A. Any child or family member who has a reasonable belief that the child or family is in need of family services may request family services from the department.
B. Any person, including a public or private school principal, who has a reasonable belief that a child or family is in need of family services may submit a referral to the department.
C. A family that requests or accepts family services may withdraw its request for or acceptance of family services at any time.
D. A person who refers a child or family for family services is presumed to be acting in good faith and shall be immune from civil or criminal liability, unless the person acted in bad faith or with malicious purpose.
History: 1978 Comp., § 32A-3A-3, enacted by Laws 1993, ch. 77, § 65; 2005, ch. 189, § 27; 2019, ch. 223, § 16.
The 2019 amendment, effective June 14, 2019, provided that public or private school principals may submit a referral to the department if they have a reasonable belief that a child or family is in need of family services; and in Subsection B, after "person", added "including a public or private school principal".
The 2005 amendment, effective June 17, 2005, in Subsection A, provided that any child or family member who believes that a child is in need of family services may request family services from the department; in Subsection B, provided that any person who believes that a child is in need of family services may submit a referral to the department; and deleted former Subsection C, which authorized a representative of a school to submit a request for family services on behalf of a family to the department under listed certain circumstances.
Structure 2021 New Mexico Statutes
Article 3A - Families Services
Section 32A-3A-1 - Short title; purpose.
Section 32A-3A-2 - Definitions.
Section 32A-3A-3 - Request for family services; withdrawal of request; presumption of good faith.
Section 32A-3A-4 - Referral process.
Section 32A-3A-6 - Voluntary placement of child outside home; documentation.
Section 32A-3A-7 - Voluntary placement; time limitation.
Section 32A-3A-8 - Duty to file a petition.
Section 32A-3A-9 - Right to regain custody.
Section 32A-3A-10 - Voluntary placement; rights of parent.
Section 32A-3A-11 - Emergency placement; criminal history record check.
Section 32A-3A-12 - Foster families; free admission to museums and state parks.
Section 32A-3A-13 - Plan of care; guidelines; creation; data sharing; training.
Section 32A-3A-14 - Notification to the department of noncompliance with a plan of care.