A. Except as provided in Subsection B of this section, the informed consent of a child's legal custodian shall be required before treatment or habilitation, including psychotherapy or psychotropic medications, is administered to a child under fourteen years of age.
B. A child under fourteen years of age may initiate and consent to an initial assessment with a clinician and for medically necessary early intervention service limited to verbal therapy as set forth in this section. The purpose of the initial assessment is to allow a clinician to interview the child and determine what, if any, action needs to be taken to ensure appropriate mental health or habilitation services are provided to the child. The clinician may conduct an initial assessment and provide medically necessary early intervention service limited to verbal therapy with or without the consent of the legal custodian if such service will not extend beyond two calendar weeks. If, at any time, the clinician has a reasonable suspicion that the child is an abused or neglected child, the clinician shall immediately make a child abuse and neglect report.
History: Laws 2007, ch. 162, § 14.
Cross references. — For provisions of the 1995 Children's Mental Health and Developmental Disabilities Act, relating to right to education, see the 2006 NMSA 1978 (32A-6-7) on NMOneSource.com.
Effective dates. — Laws 2007, ch. 162 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 15, 2007, 90 days after the adjournment of the legislature.
Educational services. — Public schools have no constitutional or statutory obligation to provide educational services to students within private, for-profit adolescent psychiatric care and substance abuse treatment centers, but if the student is handicapped, federal law may require such education. 1988 Op. Att'y Gen. No. 88-10.
Law reviews. — For article, "Treating Children Under the New Mexico Mental Health and Developmental Disabilities Code," see 10 N.M.L. Rev. 279 (1980).
Structure 2021 New Mexico Statutes
Article 6A - Children's Mental Health and Developmental Disabilities
Section 32A-6A-1 - Short title.
Section 32A-6A-4 - Definitions.
Section 32A-6A-5 - Competence.
Section 32A-6A-6 - Rights related to treatment and habilitation; scope.
Section 32A-6A-7 - Right to individualized treatment or habilitation services and plan.
Section 32A-6A-8 - Special rules applicable to aversive intervention.
Section 32A-6A-9 - Restraint, generally.
Section 32A-6A-10 - Physical restraint and seclusion.
Section 32A-6A-11 - Training required for a professional who uses restraint or seclusion.
Section 32A-6A-13 - Legal representation of children.
Section 32A-6A-14 - Consent for services; children under fourteen years of age.
Section 32A-6A-15 - Consent for services; children fourteen years of age or older.
Section 32A-6A-17 - Treatment guardianship proceedings.
Section 32A-6A-18 - Individual instructions.
Section 32A-6A-19 - Emergency mental health evaluation and care.
Section 32A-6A-22 - Involuntary residential treatment.
Section 32A-6A-23 - Liability of persons providing treatment or habilitation services.
Section 32A-6A-24 - Disclosure of information.
Section 32A-6A-25 - Special commissioner.
Section 32A-6A-26 - Transportation.
Section 32A-6A-27 - Violation of a child's rights.
Section 32A-6A-28 - Cost of care.
Section 32A-6A-29 - Recognition of tribal court involuntary placement orders.