A. Chapter 32A, Article 3B NMSA 1978 may be cited as the “Family in Need of Court-Ordered Services Act”. B. The Family in Need of Court-Ordered Services Act shall be interpreted and construed to effectuate the following expressed legislative purposes: (1) through court intervention, to provide services for a family in need of services when […]
A petition regarding an alleged family in need of court-ordered services shall not be filed unless the children’s court attorney, after consultation with the department, determines and endorses upon the petition that filing is in the best interests of the child and family. History: 1978 Comp., § 32A-3B-10, enacted by Laws 1993, ch. 77, § […]
A. A petition to initiate a proceeding regarding an alleged family in need of court-ordered services shall include the following allegations: (1) that the child or the family are in need of court-ordered family services; (2) that the child and the family participated in or refused to participate in a plan for family services and […]
A. An adjudicatory hearing for an alleged family in need of court-ordered services shall be commenced within sixty days after the date of service on the respondent. B. The children’s court attorney shall represent the state at the adjudicatory hearing. C. If the adjudicatory hearing is not commenced within the time limits specified in this […]
A. All hearings shall be recorded by stenographic notes or by electronic, mechanical or other appropriate means. B. All hearings regarding a family in need of court-ordered services shall be closed to the general public, subject to the following exceptions: (1) the parties, the parties’ counsel, witnesses and other persons approved by the court may […]
A. The court shall determine if the allegations of the petition are admitted or denied by the parent or child. If the allegations are denied, the court shall proceed to hear evidence on the petition. The court, after hearing all of the evidence regarding an alleged family in need of court-ordered services, shall make and […]
A. Prior to holding a dispositional hearing, the court shall direct the department to prepare a written family services plan for submission to the court. B. The plan for family services shall contain the following information: (1) a statement of the problem; (2) the needs of the child; (3) the needs of the family; (4) […]
A. At the conclusion of the dispositional hearing, the court shall set forth its findings on the following issues in the dispositional judgment: (1) the ability of the parent and child to share a residence; (2) the interaction and interrelationship of the child with the child’s parent, siblings and any other person who may significantly […]
A. If during any stage of a proceeding regarding a family in need of court-ordered services petition the evidence indicates that the child has or may have a developmental disability or a mental disorder, the court may order the department to: (1) secure an assessment of the child; (2) prepare appropriate referrals for services for […]
A. A judgment vesting legal custody of a child in an agency shall remain in force for an indeterminate period not exceeding two years from the date entered. B. A judgment vesting legal custody of a child in an individual, other than the child’s parent, shall remain in force for two years from the date […]
A. Within six months of any original dispositional order and within six months of any subsequent continuation of the order, the department shall petition the court for a review of the disposition of the family in need of court-ordered services order. The review may be carried out by either of the following: (1) a judicial […]
As used in Chapter 32A, Article 3B NMSA 1978, “family in need of court-ordered services” means the child or the family has refused family services or the department has exhausted appropriate and available family services and court intervention is necessary to provide family services to the child or family and it is a family: A. […]
A. The court shall order the parent to pay the reasonable costs of support and maintenance of the child that the parent is financially able to pay if a child is adjudicated to be a child of a family in need of court-ordered services and the court orders the child placed with an agency or […]
A. On motion by or on behalf of an individual who has been the subject of a petition filed under the Children’s Code, or on the court’s own motion, the court shall vacate its findings, orders and judgments on the petition, and order the legal and social files and records of the court, the department […]
A. All records or information concerning a family in need of court-ordered services, including social records, diagnostic evaluation, psychiatric or psychological reports, videotapes, transcripts and audio recordings of a child’s statement of abuse or medical reports, obtained as a result of an investigation in anticipation of or incident to a family in need of court-ordered […]
A. A child may be taken into protective custody by a law enforcement officer without a court order when the officer has reasonable grounds to believe that the child: (1) has run away from the child’s parent, guardian or custodian; (2) without parental supervision is suffering from illness or injury; (3) has been abandoned; (4) […]
A. A law enforcement officer who takes a child into protective custody shall, with all reasonable speed: (1) inform the child of the reasons for the protective custody; and (2) contact the department. B. When the department is contacted by a law enforcement officer who has taken a child into protective custody, the department shall […]
A. When the department takes a child into protective custody and the child is not released to the child’s parent, guardian or custodian, the department shall provide written notice as soon as possible, and in no case later than twenty-four hours, to the child’s parent, guardian or custodian, with a statement of the reasons for […]
A. Unless a child from a family in need of services who has been placed in department custody is also alleged or adjudicated delinquent: (1) the child shall not be held in a jail or other facility intended or used for the incarceration of adults charged with criminal offenses or for the detention of children […]
A. An Indian child accepted in department custody shall be placed in the least restrictive setting that most closely approximates a family in which the child’s special needs, if any, may be met. The Indian child shall be placed within reasonable proximity to the child’s home, taking into account any special needs of the child. […]
