Section 27-7-26 – Nonemergency protective services or protective placement; findings; petition; order.
A. Involuntary nonemergency protective services or protective placement shall not take place unless ordered by a court after a finding on the record based on clear and convincing evidence that: (1) the adult is incapacitated and lacks the ability to consent; (2) the adult is incapable of providing for the adult’s own care or custody […]
Section 27-7-27 – Hearing on petition.
A. The hearing on a petition for renewal of an emergency ex-parte order for protective services or protective placement or for an order for nonemergency protective services or protective placement shall be held under the following conditions: (1) the adult shall be present unless the court determines it is impossible for the adult to be […]
Section 27-7-28 – Legal proceedings; filing.
For all legal proceedings called for in the Adult Protective Services Act, attorneys for the department or the district attorney’s office shall file all proceedings on behalf of the petitioner. History: Laws 1989, ch. 389, § 15.
Section 27-7-18 – Repealed.
History: Laws 1989, ch. 389, § 5; 1997, ch. 132, § 4; repealed Laws 2005, ch. 321, § 14. ANNOTATIONS Repeals. — Laws 2005, ch. 321, § 14 repealed 27-7-18 NMSA 1978, as enacted by Laws 1989, ch. 389, § 5, relating to creation of adult protective services advisory board, effective June 17, 2005. For […]
Section 27-7-19 – Department; duties; penalty.
A. The department shall: (1) develop, maintain and update as needed a process to receive a report or referral of suspected abuse, neglect or exploitation of an adult; (2) assess an adult and the adult’s situation to determine what immediate protective services or protective placement may be required; (3) conduct an investigation to determine if […]
Section 27-7-1 to 27-7-13 – Repealed.
ANNOTATIONS Repeals. — Laws 1989, ch. 389, § 20 repealed 27-7-1 through 27-7-13 NMSA 1978, as enacted by Laws 1982, ch. 36, §§ 1, 2, and 4 to 13, and as amended by Laws 1987, ch. 72, § 1, relating to adult protective services, effective June 16, 1989. For present comparable provisions, see 27-7-14 NMSA […]
Section 27-7-14 – Short title.
Sections 27-7-14 through 27-7-31 NMSA 1978 may be cited as the “Adult Protective Services Act”. History: Laws 1989, ch. 389, § 1; 1990, ch. 79, § 1. ANNOTATIONS Cross references. — For criminal records screening for caregivers employed by care providers, see 29-17-2 to 29-17-5 NMSA 1978. Am. Jur. 2d, A.L.R. and C.J.S. references. — […]
Section 27-7-15 – Legislative findings; purpose.
A. The legislature recognizes that many adults in the state are unable to manage their own affairs or protect themselves from abuse, neglect or exploitation. The legislature further recognizes that the state should protect adults by providing for the detection, correction and elimination of abuse, neglect or exploitation through a program of short-term services for […]
Section 27-7-16 – Definitions.
As used in the Adult Protective Services Act: A. “ability to consent” means an adult’s ability to understand and appreciate the nature and consequences of proposed protective services or protective placement, including benefits, risks and alternatives to the proposed services or placement and to make or communicate an informed decision; B. “abuse” means: (1) knowingly, […]
Section 27-7-17 – Adult protective services system.
A. Subject to the availability of funds, the department shall develop a coordinated system of protective services or protective placement for incapacitated or protected adults who have been abused, neglected or exploited. In planning this system, the department shall obtain the advice of agencies, corporations, boards and associations involved in the provision of social, health, […]