New Mexico Administrative Code
Title 8 - SOCIAL SERVICES
Chapter 14 - JUVENILE JUSTICE
Part 2 - PROBATION AND AFTERCARE SERVICES
Section 8.14.2.9 - INTAKE AND DETENTION

Universal Citation: 8 NM Admin Code 8.14.2.9

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

A. Youth and family services (YFS) staff screen, assess, and recommend disposition on referrals to the appropriate authority. Supervisors review staff referral decisions.

(1) YFS staff date stamps the referral when the office receives the referral from law enforcement.

(2) If the client is not detained, the (PI) shall be conducted within thirty calendar days of receipt of the referral from law enforcement. The thirty calendar day time period may be extended upon determination by the department that an extension is necessary to conduct a thorough preliminary inquiry and that the extension is not prejudicial to the best interests of the client. Within two business days of the completion of the preliminary inquiry, probation services shall forward information therein to the children's court attorney.

(3) If the client is detained prior to conducting a (PI), the juvenile probation staff gives reasonable notice to the client's parent, guardian or custodian and/or the child's attorney and an opportunity to be present at the preliminary inquiry.

B. At the commencement of the preliminary inquiry, the juvenile probation officer shall advise the client, parent, guardian, or custodian of the client's basic rights.

(1) The client has the right to remain silent. If the client is questioned, the client has the right to refuse to answer any questions and may stop answering questions at any time.

(2) A child alleged to be a delinquent or in need of supervision has a privilege to refuse to disclose and to prevent any other person from disclosing confidential communications, either oral or written, between the child, parent, guardian or custodian and a juvenile probation officer which is made during the course of a preliminary inquiry (Rules of Evidence 11-509B NMRA).

(3) The client has the right to be represented by an attorney present at the PI and have an attorney present at all court proceedings against the client. If the client does not have an attorney for court proceedings, an attorney will be appointed.

(4) If the client is thirteen years or older, a statement made by the client can be used against the client only if their constitutional rights have been explained to the client, and the client knowingly and voluntarily waived their constitutional rights.

(5) The state is not entitled to use or introduce in court against the client a statement made out of court which is constitutionally inadmissible; evidence illegally seized or obtained or a statement or admission made out of court, unless it is corroborated by other evidence; and any confession, statements, or admissions on the allegation of the petition against a child under the age of thirteen (13) years.

(6) If the client is under the age of thirteen (13) years and is charged or adjudicated as a delinquent child, the client may not be finger printed or photographed for identification purposes, without a court order.

(7) If the client does not have a parent, guardian or custodian appearing on the client's behalf or the client's interest are in conflict with his/her parent, guardian or custodian, the client may request appointment of a guardian by the court.

(8) If the child is taken into custody and detained, the client has a right to a judicial determination of probable cause by a judge, special master, or magistrate court within forty-eight (48) hours including Saturdays, Sundays and legal holidays.

(9) The client may introduce evidence on his/her own behalf, confront and cross-examine witnesses testifying against him, have witnesses of his/her choosing subpoenaed, and may admit or deny the charges in the petition.

C. After the completion of the preliminary inquiry on a delinquency complaint involving a misdemeanor, probation services may notify the children's court attorney and recommend an appropriate disposition for the case. If the child has been referred for three or more prior misdemeanors within two years of the instant offense, juvenile probation services shall notify the children's court attorney and recommend an appropriate disposition for the case.

D. Youth and family services shall notify the children's court attorney of the receipt of any complaint involving an act that constitutes a felony under the applicable criminal law (Section 32A-2-5, NMSA, 1978). Youth and family services shall also recommend a disposition to the children's court attorney.

E. An Indian child's tribe is notified when an Indian child is referred to the department. Staff consults and exchanges information with the tribe when preparing reports or when placement of an Indian child is contemplated or ordered.

F. Staff may provide informal probation supervision for clients.

G. The use of detention is limited to cases involving protection of the public, prevention of self injury, transfer to another jurisdiction, or the risk of the client absconding (Sections 32A-2-11 and 32A-2-12, NMSA 1978). If a child under the age of eleven poses a substantial risk to harm to themselves or others, a peace officer may transport the child for an emergency mental health evaluation and care. If the child is over the age of eleven and detained.

(1) Staff utilize the detention screening tool.

(2) Staff notifies the parents/guardians/custodians of a child's detention within 24 hours of detention and the children's court within 48 hours of detention.

(3) Staff releases a client from detention within the time frame and conditions defined in supreme court rules and state statute.

(4) If the client is detained prior to conducting a preliminary inquiry, the juvenile probation officer gives reasonable notice to the client's parent, guardian or custodian and the child's attorney and an opportunity to be present at the preliminary inquiry.

(5) Clients ordered detained are placed in department certified juvenile detention facilities.

(6) At the detention hearing, staff recommends conditional or unconditional release from detention for a client for whom the district attorney/children's court attorney has filed a petition.

(7) Staff reviews the need for continued detention of a client and makes recommendations to the children's court regarding the release of the client when detention is no longer required.

(8) JPO staff visits clients remaining in detention at least weekly. Such contacts are made in person, whenever possible, and documented.

(9) Release from detention is based on client needs, available resources and any applicable conditions.

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.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.