New Mexico Administrative Code
Title 8 - SOCIAL SERVICES
Chapter 10 - CHILD PROTECTIVE SERVICES
Part 7 - PROTECTIVE SERVICES LEGAL
Section 8.10.7.9 - THE CHILDREN'S COURT ATTORNEY
Current through Register Vol. 35, No. 18, September 24, 2024
A. Role of the children's court attorney: The children's court attorney shall provide information, interpretation of law and general assistance to PSD in the provision of child protective services and presents PSD's recommendations in a court of law.
B. Attorney-client relationship: The primary decision-maker on the case shall be the PSD worker for the purpose of the attorney-client relationship.
C. Differences of opinion: When the children's court attorney, PSD worker and supervisor cannot agree on the most appropriate course of action, the issues shall be resolved between the managing children's court attorney and county office manager. The protective services director shall be the final arbiter in a decision.
D. Attorney-client privileged communications: Written and verbal communications concerning PSD business between a children's court attorney and a PSD worker is privileged. Privileged communications may not be disclosed to a third party outside the department unless a specific decision with the appropriate approval has been made to waive such privilege.
E. No conversations concerning settlement or disposition shall occur in the absence the children's court attorney representing PSD in the case.