A. A judgment vesting legal custody of a child in an agency shall remain in force for an indeterminate period not exceeding two years from the date entered.
B. A judgment vesting legal custody of a child in an individual, other than the child's parent, shall remain in force for two years from the date entered unless terminated sooner by court order.
C. A judgment vesting legal custody of a child in the child's parent or a permanent guardian shall remain in force for an indeterminate period from the date entered until terminated by court order or until the child is emancipated or reaches the age of majority.
D. At any time prior to expiration, a judgment vesting legal custody or granting protective supervision may be modified, revoked or extended on motion by a party, including the child by and through the child's guardian ad litem or attorney.
E. Prior to the expiration of a judgment transferring legal custody to an agency, the court may extend the judgment for additional periods of one year if it finds that the extension is necessary to safeguard the welfare of the child or the public interest.
F. When a child reaches eighteen years of age, all family in need of court-ordered services orders affecting the child then in force automatically terminate. The termination of the orders shall not disqualify a child from eligibility for transitional services.
History: 1978 Comp., § 32A-3B-18, enacted by Laws 1993, ch. 77, § 90; 2009, ch. 239, § 32.
The 2009 amendment, effective July 1, 2009, in Subsection D, after "motion by a party", deleted "or the" and added "including the child by and through the child's"; and after "guardian ad litem", added "or attorney".
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 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.