New Mexico Administrative Code
Title 8 - SOCIAL SERVICES
Chapter 10 - CHILD PROTECTIVE SERVICES
Part 7 - PROTECTIVE SERVICES LEGAL
Section 8.10.7.12 - LITIGATION CONSIDERATIONS

Universal Citation: 8 NM Admin Code 8.10.7.12

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

A. PSD shall make reasonable efforts to prevent removal of the child and, when removal is necessary, PSD shall make reasonable efforts to reunify the child, and to finalize the child's current permanency plan.

B. Reasonable efforts to prevent a child's removal from home, or to reunify the child and family shall not be required if PSD obtains a judicial determination that such efforts are not required because:

(1) a court of competent jurisdiction has determined that the parent has subjected the child to aggravated circumstances as set forth in the New Mexico Children's Code; or

(2) the parent or custodian has been convicted, by a court of competent jurisdiction, of murder or voluntary manslaughter of another child of the parent, or of aiding or abetting, attempting, conspiring, or soliciting to commit such a murder or voluntary manslaughter, or convicted of a felony assault that results in serious bodily injury to the child or another child of the parent.

C. The child or youth participates in court proceedings in their case unless it is determined not to be in the child's or youth's best interest. At the permanency hearing, the child is consulted, in an age-appropriate manner, about the permanency plan developed for the child.

D. PSD shall pursue obtaining use immunity when PSD's reunification efforts may conflict with a criminal prosecution.

E. The PSD worker is PSD's primary witness on case planning issues.

F. PSD shall give the children's court attorney advance notice of all witnesses, expert or otherwise, to be called to allow sufficient time to secure subpoenas and service by the sheriff's department or contracted process servers. PSD shall reimburse for expert testimony, time and travel according to established guidelines. Payments which exceed the established guidelines shall be approved by the chief children's court attorney.

G. In a case where a parent has a recognizable mental or physical disability, PSD shows how services provided were designed to address the disability within the context of the parenting plan.

H. PSD shall seek to obtain judicial determinations that are made on a case-by-case basis, and in which the court states the specific reasons for its determination.

I. When a court rules against PSD on a significant issue, the children's court attorney shall initiate a discussion with the child's worker and the appellate attorney to determine whether there are grounds to appeal and the ramifications of the appeal on the department.

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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