Section 43-1-13 – Involuntary commitment of developmentally disabled adults to residential care.
A. A guardian appointed pursuant to the Uniform Probate Code [Chapter 45 NMSA 1978] may file an application with an evaluation facility seeking residential habilitation services for the protected person. The application shall set forth the basis for the guardian’s belief that residential habilitation is necessary and shall include a copy of pertinent medical and […]
Section 43-1-14 – Voluntary admission to residential treatment or habilitation.
A. A person may voluntarily seek admission to residential treatment or habilitation. B. A guardian appointed under the Uniform Probate Code [Chapter 45 NMSA 1978], an agent or surrogate under the Uniform Health-Care Decisions Act [Chapter 24, Article 7A NMSA 1978] or an agent under the Mental Health Care Treatment Decisions Act [Chapter 24, Article […]
Section 43-1-5 – Competence.
Neither the fact that a person has been accepted at or admitted to a hospital or institutional facility, nor the receiving of mental health or developmental disability treatment services, shall constitute a sufficient basis for a finding of incompetence or the denial of any right or benefit of whatever nature which he would have otherwise. […]
Section 43-1-6 – Personal rights of residential clients.
All clients who receive residential treatment or habilitation services shall have the rights provided in this section. A. Subject to restrictions by a physician for good cause, each resident client has the right to receive visitors of his own choosing daily. Hours during which visitors may be received shall be limited only in the interest […]
Section 43-1-7 – Right to treatment.
Each resident client receiving mental health services shall have the right to prompt treatment pursuant to an individualized treatment plan and consistent with the least drastic means principle. History: 1953 Comp., § 34-2A-6, enacted by Laws 1977, ch. 279, § 6. ANNOTATIONS Law reviews. — For article, “Treating Children Under the New Mexico Mental Health […]
Section 43-1-8 – Right to habilitation.
Each resident client receiving developmental disabilities services shall have the right to prompt habilitation services pursuant to an individualized habilitation plan and consistent with the least drastic means principle. History: 1953 Comp., § 34-2A-7, enacted by Laws 1977, ch. 279, § 7.
Section 43-1-9 – Individualized treatment or habilitation plans.
A. An individualized treatment or habilitation plan shall be prepared within fourteen days of a client’s admission to residential treatment or services. B. Each client shall, to the maximum extent possible, be involved in the preparation of his own individualized treatment or habilitation plan. C. Each individualized treatment or habilitation plan shall include: (1) a […]
Section 43-1-10 – Emergency mental health evaluation and care.
A. A peace officer may detain and transport a person for emergency mental health evaluation and care in the absence of a legally valid order from the court only if: (1) the person is otherwise subject to lawful arrest; (2) the peace officer has reasonable grounds to believe the person has just attempted suicide; (3) […]
Section 43-1-1 – Mental condition of criminal defendants; evaluation; treatment.
A. Whenever a district court finds it necessary to obtain an evaluation of the mental condition of a defendant in a criminal case, the court shall order an evaluation from a qualified professional available to the local facilities of the court or from a qualified professional at a local mental health center designated by the […]
Section 43-1-2 – Short title.
Chapter 43, Article 1 NMSA 1978 may be cited as the “Mental Health and Developmental Disabilities Code”. History: 1953 Comp., § 34-2A-1, enacted by Laws 1977, ch. 279, § 1; 1989, ch. 128, § 2. ANNOTATIONS The 1989 amendment, effective June 16, 1989, substituted “Chapter 43, Article 1 NMSA 1978” for “Sections 1 through 19 […]