Section 27-7-29 – Confidentiality of records; penalty.
A. All records of the department, the department’s designee, including a multidisciplinary team, the court and state and local agencies that are created or maintained pursuant to investigations under the Adult Protective Services Act or for whom application has ever been made for protection shall be confidential and shall not be disclosed directly or indirectly […]
Section 27-7-30 – Duty to report; penalty.
A. Any person, including financial institutions, having reasonable cause to believe that an incapacitated adult is being abused, neglected or exploited shall immediately report that information to the department. B. The report required in Subsection A of this section may be made orally or in writing. The report shall include the name, age and address […]
Section 27-7-31 – Immunity.
Any person making a report pursuant to Section 27-7-30 NMSA 1978, testifying in any judicial proceeding arising from the report or participating in a required evaluation pursuant to the Adult Protective Services Act or any law enforcement officer carrying out his responsibilities under that act or any person providing records or information as required under […]
Section 27-7-20 – Repealed.
History: Laws 1989, ch. 389, § 7; 1990, ch. 79, § 3; 1997, ch. 132, § 6; 2007, ch. 91, § 14. ANNOTATIONS Repeals. — Laws 2007, ch. 91, § 14 repealed 27-7-20 NMSA 1978, as enacted by Laws 1989, ch. 389, § 7, relating to protective services agencies, effective July 2, 2007. For provisions […]
Section 27-7-21 – Nature of protective services; costs.
A. Protective services are short-term services furnished by the department or under arrangement through the department to an incapacitated or protected adult who has been abused, neglected or exploited and with the adult’s consent or appropriate legal authority. B. The protective services furnished in a protective services system may include social, psychiatric, health, legal and […]
Section 27-7-22 – Repealed.
History: Laws 1989, ch. 389, § 9; 1990, ch. 79, § 5; 2007, ch. 91, § 14. ANNOTATIONS Repeals. — Laws 2007, ch. 91, § 14 repealed 27-7-22 NMSA 1978, as enacted by Laws 1989, ch. 389, § 9, relating to protective placement evaluations, effective July 2, 2007. For provisions of former section, see the […]
Section 27-7-23 – Voluntary protective services; protective placement; penalty.
A. Any adult who has been abused, neglected or exploited and is in need of protective services or protective placement as determined by the department and who consents to those services or placement shall receive them. If the adult withdraws or refuses consent, voluntary protective services or protective placement shall not be provided. No legal […]
Section 27-7-24 – Involuntary protective services and protective placement; penalty.
A. If an adult lacks the ability to consent to receive protective services or protective placement, those services or placement may be ordered by a court on an involuntary basis through an emergency order pursuant to the Adult Protective Services Act or through appointment of a guardian or conservator. B. In ordering involuntary protective services […]
Section 27-7-25 – Ex-parte orders for emergency protective services or emergency protective placement; notice; petition.
A. Upon petition by the department, the court may issue an order authorizing the provision of involuntary protective services or protective placement on an emergency basis to an adult under the criteria set forth in Subsection B of this section. B. At the time a petition is filed or any time thereafter, the court may […]
Section 27-7-25.1 – Emergency protective placement by a law enforcement officer without a court order.
A. When, from personal observation of a law enforcement officer, it appears probable that an incapacitated adult will suffer immediate and irreparable physical injury or death if not immediately placed in a facility, that the adult is unable to give consent and that it is not possible due to the emergency nature of the circumstances […]