Current through Register Vol. 35, No. 6, March 26, 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.
