A. An adjudicatory hearing for an alleged family in need of court-ordered services shall be commenced within sixty days after the date of service on the respondent.
B. The children's court attorney shall represent the state at the adjudicatory hearing.
C. If the adjudicatory hearing is not commenced within the time limits specified in this section or within the period of any extension of those time limits, the petition shall be dismissed with prejudice.
History: 1978 Comp., § 32A-3B-12, enacted by Laws 1993, ch. 77, § 84; 2009, ch. 239, § 30.
The 2009 amendment, effective July 1, 2009, in Subsection A, changed "ninety days" to "sixty days"; after "ninety days after the", deleted "latest of the following dates:"; deleted Paragraphs (1) through (3) of Subsection A, which listed the date the petition is served on the respondent; the date the trial court orders a mistrial or a new trial; and the date a mandate in an appeal or order disposing of the appeal is filed; and added "date of service on the respondent".
Applicability. — Laws 2009, ch. 239, § 71, provided that the provisions of this act apply to all children who, on July 1, 2009, are on release or are otherwise eligible to be placed on release as if the Juvenile Public Safety Advisory Board Act had been in effect at the time they were placed on release or became eligible to be released.
Structure 2021 New Mexico Statutes
Article 3B - Families in Need of Court-Ordered Services
Section 32A-3B-1 - Short title; purpose.
Section 32A-3B-2 - Definitions.
Section 32A-3B-3 - Protective custody; interference with protective custody; penalty.
Section 32A-3B-4 - Protective custody; restrictions; time limitations.
Section 32A-3B-5 - Notification to family; release from protective custody.
Section 32A-3B-6 - Place of custody.
Section 32A-3B-6.1 - Indian child placement; preferences.
Section 32A-3B-7 - Protective custody hearing; time limitations.
Section 32A-3B-8 - Basic rights.
Section 32A-3B-9 - Change in placement.
Section 32A-3B-10 - Petition; endorsement of petition.
Section 32A-3B-11 - Petition; allegations.
Section 32A-3B-12 - Adjudicatory hearing; time limitations.
Section 32A-3B-13 - Conduct of hearings; penalty.
Section 32A-3B-14 - Findings; dismissal; dispositional matters.
Section 32A-3B-15 - Plan for family services.
Section 32A-3B-16 - Dispositional judgment.
Section 32A-3B-19 - Periodic review of dispositional judgments.
Section 32A-3B-20 - Parental responsibility.