A. Upon written application by a parent, guardian or custodian, and if good cause is shown, the department may accept custody of a minor child for temporary voluntary placement outside the home.
B. Prior to accepting any child for voluntary placement, the department shall document the following:
(1) the efforts made by the department to provide or arrange for services by other public or private agencies that would be affordable to the family and that would alleviate the conditions leading to the placement request;
(2) any determination that the services are not available;
(3) any refusal by the parent, guardian or custodian to accept the services; and
(4) the fact that conditions leading to the placement request could not be alleviated by services aimed at keeping the child in the home.
C. If the department accepts custody of a child, the department shall provide the child with shelter in an appropriate facility, pursuant to the provisions of Section 32-3B-6 [32A-3B-6] NMSA 1978, that is located as close as possible to the child's residence. The child shall not be held in a jail or other facility intended or used for the incarceration of adults charged or convicted of criminal offenses or a facility for the detention of children alleged to be or adjudicated as delinquent children.
History: 1978 Comp., § 32A-3A-6, enacted by Laws 1993, ch. 77, § 68.
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.