N. M. S. A. 1978, ? 32A-2-32
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West's New Mexico Statutes Annotated Currentness
Chapter 32A. Children's Code (Refs & Annos)
Article 2. Delinquency (Refs & Annos)
? 32A-2-32. Confidentiality; records
A.
All records pertaining to the child, including all related social
records, behavioral health screenings, diagnostic evaluations,
psychiatric reports, medical reports, social studies reports, records
from local detention facilities, client-identifying records from
facilities for the care and rehabilitation of delinquent children,
pre-parole or supervised release reports and supervision histories
obtained by the juvenile probation office, parole officers and the
juvenile public safety advisory board or in possession of the
department, are confidential and shall not be disclosed directly or
indirectly to the public.
B.
The disclosure of all mental health and developmental disability
records shall be made pursuant to the Children's Mental Health and
Developmental Disabilities Act.
C.
The records described in Subsection A of this section, other than
mental health and developmental disability records, shall be disclosed
only to any of the following, provided that the agency, person or
institution receiving information shall not re-release the information
without proper consent or as otherwise provided by law:
(1) court personnel;
(2) the child's court appointed special advocates;
(3) the child's attorney or guardian ad litem representing the child in any matter;
(4) department personnel;
(5) corrections department personnel;
(6) law enforcement officials when the request is related to the investigation of a crime;
(7) district attorneys or children's court attorneys;
(8) a state government social services agency in any state;
(9) those persons or entities of a child's Indian tribe specifically authorized to inspect such records pursuant to the federal Indian Child Welfare Act of 1978 [FN1] or any regulations promulgated under that act;
(10) tribal juvenile justice system and social service representatives;
(11)
a foster parent, if the records are those of a child currently placed
with that foster parent or of a child being considered for placement
with that foster parent, when the disclosure of the information is
necessary for the child's treatment or care and shall include only that
information necessary to provide for treatment and care of the child;
(12)
school personnel involved with the child if the records concern the
child's educational needs, but shall only include that information
necessary to provide for the child's educational planning and needs;
(13)
a health care or mental health professional involved in the evaluation
or treatment of the child, the child's parents, guardians or custodian
or other family members;
(14) representatives of the protection and advocacy system;
(15)
the child's parent, guardian or legal custodian when the disclosure of
the information is necessary for the child's treatment or care and shall
include only that information necessary to provide for the treatment or
care of the child;
(16) any other person or entity, by order of the court, having a legitimate interest in the case or the work of the court who agrees not to otherwise release the records; and
(17) the child, if fourteen years of age or older.
D.
If disclosure of otherwise confidential records is made to the child or
any other person or entity pursuant to a valid release of information
signed by the child, all victim or witness identifying information shall
be redacted or otherwise deleted.
E.
Whoever intentionally and unlawfully releases any information or
records closed to the public pursuant to this section or releases or
makes other unlawful use of records in violation of this section is
guilty of a petty misdemeanor.
F.
The department shall promulgate rules for implementing disclosure of
records pursuant to this section and in compliance with state and
federal law and the Children's Court Rules.