A. At any stage of a proceeding under the Abuse and Neglect Act, the children's court attorney may apply to the court for a protective order restricting the release of immunized testimony, immunized verbal statements for the purpose of psychological evaluation or treatment, or records, documents or other physical objects produced by an immunized respondent pursuant to a court order. The protective order shall apply to any person, except as designated by court order. The purpose of the protective order is to allow the respondents to engage in evaluation and treatment programs as ordered by the court and to ensure that any statement by the respondents will remain privileged and confidential and will not be divulged to any other person, including law enforcement officers and district attorneys.
B. The children's court attorney shall apply for the protective order and request a hearing, and shall give at least forty-eight hours notice to all parties and to the district attorney for the county in which the alleged abuse or neglect occurred. The district attorney shall have standing to object to the protective order.
C. After the hearing, the court may issue a protective order, if issuance of the order will reasonably assist in the delivery of diagnostic and therapeutic services to the respondent and the respondent is otherwise likely to refuse to make statements on the basis of his privilege against self-incrimination.
History: 1978 Comp., § 32A-4-12, enacted by Laws 1993, ch. 77, § 106.
Structure 2021 New Mexico Statutes
Article 4 - Child Abuse and Neglect
Section 32A-4-1 - Short title.
Section 32A-4-2 - Definitions.
Section 32A-4-4 - Complaints; referral; preliminary inquiry.
Section 32A-4-4.1 - Multilevel response system.
Section 32A-4-6 - Taking into custody; penalty.
Section 32A-4-7 - Release or delivery from custody.
Section 32A-4-8 - Place of temporary custody.
Section 32A-4-9 - Indian child placement; preferences.
Section 32A-4-10 - Basic rights.
Section 32A-4-11 - Use immunity.
Section 32A-4-12 - Protective orders.
Section 32A-4-13 - Contempt power.
Section 32A-4-14 - Change in placement.
Section 32A-4-15 - Petition; authorization to file.
Section 32A-4-16 - Ex-parte custody orders.
Section 32A-4-17 - Summons; content.
Section 32A-4-17.1 - Notice to grandparents and relatives.
Section 32A-4-18 - Custody hearings; time limitations; notice; probable cause.
Section 32A-4-19 - Adjudicatory hearings; time limitations.
Section 32A-4-20 - Conduct of hearings; findings; dismissal; dispositional matters; penalty.
Section 32A-4-21 - Neglect or abuse predisposition studies, reports and examinations.
Section 32A-4-22 - Disposition of adjudicated abused or neglected child.
Section 32A-4-25 - Periodic judicial review of dispositional judgments.
Section 32A-4-25.1 - Permanency hearings; permanency review hearings.
Section 32A-4-25.2 - Transition services.
Section 32A-4-25.3 - Discharge hearing.
Section 32A-4-26 - Parental responsibility.
Section 32A-4-27 - Intervention; persons permitted to intervene.
Section 32A-4-28 - Termination of parental rights; adoption decree.
Section 32A-4-29 - Termination procedure.
Section 32A-4-30 - Attorney fees.
Section 32A-4-31 - Permanent guardianship of a child.
Section 32A-4-32 - Permanent guardianship; procedure.
Section 32A-4-33 - Confidentiality; records; penalty.
Section 32A-4-33.1 - Records release when a child dies.
Section 32A-4-34 - Duties of employees.
Section 32A-4-35 - Appointment or change of educational decision maker.