indian child placement; preferences. - A. An Indian child accepted for foster care or pre-adoptive...

Section 32A-4-10 - Basic rights. - A. A child subject to the provisions of the Children's...

Section 32A-4-11 - Use immunity. - A. At any stage of a proceeding under the Abuse...

Section 32A-4-12 - Protective orders. - A. At any stage of a proceeding under the Abuse...

Section 32A-4-13 - Contempt power. - A. At any stage of a proceeding under the Abuse...

Section 32A-4-14 - Change in placement. - A. When the child's placement is changed, including a return...

Section 32A-4-15 - Petition; authorization to file. - A petition alleging neglect or abuse shall not be filed...

Section 32A-4-16 - Ex-parte custody orders. - A. At the time a petition is filed or any...

Section 32A-4-17 - Summons; content. - In addition to the requirements set forth in Section 32-1-11...

Section 32A-4-17.1 - Notice to grandparents and relatives. - Within thirty days after a child is taken into custody...

Section 32A-4-18 - Custody hearings; time limitations; notice; probable cause. - A. When a child alleged to be neglected or abused...

Section 32A-4-19 - Adjudicatory hearings; time limitations. - A. The adjudicatory hearing in a neglect or abuse proceeding...

Section 32A-4-20 - Conduct of hearings; findings; dismissal; dispositional matters; penalty. - A. The proceedings shall be recorded by stenographic notes or...

Section 32A-4-21 - Neglect or abuse predisposition studies, reports and examinations. - A. Prior to holding a dispositional hearing, the court shall...

Section 32A-4-22 - Disposition of adjudicated abused or neglected child. - A. If not held in conjunction with the adjudicatory hearing,...

Section 32A-4-23 - Disposition of a child with a mental disorder or a developmental disability in a proceeding under the Abuse and Neglect Act. - A. If in a hearing, at any stage of a...

Section 32A-4-23.1 - Disposition of an undocumented immigrant child in a proceeding under the Abuse and Neglect Act. - A. Whenever the court adjudicates that a child is abused...

Section 32A-4-24 - Limitations on dispositional judgments; modification, termination or extension of court orders. - A. A judgment vesting legal custody of a child in...

Section 32A-4-25 - Periodic judicial review of dispositional judgments. - A. The initial judicial review shall be held within sixty...

Section 32A-4-25.1 - Permanency hearings; permanency review hearings. - A. A permanency hearing shall be commenced within six months...

Section 32A-4-25.2 - Transition services. - A. Prior to a child's reaching seventeen years of age,...

Section 32A-4-25.3 - Discharge hearing. - A. At the last review or permanency hearing held prior...

Section 32A-4-26 - Parental responsibility. - A. The court shall order the parent to pay the...

Section 32A-4-27 - Intervention; persons permitted to intervene. - A. At any stage of an abuse or neglect proceeding,...

Section 32A-4-28 - Termination of parental rights; adoption decree. - A. In proceedings to terminate parental rights, the court shall...

Section 32A-4-29 - Termination procedure. - A. A motion to terminate parental rights may be filed...

Section 32A-4-30 - Attorney fees. - The court may order the department to pay attorney fees...

Section 32A-4-31 - Permanent guardianship of a child. - A. In proceedings for permanent guardianship, the court shall give...

Section 32A-4-32 - Permanent guardianship; procedure. - A. A motion for permanent guardianship may be filed by...

Section 32A-4-33 - Confidentiality; records; penalty. - A. All records or information concerning a party to a...

Section 32A-4-33.1 - Records release when a child dies. - A. After learning that a child fatality has occurred and...

Section 32A-4-34 - Duties of employees. - All employees of the department shall be trained in their...

Section 32A-4-35 - Appointment or change of educational decision maker. - A. In all matters involving children alleged by the state...

Article 4A - Children's Advocacy Centers

Section 32A-4A-1 - Short title. - This act [32A-4A-1 to 32A-4A-4 NMSA 1978] may be cited...

Section 32A-4A-2 - Definition. - As used in the Children's Advocacy Centers Act, "center" means...

Section 32A-4A-3 - Children's advocacy centers; duties. - A center shall: A. be an entity that is a...

Section 32A-4A-4 - Multidisciplinary child abuse teams; establishment; membership; duties. - A. The following persons shall comprise a multidisciplinary child abuse...

Article 5 - Adoptions

Section 32A-5-1 - Short title. - Chapter 32A, Article 5 NMSA 1978 may be cited as...

Section 32A-5-2 - Purpose. - The purpose of the Adoption Act is to: A. establish...

Section 32A-5-3 - Definitions. - As used in the Adoption Act: A. "accrediting entity" means...

Section 32A-5-4 - Application of the federal Indian Child Welfare Act of 1978. - The protections set forth in the federal Indian Child Welfare...

Section 32A-5-5 - Indian child placement preferences. - A. In any adoptive placement of an Indian child under...

Section 32A-5-6 - Authority of the department. - A. The department may adopt and promulgate necessary rules and...

Section 32A-5-7 - Clerk of the court; duties. - A. The clerk of the court shall file pleadings captioned...

Section 32A-5-8 - Confidentiality of records. - A. Unless the petitioner agrees to be contacted or agrees...

Section 32A-5-9 - Caption. - The caption for adoption proceedings shall be styled "In the...

Section 32A-5-10 - Venue. - A petition for adoption may be filed in any county...

Section 32A-5-11 - Who may be adopted; who may adopt. - A. Any child may be adopted. B. Residents who are...

Section 32A-5-12 - Placement for adoption; restrictions; full disclosure. - A. No petition for adoption shall be granted by the...

Section 32A-5-13 - Independent adoptions; request for placement; placement order; certification. - A. When a placement order is required, the petitioner shall...

Section 32A-5-14 - Pre-placement study. - A. The pre-placement study shall be performed as prescribed by...

Section 32A-5-14.1 - Criminal history records check; background checks. - A. A nationwide criminal history records check shall be conducted...

Section 32A-5-15 - Termination of parental rights. - A. The physical, mental and emotional welfare and needs of...

Section 32A-5-16 - Termination procedures. - A. A proceeding to terminate parental rights may be initiated...

Section 32A-5-17 - Persons whose consents or relinquishments are required. - A. Consent to adoption or relinquishment of parental rights to...

Section 32A-5-18 - Implied consent or relinquishment. - A. A consent to adoption or relinquishment of parental rights...

Section 32A-5-19 - Persons whose consents or relinquishments are not required. - The consent to adoption or relinquishment of parental rights required...

Section 32A-5-20 - Putative father registry; notice; penalty. - A. The purpose of the putative father registry is to...

Section 32A-5-21 - Form of consent or relinquishment. - A. Except when consent or relinquishment is implied, a consent...

Section 32A-5-22 - Persons required to receive counseling; content and form of counseling. - A. Counseling required pursuant to the provisions of this section...

Section 32A-5-23 - Persons who may take consents or relinquishments; accounting of disbursements. - A. A consent to adoption or relinquishment of parental rights...

Section 32A-5-24 - Relinquishments to the department. - A. When a parent elects to relinquish parental rights to...

Section 32A-5-25 - Petition; time of filing. - A. A petition for adoption shall be filed within sixty...

Section 32A-5-26 - Petition; content. - A petition for adoption shall be filed and verified by...

Section 32A-5-27 - Notice of petition; form of service; waiver. - A. The petition for adoption shall be served by the...

Section 32A-5-28 - Response to petition. - A. Any person responding to a notice of a petition...

Section 32A-5-29 - Custody pending decree. - Once the adoptee has been placed with the petitioner pursuant...

Section 32A-5-30 - Removal of adoptee from the county. - During the pendency of an adoption proceeding, the adoptee shall...

Section 32A-5-31 - Post-placement report. - A. An agency or an individual with the credentials set...

Section 32A-5-32 - Stepparent adoptions. - A. Any person may adopt his spouse's child in accordance...

Section 32A-5-33 - Appointment of guardian ad litem or attorney for the adoptee or other party. - Upon the motion of any party or upon the court's...

Section 32A-5-34 - Fees and charges; damages. - A. Prior to the final hearing on a petition, the...

Section 32A-5-35 - Open adoptions. - A. The parents of the adoptee and the petitioner may...

Section 32A-5-36 - Adjudication; disposition; decree of adoption. - A. The court shall conduct hearings on the petition for...

Section 32A-5-37 - Status of adoptee and petitioner upon entry of decree of adoption. - A. Once adopted, an adoptee shall take a name designated...

Section 32A-5-38 - Birth certificates. - A. Within thirty days after an adoption decree becomes final,...

Section 32A-5-39 - Recognition of foreign decrees. - A. Every decree or order of adoption terminating the parent-child...

Section 32A-5-39.1 - Application of the federal Intercountry Adoption Act. - The protections and requirements set forth in the federal Intercountry...

Section 32A-5-40 - Post-decree of adoption access to records. - A. After the decree of adoption has been entered, all...

Section 32A-5-41 - Appointment of confidential intermediary. - A. The court may appoint a confidential intermediary to ascertain...

Section 32A-5-42 - Penalties. - A. Any person other than an agency who, in the...

Section 32A-5-42.1 - Unauthorized adoption facilitation; penalties. - A. A person, other than a person described in Subsection...

Section 32A-5-42.2 - Advertising adoption services; requirements; penalties. - A. A person, other than a person described in Subsection...

Section 32A-5-43 - Purpose of subsidized adoptions. - It is the purpose of Sections 32-5-43 [32A-5-43] through 32-5-45...

Section 32A-5-44 - Eligibility for subsidized adoptions. - A. The social services division of the human services department...

Section 32A-5-45 - Administration of subsidized adoptions. - A. The department shall promulgate all necessary regulations for the...

Article 6 - Children's Mental Health and Developmental Disabilities (Repealed.)

Section 32A-6-1 - Repealed. - History: Laws 1995, ch. 207, § 1; repealed by Laws...

Section 32A-6-2 - Repealed. - History: Laws 1995, ch. 207, § 2; 1999, ch. 254,...

Section 32A-6-3 - Repealed. - History: Laws 1995, ch. 207, § 3; repealed by Laws...

Section 32A-6-4 - Repealed. - History: Laws 1995, ch. 207, § 4; repealed by Laws...

Section 32A-6-5 - Repealed. - History: Laws 1995, ch. 207, § 5; repealed by Laws...

Section 32A-6-6 - Repealed. - History: Laws 1995, ch. 207, § 6; repealed by Laws...

Section 32A-6-7 - Repealed. - History: Laws 1995, ch. 207, § 7; repealed by Laws...

Section 32A-6-8 - Repealed. - History: Laws 1995, ch. 207, § 8; repealed by Laws...

Section 32A-6-9 - Repealed. - History: Laws 1995, ch. 207, § 9; repealed by Laws...

Section 32A-6-10 - Repealed. - History: Laws 1995, ch. 207, § 10; repealed by Laws...

Section 32A-6-10.1 - Repealed. - Repeals. — Laws 1999, ch. 254, § 5 repealed 32A-6-10.1...

Section 32A-6-11 - Repealed. - History: Laws 1995, ch. 207, § 12; repealed by Laws...

Section 32A-6-11.1 - Repealed. - History: Laws 1995, ch. 207, § 13; 1999, ch. 254,...

Section 32A-6-12 - Repealed. - History: Laws 1995, ch. 207, § 14; 1999, ch. 254,...

Section 32A-6-13 - Repealed. - History: Laws 1995, ch. 207, § 15; repealed by Laws...

Section 32A-6-14 - Repealed. - History: Laws 1995, ch. 207, § 16; repealed by Laws...

Section 32A-6-15 - Repealed. - History: Laws 1995, ch. 207, § 17; 1998, ch. 32,...

Section 32A-6-16 - Repealed. - History: Laws 1995, ch. 207, § 18; repealed by Laws...

Section 32A-6-17 - Repealed. - History: Laws 1995, ch. 207, § 19; repealed by Laws...

Section 32A-6-18 - Repealed. - History: Laws 1995, ch. 207, § 20; repealed by Laws...

Section 32A-6-19 - Repealed. - History: Laws 1995, ch. 207, § 21; repealed by Laws...

Section 32A-6-20 - Repealed. - History: Laws 1995, ch. 207, § 22; repealed by Laws...

Section 32A-6-21 - Repealed. - History: Laws 1995, ch. 207, § 23; repealed by Laws...

Section 32A-6-22 - Repealed. - History: Laws 1995, ch. 207, § 24; repealed by Laws...

Article 6A - Children's Mental Health and Developmental Disabilities

Section 32A-6A-1 - Short title. - This act [32A-6A-1 to 32A-6A-30 NMSA 1978] may be cited...

Section 32A-6A-2 - Purposes. - The purposes of the Children's Mental Health and Developmental Disabilities...

Section 32A-6A-3 - Scope. - The provisions of the Children's Mental Health and Developmental Disabilities...

Section 32A-6A-4 - Definitions. - As used in the Children's Mental Health and Developmental Disabilities...

Section 32A-6A-5 - Competence. - The fact that a child has received treatment or habilitation...

Section 32A-6A-6 - Rights related to treatment and habilitation; scope. - The rights set forth in the Children's Mental Health and...

Section 32A-6A-7 - Right to individualized treatment or habilitation services and plan. - A. A child receiving mental health or habilitation services shall...

Section 32A-6A-8 - Special rules applicable to aversive intervention. - A. An intervention expressly listed in the "aversive intervention" definition...

Section 32A-6A-9 - Restraint, generally. - A. Nothing in this section shall be interpreted to diminish...

Section 32A-6A-10 - Physical restraint and seclusion. - A. When providing any treatment or habilitation, physical restraint and...

Section 32A-6A-11 - Training required for a professional who uses restraint or seclusion. - A mental health or developmental disabilities professional who administers restraint...

Section 32A-6A-12 - Personal rights of a child in an out-of-home treatment or habilitation program; scope. - A. A child in an out-of-home treatment or habilitation program...

Section 32A-6A-13 - Legal representation of children. - A. A child shall be represented by an attorney at...

Section 32A-6A-14 - Consent for services; children under fourteen years of age. - A. Except as provided in Subsection B of this section,...

Section 32A-6A-15 - Consent for services; children fourteen years of age or older. - A. A child fourteen years of age or older is...

Section 32A-6A-16 - Consent for services; determination of capacity for children fourteen years of age or older. - A. When a child fourteen years of age or older...

Section 32A-6A-17 - Treatment guardianship proceedings. - A. If no legal custodian is reasonably available to make...

Section 32A-6A-18 - Individual instructions. - A. A child fourteen years of age or older who...

Section 32A-6A-19 - Emergency mental health evaluation and care. - A. A peace officer may detain and transport a child...

Section 32A-6A-20 - Consent to placement in a residential treatment or habilitation program; children younger than fourteen years of age. - A. A child younger than fourteen years of age shall...

Section 32A-6A-21 - Voluntary residential treatment or habilitation for children fourteen years of age or older. - A. A child fourteen years of age or older shall...

Section 32A-6A-22 - Involuntary residential treatment. - A. A child may not receive treatment for mental disorders...

Section 32A-6A-23 - Liability of persons providing treatment or habilitation services. - A. A person providing mental health and developmental disability services...

Section 32A-6A-24 - Disclosure of information. - A. Except as otherwise provided in the Children's Mental Health...

Section 32A-6A-25 - Special commissioner. - A court may conduct the proceedings required by the Children's...

Section 32A-6A-26 - Transportation. - When a child is to be placed in a residential...

Section 32A-6A-27 - Violation of a child's rights. - A child who believes that rights established by the Children's...

Section 32A-6A-28 - Cost of care. - An indigent child may receive care and treatment at a...

Section 32A-6A-29 - Recognition of tribal court involuntary placement orders. - A. Notwithstanding the provisions of any other law to the...

Section 32A-6A-30 - Rules. - The department shall promulgate rules for the operation of out-of-home...

Article 7 - Juvenile Parole Board (Repealed.)

Section 32A-7-1 - Repealed. - History: 1978 Comp., § 32A-7-1, enacted by Laws 1993, ch....

Section 32A-7-2 - Repealed. - History: 1978 Comp., § 32A-7-2, enacted by Laws 1993, ch....

Section 32A-7-3 - Repealed. - History: 1978 Comp., § 32A-7-3, enacted by Laws 1993, ch....

Section 32A-7-4 - Repealed. - History: 1978 Comp., § 32A-7-4, enacted by Laws 1993, ch....

Section 32A-7-5 - Repealed. - History: 1978 Comp., § 32A-7-5, enacted by Laws 1993, ch....

Section 32A-7-6 - Repealed. - History: 1978 Comp., § 32A-7-6, enacted by Laws 1993, ch....

Section 32A-7-7 - Repealed. - History: 1978 Comp., § 32A-7-7, enacted by Laws 1993, ch....

Section 32A-7-8 - Repealed. - History: 1978 Comp., § 32A-7-8, enacted by Laws 1993, ch....

Section 32A-7-9 - Repealed. - History: 1978 Comp., § 32A-7-9, enacted by Laws 1993, ch....

Article 7A - Juvenile Public Safety Advisory Board

Section 32A-7A-1 - Short title. - Chapter 32A, Article 7A NMSA 1978 may be cited as...

Section 32A-7A-2 - Juvenile public safety advisory board; terms; director. - A. The "juvenile public safety advisory board" is created, consisting...

Section 32A-7A-3 - Board; removal; vacancies. - A member of the juvenile public safety advisory board may...

Section 32A-7A-4 - Board; qualifications. - Members of the juvenile public safety advisory board shall be...

Section 32A-7A-5 - Board; chair. - A. The governor shall designate one member of the juvenile...

Section 32A-7A-6 - Board; powers and duties. - A. The juvenile public safety advisory board shall: (1) advise...

Section 32A-7A-7 - Board; compensation. - The members of the juvenile public safety advisory board shall...

Section 32A-7A-8 - Access. - The juvenile public safety advisory board shall have access at...

Article 8 - Citizen Substitute Care Review

Section 32A-8-1 - Short title. - Chapter 32A, Article 8 NMSA 1978 may be cited as...

Section 32A-8-2 - Purpose of act. - The purpose of the Citizen Substitute Care Review Act is...

Section 32A-8-3 - Repealed. - History: 1978 Comp., § 32A-8-3, enacted by Laws 1993, ch....

Section 32A-8-4 - Substitute care advisory council; members; compensation; responsibilities; advisory committee. - A. The "substitute care advisory council" is created and, in...

Section 32A-8-5 - Substitute care review boards; appointments; exclusion; terms; training; compensation; meetings. - A. The council shall establish no fewer than three substitute...

Section 32A-8-6 - Substitute care review board reviews of cases. - When council rules designate the review of a case, a...

Section 32A-8-7 - Transfer provisions; funds; contracts; references in law. - On the effective date of this 2016 act: A. all...

Article 9 - Children's Shelter Care

Section 32A-9-1 - Short title. - Sections 1 through 7 [32A-9-1 to 32A-9-7 NMSA 1978] of...

Section 32A-9-2 - Legislative findings and purpose. - A. The legislature finds and declares that appropriate and distinct...

Section 32A-9-3 - Definitions. - As used in the Children's Shelter Care Act: A. "child"...

Section 32A-9-4 - Rules and regulations; promulgation. - The department shall promulgate necessary rules, regulations, standards and procedures...

Section 32A-9-5 - Community-based shelter-care facilities. - The department shall establish and support community-based shelter-care facilities and...

Section 32A-9-6 - Eligibility of child for placement. - A child is eligible to be placed in a community-based...

Section 32A-9-7 - Report to the governor and the legislature. - The department shall provide an annual report to the governor...

Article 10 - Interstate Compact for Juveniles

Section 32A-10-1 - Repealed. - History: 1953 Comp., § 13-16-1, enacted by Laws 1973, ch....

Section 32A-10-2 - Repealed. - History: 1953 Comp., § 13-16-2, enacted by Laws 1973, ch....

Section 32A-10-3 - Repealed. - History: 1953 Comp., § 13-16-3, enacted by Laws 1973, ch....

Section 32A-10-4 - Repealed. - History: 1953 Comp., § 13-16-4, enacted by Laws 1973, ch....

Section 32A-10-5 - Repealed. - History: 1953 Comp., § 13-16-5, enacted by Laws 1973, ch....

Section 32A-10-6 - Repealed. - History: 1953 Comp., § 13-16-6, enacted by Laws 1973, ch....

Section 32A-10-7 - Repealed. - History: 1953 Comp., § 13-16-7, enacted by Laws 1973, ch....

Section 32A-10-8 - Repealed. - History: 1953 Comp., § 13-16-8, enacted by Laws 1973, ch....

Section 32A-10-9 - Interstate Compact for Juveniles. - The Interstate Compact for Juveniles is enacted into law and...

Article 11 - Interstate Compact on Placement of Children

Section 32A-11-1 - Interstate compact. - The Interstate Compact on the Placement of Children is hereby...

Section 32A-11-2 - Financial responsibility; default in compact. - Financial responsibility for any child placed pursuant to the provisions...

Section 32A-11-3 - Notices; health and social services department [human services department]. - The "appropriate public authorities" as used in Article 3 of...

Section 32A-11-4 - "Appropriate authority"; health and social services department [human services department]. - As used in Paragraph A of Article 5 of the...

Section 32A-11-5 - Financial commitment; approval. - The officers and agencies of the state and of its...

Section 32A-11-6 - Court jurisdiction in placement of delinquent children. - Any court having jurisdiction to place delinquent children may place...

Section 32A-11-7 - Governor. - As used in Article 7 of the Interstate Compact on...

Article 12 - Residential Treatment Program

Section 32A-12-1 - Residential treatment program established. - A. There is established within the children, youth and families...

Section 32A-12-2 - Residential treatment programs; rules. - The secretary of children, youth and families shall adopt rules...

Article 13 - Juvenile Assistance Programs

Section 32A-13-1 - Purpose. - The legislature finds that juvenile crime is steadily increasing and...

Section 32A-13-2 - Juvenile forensic evaluation program. - A. There is created within the children, youth and families...

Section 32A-13-3 - Wilderness experience program. - A wilderness experience program shall be provided by the children,...

Article 14 - Missing Child Reporting (Repealed.)

Section 32A-14-1 - Repealed. - History: Laws 1987, ch. 25, § 1; recompiled as 1978...

Section 32A-14-2 - Repealed. - History: Laws 1987, ch. 25, § 2; recompiled as 1978...

Section 32A-14-3 - Repealed. - History: Laws 1987, ch. 25, § 3; recompiled as 1978...

Section 32A-14-4 - Repealed. - History: Laws 1987, ch. 25, § 4; recompiled as 1978...

Article 15 - Children's and Juvenile Facility Criminal Records Screening

Section 32A-15-1 - Short title. - Chapter 32A, Article 15 NMSA 1978 may be cited as...

Section 32A-15-2 - Purpose. - The purpose of the New Mexico Children's and Juvenile Facility...

Section 32A-15-3 - Criminal history records check; background checks. - A. Nationwide criminal history record checks shall be conducted on...

Section 32A-15-4 - Procedures. - By December 31, 1993, procedures shall be established by regulation...

Article 16 - Child Development (Repealed.)

Section 32A-16-1 - Repealed. - History: Laws 1989, ch. 290, § 1; 1992, ch. 57,...

Section 32A-16-2 - Repealed. - History: Laws 1989, ch. 290, § 2; 1991, ch. 167,...

Section 32A-16-3 - Repealed. - History: Laws 1989, ch. 290, § 3; recompiled as 1978...

Section 32A-16-4 - Repealed. - History: Laws 1989, ch. 290, § 4; 1991, ch. 167,...

Article 17 - Family Support

Section 32A-17-1 - Short title. - Chapter 32A, Article 17 NMSA 1978 may be cited as...

Section 32A-17-2 - Definition. - As used in the Family Support Act, "family support services"...

Section 32A-17-3 - Eligibility. - Family support services may be provided, considering available resources, to...

Section 32A-17-4 - Service delivery. - A. The department shall coordinate and implement the provision of...

Section 32A-17-5 - Qualifications. - A person who provides family support services shall have appropriate...

Section 32A-17-6 - Evaluation. - The secretary of the department shall conduct an annual evaluation...

Article 18 - Training for Cultural Recognition

Section 32A-18-1 - Cultural recognition. - A. A person who serves as a judge, prosecutor, child's...

Section 32A-18-2 - Coordination of training. - The department shall coordinate the training required pursuant to the...

Section 32A-18-3 - Delinquency proceeding; training required for person who represents a child. - A person who represents a child during a delinquency proceeding...

Section 32A-18-4 - Cultural awareness; culturally appropriate placements. - A. An Indian child placed in foster care, preadoptive placement,...

Article 19 - Quality Assurance Office

Section 32A-19-1 - Quality assurance office. - A. The department shall maintain a quality assurance office under...

Article 20 - Uniform Case Numbering

Section 32A-20-1 - Uniform case numbering system. - A. As used in this section, "uniform case numbering system"...

Article 21 - Emancipation of Minors

Section 32A-21-1 - Short title. - Sections 47 through 53 [32A-21-1 to 32A-21-7 NMSA 1978] of...

Section 32A-21-2 - Legislative findings and purpose. - It is the purpose of the Emancipation of Minors Act...

Section 32A-21-3 - Emancipated minors; description. - An emancipated minor is any person sixteen years of age...

Section 32A-21-4 - Emancipation by declaration. - Any person sixteen years of age or older may be...

Section 32A-21-5 - Over the age of majority; purposes. - An emancipated minor shall be considered as being over the...

Section 32A-21-6 - Public entitlement of emancipated minors. - A declared emancipated minor shall not be denied benefits from...

Section 32A-21-7 - Declaration of Emancipation; petition; contents; notice; mandate. - A. A minor may petition the children's court of the...

Article 22 - Children's Cabinet

Section 32A-22-1 - Short title. - Chapter 32A, Article 22 NMSA 1978 may be cited as...

Section 32A-22-2 - Children's cabinet created. - A. The "children's cabinet" is created and is administratively attached...

Section 32A-22-3 - Powers; duties; goals. - A. The children's cabinet shall study and make recommendations for...

Section 32A-22-4 - Children's cabinet department liaisons. - Each member of the children's cabinet shall name an employee...

Article 23 - Pre-Kindergarten

Section 32A-23-1 - Short title. - Chapter 32A, Article 23 NMSA 1978 may be cited as...

Section 32A-23-2 - Findings and purpose. - The legislature finds that: A. special needs are present among...

Section 32A-23-3 - Definitions. - As used in the Pre-Kindergarten Act: A. "community" means an...

Section 32A-23-4 - Early pre-kindergarten and pre-kindergarten programs; interagency cooperation; contracts; contract monitoring; research. - A. The department shall develop and implement an early pre-kindergarten...

Section 32A-23-5 - Repealed. - History: Laws 2005, ch. 170, § 5; 2011, ch. 140,...

Section 32A-23-6 - Requests for proposals; contracts for services. - A. The department shall solicit the delivery of both half-day...

Section 32A-23-7 - Repealed. - History: Laws 2005, ch. 170, § 7; repealed by Laws...

Section 32A-23-8 - Repealed. - History: Laws 2005, ch. 170, § 8; repealed by Laws...

Section 32A-23-9 - Equal division of appropriations. - Any money appropriated for pre-kindergarten programs shall be divided equally...

Section 32A-23-10 - Mixed delivery of pre-kindergarten programs. - Any money appropriated for pre-kindergarten programs shall be distributed for...

Article 23A - Early Childhood Care and Education

Section 32A-23A-1 - Short title. - Chapter 32A, Article 23A NMSA 1978 may be cited as...

Section 32A-23A-2 - Definitions. - As used in the Early Childhood Care and Education Act:...

Section 32A-23A-3 - Findings and purpose. - A. The legislature finds that an early childhood care and...

Section 32A-23A-4 - Repealed. - History: Laws 2011, ch. 123, § 4; repealed by Laws...

Section 32A-23A-5 - Council and department duties. - A. The council is designated as the council required pursuant...

Section 32A-23A-6 - Early childhood care and education fund; created; purpose; administration; grant applications. - A. The "early childhood care and education fund" is created...

Section 32A-23A-7 - Termination of agency life; delayed repeal. - The council is terminated on July 1, 2017 pursuant to...

Article 23B - Home Visiting Accountability

Section 32A-23B-1 - Short title. - Chapter 32A, Article 23B NMSA 1978 may be cited as...

Section 32A-23B-2 - Definitions. - As used in the Home Visiting Accountability Act: A. "culturally...

Section 32A-23B-3 - Home visiting programs; accountability; exclusions; contracting; reporting. - A. The department shall provide statewide home visiting services using...

Article 23C - Early Childhood Care Accountability

Section 32A-23C-1 - Short title. - This act [32A-23C-1 to 32A-23C-5 NMSA 1978] may be cited...

Section 32A-23C-2 - Definitions. - As used in the Early Childhood Care Accountability Act: A....

Section 32A-23C-3 - Licensed early childhood care programs; requirements. - A. The department shall adopt and promulgate rules to establish...

Section 32A-23C-4 - Licensed early childhood care programs; reporting. - Beginning December 31, 2019 and annually thereafter, the department shall...

Section 32A-23C-5 - Applicability. - The provisions of this act [32A-23C-1 to 32A-23C-5 NMSA 1978]...

Article 24 - Child Helmet Safety Act

Section 32A-24-1 - Short title. - This act [Chapter 32A, Article 24 NMSA 1978] may be...

Section 32A-24-2 - Definitions. - As used in the Child Helmet Safety Act: A. "bicycle"...

Section 32A-24-3 - Helmet use requirements; civil penalty. - A. It is unlawful for a parent or legal guardian...

Section 32A-24-4 - Equipment sales or rentals. - A person engaged in the business of renting bicycles, skates,...

Section 32A-24-5 - Negligence. - Failure to wear a protective helmet shall not limit or...

Article 25 - Carlos Vigil Memorial Act

Section 32A-25-1 - Short title. - This act [32A-25-1 to 32A-25-5 NMSA 1978] may be cited...

Section 32A-25-2 - Purposes. - The purposes of the Carlos Vigil Memorial Act are to:...

Section 32A-25-3 - Carlos Vigil memorial board; created. - A. The "Carlos Vigil memorial board" is created to review...

Section 32A-25-4 - Carlos Vigil memorial board; duties. - The Carlos Vigil memorial board shall: A. adopt and promulgate...

Section 32A-25-5 - Eradicate bullying fund created; grant application review. - A. The "eradicate bullying fund" is created in the state...

Article 26 - Fostering Connections

Section 32A-26-1 - Short title. - Chapter 32A, Article 26 NMSA 1978 may be cited as...

Section 32A-26-2 - Definitions. - As used in the Fostering Connections Act: A. "active efforts"...

Section 32A-26-3 - Fostering connections program; eligibility. - A. The "fostering connections program" is established in the department....

Section 32A-26-4 - Fostering connections program; services; supports. - A. The fostering connections program shall provide at least the...

Section 32A-26-5 - Fostering connections program; participation; voluntary services and support agreement; periodic reviews. - A. An eligible adult may participate in the fostering connections...

Section 32A-26-6 - Termination of voluntary services and support agreement; notice; procedure. - A. An eligible adult may choose to terminate the voluntary...

Section 32A-26-7 - Fostering connections program; children's court petition; jurisdiction; contents; program file. - A. An eligible adult participating in the fostering connections program...

Section 32A-26-8 - Review hearings. - A. The court shall conduct a review hearing at least...

Section 32A-26-9 - Discharge hearing. - A. At the last review hearing held prior to the...

Section 32A-26-10 - Fostering connections advisory committee; membership; appointment; terms; duties; meetings; report. - A. By October 1, 2019, the secretary shall appoint a...

Section 32A-26-11 - Administrative appeals. - A young adult may appeal an adverse eligibility determination in...

Section 32A-26-12 - Duties of the department. - A. The department shall notify every child in its custody...

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2021 New Mexico Statutes Chapter 32A - Children's Code

2021 New Mexico Statutes
Chapter 32A - Children's Code