Section 27-7-22 – Repealed.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 — Laws 2007, ch. 91, § 14 repealed 27-7-22 NMSA 1978, as enacted by Laws 1989, ch. 389, § 9, relating to protective placement evaluations, effective July 2, 2007.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Section 27-7-1 to 27-7-13 – Repealed.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 — Laws 1989, ch. 389, § 20 repealed 27-7-1 through 27-7-13 NMSA 1978, as enacted by Laws 1982, ch. 36, §§ 1, 2, and 4 to 13, and as amended by Laws 1987, ch. 72, § 1, relating to adult protective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, […]
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 […]