A parent, guardian or custodian may at any time demand and obtain the return of a child voluntarily placed outside the home. The child shall be returned within seventy-two hours of the demand; however, the department may prevent the immediate return by requesting the children's court attorney to file a petition alleging neglect or abuse and by obtaining temporary custody of the child before the expiration of the seventy-two hours.
History: 1978 Comp., § 32A-3A-9, enacted by Laws 1993, ch. 77, § 71.
Am. Jur. 2d, A.L.R. and C.J.S. references. — Right of parent to regain custody of child after temporary conditional relinquishment of custody, 35 A.L.R.4th 61.
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.