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.
History: Laws 2007, ch. 185, § 2; 2009, ch. 239, § 9.
The 2009 amendment, effective July 1, 2009, in Subsection B, after "cannot be located", added the remainder of the sentence.
Applicability. — Laws 2009, ch. 239, § 71, provided that the provisions of this act apply to all children who, on July 1, 2009, are on release or are otherwise eligible to be placed on release as if the Juvenile Public Safety Advisory Board Act had been in effect at the time they were placed on release or became eligible to be released.
Structure 2021 New Mexico Statutes
Article 1 - General Provisions
Section 32A-1-1 - Short title.
Section 32A-1-2 - Short title; scope.
Section 32A-1-3 - Purpose of act.
Section 32A-1-4 - Definitions.
Section 32A-1-5 - Children's court established as division of district court; transfer.
Section 32A-1-6 - Children's court attorney.
Section 32A-1-7 - Guardian ad litem; powers and duties.
Section 32A-1-7.1 - Child's attorney; powers and duties.
Section 32A-1-8 - Jurisdiction of the court; tribal court jurisdiction.
Section 32A-1-9 - Venue and transfer.
Section 32A-1-10 - Petition; who may sign.
Section 32A-1-11 - Petition; form and content.
Section 32A-1-12 - Summons; issuance and content; waiver of service.
Section 32A-1-13 - Summons; service.
Section 32A-1-14 - Notice to Indian tribes.
Section 32A-1-15 - Release or delivery from custody.
Section 32A-1-16 - Basic rights.
Section 32A-1-18 - Procedural matters.
Section 32A-1-19 - Court costs and expenses.
Section 32A-1-20 - Purchase of care from private agency by public agency.
Section 32A-1-21 - Runaway child; law enforcement; permitted acts.