A. Chapter 32A, Article 3A NMSA 1978 may be cited as the “Family Services Act”. B. The Family Services Act shall be interpreted and construed to effectuate the following expressed legislative purposes: (1) to recognize that many instances of a child’s behavior are symptomatic of a family in need of family services; and (2) to […]
Any parent, guardian or custodian whose child is in voluntary placement shall have the following rights with respect to the child: A. the right of reasonable visitation with the child; B. the right to be informed of changes in the child’s school or of changes in the child’s placement by the department; and C. the […]
A. In an emergency placement situation, when a child must be placed in a home due to the absence of parents or custodians, the department or a criminal justice agency shall perform a federal name-based criminal history record check of each adult residing in the home. The results of the name-based check shall be provided […]
Foster parents and children in the custody of foster parents who are residents of the state shall be provided free admission to state-owned museums and state parks; provided that eligibility for free admission shall be contingent upon demonstration of proof of identity, residency and status as a foster parent or child in the custody of […]
A. By January 1, 2020, the department, in consultation with medicaid managed care organizations, private insurers, the office of superintendent of insurance, the human services department and the department of health, shall develop rules to guide hospitals, birthing centers, medical providers, medicaid managed care organizations and private insurers in the care of newborns who exhibit […]
A. If the parents, relatives, guardians or caretakers of a child released from a hospital or freestanding birthing center pursuant to a plan of care fail to comply with that plan, the department shall be notified and the department may conduct a family assessment. Based on the results of the family assessment, the department may […]
A. An individual’s participation in the state’s medical cannabis program established pursuant to the Lynn and Erin Compassionate Use Act [26-2B-1 to 26-2B-7 NMSA 1978] shall not in itself constitute grounds for: (1) intervention, removal or placement into state custody of a child in that individual’s care pursuant to the Abuse and Neglect Act [Chapter […]
As used in the Family Services Act: A. “child or family in need of family services” means a family: (1) whose child’s behavior endangers the child’s health, safety, education or well-being; (2) whose child is excessively absent from public school as defined in the Attendance for Success Act [22-12A-1 to 22-12A-14 NMSA 1978]; (3) whose […]
A. Any child or family member who has a reasonable belief that the child or family is in need of family services may request family services from the department. B. Any person, including a public or private school principal, who has a reasonable belief that a child or family is in need of family services […]
A. The department shall, subject to the availability of resources, design and implement a referral process to assist a child or family in accessing appropriate services. B. When the child involved in the referral process is an Indian child, the assessment and referral process shall include contact with the Indian child’s tribe for the purpose […]
History: 1978 Comp., § 32A-3A-5, enacted by Laws 1993, ch. 77, § 67; repealed by Laws 2005, ch. 189, § 77. ANNOTATIONS Repeals. — Laws 2005, Chapter 189, § 77 repealed 32A-3A-5 NMSA 1978, as enacted by Laws 1993, ch. 77, § 67, relating to plan for family services, effective June 17, 2005. Because the […]
A. Upon written application by a parent, guardian or custodian, and if good cause is shown, the department may accept custody of a minor child for temporary voluntary placement outside the home. B. Prior to accepting any child for voluntary placement, the department shall document the following: (1) the efforts made by the department to […]
A. No child shall remain in voluntary placement for longer than one hundred eighty consecutive days or for more than one hundred eighty days in any calendar year; provided that a child may remain in voluntary placement up to an additional one hundred eighty consecutive days upon order of the court after the filing of […]
If any child has remained in voluntary placement for longer than three hundred sixty-five days in any two-year period and the parent, guardian or custodian of the child refuses to or cannot accept the child back into the parent’s, guardian’s or custodian’s custody, the department shall immediately file a petition alleging that the child is […]
A parent, guardian or custodian may at any time demand and obtain the return of a child voluntarily placed outside the home. The child shall be returned within seventy-two hours of the demand; however, the department may prevent the immediate return by requesting the children’s court attorney to file a petition alleging neglect or abuse […]
