The adjudicatory hearing in a delinquency proceeding shall be held in accordance with the time limits set forth in the Children's Court Rules and Forms [10-101 NMRA].
History: 1978 Comp., § 32A-2-15, enacted by Laws 1993, ch. 77, § 44.
Cross references. — For adjudicatory time limits in delinquency proceedings, see Rule 10-243 NMRA.
Decisions under prior law. — In light of the similarity of the provisions, annotations decided under former Section 32-1-28 NMSA 1978 have been included in the annotations to this section.
Commencement of period for adjudicatory hearing in delinquency proceedings. — The time limit set forth in 10-226 NMRA (now 10-243 NMRA) for commencing an adjudicatory hearing in a delinquency proceeding if the child is not held in custody begins to run when the summons and a copy of the petition are personally served on the child, not when a copy is given to the child's attorney. State v. Jody C., 1991-NMCA-097, 113 N.M. 80, 823 P.2d 322, cert denied, 113 N.M. 23, 821 P.2d 1060.
Granting of continuance within trial court's discretion. — The granting of a motion for continuance is within the sound discretion of the trial court and such action will not be disturbed on review unless there is a showing of abuse of that discretion. Doe v. State, 1975-NMCA-108, 88 N.M. 347, 540 P.2d 827, cert. denied, 88 N.M. 318, 540 P.2d 248.
Law reviews. — For survey, "Children's Court Practice in Delinquency and Need of Supervision Cases Under the New Rules," see 6 N.M.L. Rev. 331 (1976).
For article, "The New Mexico Children's Code: Some Remaining Problems," see 10 N.M.L. Rev. 341 (1980).
Am. Jur. 2d, A.L.R. and C.J.S. references. — 47 Am. Jur. 2d Juvenile Courts and Delinquent and Dependent Children § 62 et seq.
Structure 2021 New Mexico Statutes
Section 32A-2-1 - Short title.
Section 32A-2-2 - Purpose of act.
Section 32A-2-3 - Definitions.
Section 32A-2-4 - Detention facilities; standards; reports; appeals.
Section 32A-2-4.1 - Adult jails and lockups used as temporary holding facilities; reports.
Section 32A-2-6 - Transfer of jurisdiction over child from other tribunals to court.
Section 32A-2-7 - Complaints; referral; preliminary inquiry; notice; time waiver.
Section 32A-2-8 - Petition; authorization to file.
Section 32A-2-9 - Taking into custody.
Section 32A-2-10 - Release or delivery from custody.
Section 32A-2-11 - Criteria for detention of children.
Section 32A-2-12 - Placement or detention.
Section 32A-2-14 - Basic rights.
Section 32A-2-15 - Time limitations on delinquency adjudicatory hearing.
Section 32A-2-16 - Conduct of hearings; findings; dismissal; dispositional matters; penalty.
Section 32A-2-17 - Predisposition studies; reports and examinations.
Section 32A-2-18 - Judgment; noncriminal nature; nonadmissibility.
Section 32A-2-19 - Disposition of an adjudicated delinquent offender.
Section 32A-2-20 - Disposition of a youthful offender.
Section 32A-2-22 - Continuance under supervision without judgment; consent decree; disposition.
Section 32A-2-23.1 - Release eligibility.
Section 32A-2-23.2 - Release proceedings.
Section 32A-2-24 - Probation revocation; disposition.
Section 32A-2-25 - Parole revocation; procedures.
Section 32A-2-26 - Sealing of records.
Section 32A-2-28 - Parental responsibility.
Section 32A-2-29 - Motor Vehicle Code violations.
Section 32A-2-30 - Indigency standard; fee schedule; reimbursement.
Section 32A-2-31 - Child adjudicated delinquent; victim restitution; compensation; deductions.
Section 32A-2-32 - Confidentiality; records.
Section 32A-2-32.1 - Information not to be disclosed on a public access web site.
Section 32A-2-33 - Child in possession of a firearm on school premises; detention; hearing.