N. M. S. A. 1978, ? 32A-4-21
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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-4-21. Neglect or abuse predisposition studies, reports and examinations
A.
Prior to holding a dispositional hearing, the court shall direct that a
predisposition study and report be submitted in writing to the court by
the department.
B. The predisposition study required pursuant to Subsection A of this section shall contain the following information:
(1)
a statement of the specific reasons for intervention by the department
or for placing the child in the department's custody and a statement of
the parent's ability to care for the child in the parent's home without
causing harm to the child;
(2)
a statement of how an intervention plan is designed to achieve
placement of the child in the least restrictive setting available,
consistent with the best interests and special needs of the child,
including a statement of the likely harm the child may suffer as a
result of being removed from the parent's home, including emotional harm
that may result due to separation from the child's parents, and a
statement of how the intervention plan is designed to place the child in
close proximity to the parent's home without causing harm to the child
due to separation from parents, siblings or any other person who may
significantly affect the child's best interest;
(3) the wishes of the child as to the child's custodian;
(4)
whether the child has a family member who, subsequent to study by the
department, is determined to be qualified to care for the child;
(5)
a description of services offered to the child, the child's family and
the child's foster care family and a summary of reasonable efforts made
to prevent removal of the child from the child's family or reasonable
efforts made to reunite the child with the child's family;
(6) a description of the home or facility in which the child is placed and the appropriateness of the child's placement;
(7) the results of any diagnostic examination or evaluation ordered at the custody hearing;
(8) a statement of the child's medical and educational background;
(9) if the child is an Indian child, whether the placement preferences set forth in the federal Indian Child Welfare Act of 1978 [FN1]
or the placement preferences of the child's Indian tribe were followed
and whether the child's treatment plan provides for maintaining the
child's cultural ties;
(10)
a treatment plan that sets forth steps to ensure that the child's
physical, medical, psychological and educational needs are met and that
sets forth services to be provided to the child and the child's parents
to facilitate permanent placement of the child in the parent's home;
(11)
for children sixteen years of age and older, a plan for developing the
specific skills the child requires for successful transition into
independent living as an adult, regardless of whether the child is
returned to the child's parent's home; and
(12)
a treatment plan that sets forth steps to ensure that the child's
educational needs are met and, for a child fourteen years of age or
older, a treatment plan that specifically sets forth the child's
educational and post-secondary goals; and
(13)
a description of the child's foster care placement and whether it is
appropriate in terms of the educational setting and proximity to the
school the child was enrolled in at the time of the placement, including
plans for travel for
the child to remain in the school in which the child was enrolled at
the time of placement, if reasonable and in the child's best interest.
C.
A copy of the predisposition report shall be provided by the department
to counsel for all parties five days before the dispositional hearing.
D.
If the child is an adjudicated abused child, any temporary custody
orders shall remain in effect until the court has received and
considered the predispositional study at the dispositional hearing.