A child who believes that rights established by the Children's Mental Health and Developmental Disabilities Act or by the constitution of the United States or the constitution of New Mexico have been violated shall have a right to petition the court for redress. The child shall be represented by counsel. The court shall grant relief as is appropriate, subject to the provisions of the Tort Claims Act [41-4-1 to 41-4-27 NMSA 1978].
History: Laws 2007, ch. 162, § 27.
Cross references. — For violation of clients' rights applicable to the Adult Mental Health and Developmental Disabilities Code, see 43-1-23 NMSA 1978.
For provisions of the 1995 "Children's Mental Health and Developmental Disabilities Act, relating to violation of children's rights, see the 2006 NMSA 1978 (32A-6-19) 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.
Structure 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.