New Mexico Administrative Code
Title 8 - SOCIAL SERVICES
Chapter 10 - CHILD PROTECTIVE SERVICES
Part 7 - PROTECTIVE SERVICES LEGAL
Section 8.10.7.11 - PROCEDURAL PRINCIPLES

Universal Citation: 8 NM Admin Code 8.10.7.11

Current through Register Vol. 35, No. 18, September 24, 2024

A. PSD shall comply with the provisions of the New Mexico Children's Code and the children's court rules.

B. Emergency custody given to PSD by law enforcement shall not be extended.

C. When protective supervision has been ordered, the child shall not be removed from their home absent emergency custody granted by law enforcement, or by an order of the court.

D. Legal custody includes the right to place a child. If PSD has legal custody, the court shall only order a specific placement when PSD has abused its discretion in the placement or proposed placement of a child.

E. Allegations of abuse or neglect shall be made for each individual named as a respondent in a petition. To perfect PSD's custody, both parents may be named as respondents. If there are no allegations as to one parent, then that parent may generally receive custody.

F. A father who does not have parental rights to the child, i.e. a constitutionally protected liberty interest, may be excluded from the petition.

G. A custodian may be named as a respondent.

H. If allegations of abuse or neglect are proven as to only one child, and PSD makes the decision that other siblings in the household are at risk and should be placed in PSD custody, then the children's court attorney utilizes New Mexico case law to seek custody of those at-risk children.

I. A hearing on custody pending an adjudicatory hearing shall be held within 10 working days of the filing of the petition. A judgment granting custody to PSD remains in force for an indeterminate period not to exceed two years. If custody is still required to protect the child, then PSD shall request an extension of custody prior to the expiration.

J. An adjudicatory hearing shall be held in regard to the abuse or neglect of each parent. The time frame shall run separately based on the respective dates of service on each parent.

K. Parties shall not extend the time frame for "commencing" the adjudicatory hearing by agreement. Parties may seek an extension by filing a petition with the children's court judge or the supreme court, as specified in Children's Court Rules 10-343 (Adjudicatory hearing; time limits; continuances).

L. Prior to the adjudicatory hearing and permanency hearing, PSD shall meet with the other parties and shall attempt to settle issues attendant to the hearing and proposed treatment plan that serves the child's best interest.

M. Cases in which the child is removed from the home:

(1) In the first court order that sanctions the removal of a child from the home, PSD shall seek a judicial determination that continuing in the home would be contrary to the child's welfare, or that placement would be in the best interest of the child.

(2) PSD shall seek to obtain, within 60 days from the date the child is removed, a judicial determination that reasonable efforts were made, or were not required, to prevent removal.

(3) If feasible, both judicial determinations shall be sought simultaneously.

N. In those cases where a child remains in voluntary foster care longer than 180 days, PSD shall obtain a judicial determination prior to the one hundred eightieth (180th) day that the child's placement in voluntary foster care is in the best interest of the child.

O. At the first judicial review, PSD shall report the child's immigration status to the court.

Disclaimer: These regulations may not be the most recent version. New Mexico may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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