This act [32A-6A-1 to 32A-6A-30 NMSA 1978] may be cited as the “Children’s Mental Health and Developmental Disabilities Act”. History: Laws 2007, ch. 162, § 1. ANNOTATIONS Cross references. — For Adult Mental Health and Developmental Disabilities Code, see 43-1-2 NMSA 1978. For provisions of the 1995 Children’s Mental Health and Developmental Disabilities Act, see […]
A. When providing any treatment or habilitation, physical restraint and seclusion shall not be used unless an emergency situation arises in which it is necessary to protect a child or another from imminent, serious physical harm or unless another less intrusive, nonphysical intervention has failed or been determined ineffective. B. A treatment and habilitation program […]
A mental health or developmental disabilities professional who administers restraint or seclusion shall receive training in current professionally accepted practices and standards regarding: A. positive behavior interventions strategies and supports; B. functional behavior assessment and behavior intervention planning; C. prevention of self-injurious behaviors; D. methods for identifying and defusing potentially dangerous behavior; and E. restraint […]
A. A child in an out-of-home treatment or habilitation program shall have, in addition to other rights set forth in the Children’s Mental Health and Developmental Disabilities Act, the right to: (1) be placed in a manner consistent with the least restrictive means principle; (2) have access to the state’s designated protection and advocacy system […]
A. A child shall be represented by an attorney at all commitment or treatment guardianship proceedings under the Children’s Mental Health and Developmental Disabilities Act if the child is fourteen years of age or older or by a guardian ad litem if the child is under fourteen years of age. B. When a child has […]
A. Except as provided in Subsection B of this section, the informed consent of a child’s legal custodian shall be required before treatment or habilitation, including psychotherapy or psychotropic medications, is administered to a child under fourteen years of age. B. A child under fourteen years of age may initiate and consent to an initial […]
A. A child fourteen years of age or older is presumed to have capacity to consent to treatment without consent of the child’s legal custodian, including consent for individual psychotherapy, group psychotherapy, guidance counseling, case management, behavioral therapy, family therapy, counseling, substance abuse treatment or other forms of verbal treatment that do not include aversive […]
A. When a child fourteen years of age or older has been determined according to the provisions of this section to lack capacity, the child’s legal custodian may make a mental health or habilitation decision for the child unless the child objects to such decision or the legal custodian’s assumption of authority to make mental […]
A. If no legal custodian is reasonably available to make mental health decisions for a child fourteen years of age or older who has been determined to lack capacity or if a clinician who proposes a course of treatment objects to a challenge made by the child to a determination of incapacity, the clinician shall […]
A. A child fourteen years of age or older who has capacity also has the right to direct the child’s own treatment in the event of later incapacity. To do so, the child may give an individual instruction regarding the child’s own treatment or habilitation. The individual instruction may be limited to take effect only […]
A. A peace officer may detain and transport a child for emergency mental health evaluation and care in the absence of a legally valid order from the court only if the peace officer: (1) has reasonable grounds to believe the child has just attempted suicide; (2) based upon personal observation and investigation, has reasonable grounds […]
The purposes of the Children’s Mental Health and Developmental Disabilities Act are to: A. provide children with access to appropriate assessments, services and treatment; B. provide children access to a continuum of services to address their habilitation and treatment needs; C. provide children with access to services for identification, prevention and intervention for developmental and […]
A. A child younger than fourteen years of age shall not receive residential treatment for a mental disorder or habilitation for a developmental disability, except as provided in this section. B. A child younger than fourteen years of age may be admitted to a residential treatment or habilitation program for a period not to exceed […]
A. A child fourteen years of age or older shall not receive treatment for mental disorders or habilitation for developmental disabilities on a voluntary residential basis, except as provided in this section. B. An admission of a child fourteen years of age or older to a residential treatment or habilitation program is voluntary when it […]
A. A child may not receive treatment for mental disorders or habilitation for developmental disabilities on an involuntary residential basis except as provided in this section. B. A child afforded rights under the Children’s Mental Health and Developmental Disabilities Act shall be advised of those rights at that child’s first appearance before the court on […]
A. A person providing mental health and developmental disability services to a child and a treatment facility providing mental health and developmental disability services to a child shall not be liable if: (1) the child does not require detention, treatment or services; (2) the admission or treatment was made solely on the basis of misrepresentations […]
A. Except as otherwise provided in the Children’s Mental Health and Developmental Disabilities Act, a person shall not, without the authorization of the child, disclose or transmit any confidential information from which a person well-acquainted with the child might recognize the child as the described person or any code, number or other means that could […]
A court may conduct the proceedings required by the Children’s Mental Health and Developmental Disabilities Act or may, by general or special order, appoint a special commissioner to do so. The special commissioner shall be a licensed attorney. Upon conclusion of the hearing, the special commissioner shall file findings and recommendations with the court promptly. […]
When a child is to be placed in a residential treatment or habilitation program or to be returned to the program during placement, the court ordering the placement or authorizing the return of the child may direct the sheriff, the New Mexico state police or other appropriate persons to furnish suitable transportation in order to […]
A child who believes that rights established by the Children’s Mental Health and Developmental Disabilities Act or by the constitution of the United States or the constitution of New Mexico have been violated shall have a right to petition the court for redress. The child shall be represented by counsel. The court shall grant relief […]
