A. In all matters involving children alleged by the state to be abused or neglected, including proceedings to terminate parental rights, the children's court shall appoint an educational decision maker in every case.
B. The children's court shall appoint an educational decision maker at the custody hearing; provided that the children's court:
(1) may change the appointment of an educational decision maker upon motion of a party at any stage of the proceedings; and
(2) shall review at each subsequent stage of the proceedings whether to continue or change the appointment of an educational decision maker for the child.
C. The children's court shall appoint a respondent as the child's educational decision maker, unless the children's court determines that doing so would be contrary to the best interests of the child. If the children's court determines that no respondent should be appointed as the child's educational decision maker, the children's court shall appoint another qualified individual, taking into account the following:
(1) whether the individual knows the child and is willing to accept responsibility for making educational decisions;
(2) whether the individual has any personal or professional interests that conflict with the interests of the child; and
(3) whether the individual is permitted to make all necessary educational decisions for the child, including decisions related to whether the child is a child with a disability under the federal Individuals with Disabilities Education Act.
History: Laws 2017, ch. 64, § 3.
Effective dates. — Laws 2017, ch. 64 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 16, 2017, 90 days after the adjournment of the legislature.
Cross references. — For the federal Individuals with Disabilities Education Act, see 20 U.S.C. § 1400.
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.