N. M. S. A. 1978, ? 32A-4-18
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West's New Mexico Statutes Annotated Currentness
Chapter 32A. Children's Code (Refs & Annos)
Article 4. Child Abuse and Neglect (Refs & Annos)
? 32A-4-18. Custody hearings; time limitations; notice; probable cause
A.
When a child alleged to be neglected or abused has been placed in the
legal custody of the department or the department has petitioned the
court for temporary custody, a custody hearing shall be held within ten
days from the date the petition is filed to determine if the child
should remain in or be placed in the department's custody pending
adjudication. Upon written request of the respondent, the hearing
may be held earlier, but in no event shall the hearing be held sooner
than two days after the date the petition was filed.
B.
The parent, guardian or custodian of the child alleged to be abused or
neglected shall be given reasonable notice of the time and place of the
custody hearing.
C.
At the custody hearing, the court shall return legal custody of the
child to the child's parent, guardian or custodian unless probable cause
exists to believe that:
(1)
the child is suffering from an illness or injury, and the parent,
guardian or custodian is not providing adequate care for the child;
(2)
the child is in immediate danger from the child's surroundings, and
removal from those surroundings is necessary for the child's safety or
well-being;
(3) the child will be subject to injury by others if not placed in the custody of the department;
(4) there has been an abandonment of the child by the child's parent, guardian or custodian; or
(5) the parent, guardian or custodian is not able or willing to provide adequate supervision and care for the child.
D.
At the conclusion of the custody hearing, if the court determines that
probable cause exists pursuant to Subsection C of this section, the
court may:
(1) return legal custody of the child to the child's parent, guardian or custodian
upon such conditions as will reasonably ensure the safety and
well-being of the child, including protective supervision by the
department; or
(2) award legal custody of the child to the department.
E.
Reasonable efforts shall be made to preserve and reunify the family,
with the paramount concern being the child's health and safety.
F.
At the conclusion of the custody hearing, if the court determines that
probable cause does not exist pursuant to Subsection C of this section,
the court shall:
(1)
retain jurisdiction and, unless the court permits otherwise, order that
the respondent and child remain in the jurisdiction of the court
pending the adjudication;
(2)
return legal custody of the child to the child's parent, guardian or
custodian with conditions to provide for the safety and well-being of
the child; and
(3)
order that the child's parent, guardian or custodian allow the child
necessary contact with the child's guardian ad litem or attorney.
G.
At the conclusion of the custody hearing, the court may order the
respondent or the child alleged to be neglected or abused, or both, to
undergo appropriate diagnostic examinations or evaluations. If the
court determines that probable cause does not exist, the court may
order the respondent or the child alleged to be neglected or abused, or
both, to undergo appropriate diagnostic examinations or evaluations as
necessary to protect the child's best interests, based upon the
allegations in the petition and the evidence presented at the custody
hearing. Copies of any diagnostic or evaluation reports ordered by
the court shall be provided to the parties at least five days before
the adjudicatory hearing is scheduled. The reports shall not be
sent to the court.
H. The Rules of Evidence shall not apply to custody hearings.
I. Nothing in this section shall be construed to abridge the rights of Indian children pursuant to the federal Indian Child Welfare Act of 1978.