If any child has remained in voluntary placement for longer than three hundred sixty-five days in any two-year period and the parent, guardian or custodian of the child refuses to or cannot accept the child back into the parent's, guardian's or custodian's custody, the department shall immediately file a petition alleging that the child is a neglected child or that the child's family needs court-ordered family services.
History: 1978 Comp., § 32A-3A-8, enacted by Laws 1993, ch. 77, § 70; 2005, ch. 82, § 2.
The 2005 amendment, effective April 4, 2005, extended the time of placement after which the department is required to file a petition.
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.