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

Universal Citation: 8 NM Admin Code 8.10.7.9

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.

(1) Direct contact between PSD workers and respondent's counsel is limited to the exchange of routine information, such as, time for visitation and the name of psychologist to perform evaluation.

(2) PSD routinely informs the guardian ad litem or child's attorney about important decisions relating to the child.

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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