N. M. S. A. 1978, ? 32A-4-22
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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-4-22. Disposition of adjudicated abused or neglected child
A.
If not held in conjunction with the adjudicatory hearing, the
dispositional hearing shall be commenced within thirty days after the
conclusion of the adjudicatory hearing. At the conclusion of the
dispositional hearing, the court shall make and include in the
dispositional judgment its findings on the following:
(1)
the interaction and interrelationship of the child with the child's
parent, siblings and any other person who may significantly affect the
child's best interest;
(2) the child's adjustment to the child's home, school and community;
(3) the mental and physical health of all individuals involved;
(4) the wishes of the child as to the child's placement;
(5) the wishes of the child's parent, guardian or custodian as to the child's custody;
(6)
whether there exists a relative of the child or other individual who,
after study by the department, is found to be qualified to receive and
care for the child;
(7)
the availability of services recommended in the treatment plan prepared
as a part of the predisposition study in accordance with the provisions
of Section 32A-4-21 NMSA 1978;
(8) the ability of the parent to care for the child in the home so that no harm will result to the child;
(9)
whether reasonable efforts were used by the department to prevent
removal of the child from the home prior to placement in substitute care
and whether reasonable efforts were used to attempt reunification of
the child with the natural parent;
(10)
whether reasonable efforts were made by the department to place
siblings in custody together, unless such joint placement would be
contrary to the safety or well-being of any of the siblings in custody,
and whether any siblings not jointly placed have been provided
reasonable visitation or other ongoing interaction, unless visitation or
other ongoing interaction would be contrary to the safety or well-being
of any of the siblings; and
(11) 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 have been
followed and whether the Indian child's treatment plan provides for
maintaining the Indian child's cultural ties. When placement
preferences have not been followed, good cause for noncompliance shall
be clearly stated and supported.
B.
If a child is found to be neglected or abused, the court may enter its
judgment making any of the following dispositions to protect the welfare
of the child:
(1)
permit the child to remain with the child's parent, guardian or
custodian, subject to those conditions and limitations the court may
prescribe;
(2) place the child under protective supervision of the department; or
(3) transfer legal custody of the child to any of the following:
(a) the noncustodial parent, if it is found to be in the child's best interest;
(b) an agency responsible for the care of neglected or abused children; or
(c)
a child-placement agency willing and able to assume responsibility for
the education, care and maintenance of the child and licensed or
otherwise authorized by law to receive and provide care for the child.
C.
If a child is found to be neglected or abused, in its dispositional
judgment the court shall also order the department to implement and the
child's parent, guardian or custodian to cooperate with any treatment
plan approved by the court. Reasonable efforts shall be made to
preserve and reunify the family, with the paramount concern being the
child's health and safety. The court may determine that reasonable
efforts are not required to be made when the court finds that:
(1) the efforts would be futile; or
(2) the parent, guardian or custodian has subjected the child to aggravated circumstances.
D.
Any parent, guardian or custodian of a child who is placed in the legal
custody of the department or other person pursuant to Subsection B of
this section shall have reasonable rights of visitation with the child
as determined by the court, unless the court finds that the best
interests of the child preclude any visitation.
E. The court may order reasonable visitation between a child placed in the custody
of the department and the child's siblings or any other person who may
significantly affect the child's best interest, if the court finds the
visitation to be in the child's best interest.
F.
Unless a child found to be neglected or abused is also found to be
delinquent, the child shall not be confined in an institution
established for the long-term care and rehabilitation of delinquent
children.
G.
When the court vests legal custody in an agency, institution or
department, the court shall transmit with the dispositional judgment
copies of the clinical reports, the predisposition study and report and
any other information it has pertinent to the care and treatment of the
child.
H.
Prior to a child being placed in the custody or protective supervision
of the department, the department shall be provided with reasonable oral
or written notification and an opportunity to be heard. At any
hearing held pursuant to this subsection, the department may appear as a
party.
I.
When a child is placed in the custody of the department, the department
shall investigate whether the child is eligible for enrollment as a
member of an Indian tribe and, if so, the department shall pursue the
enrollment on the child's behalf.
J.
When the court determines pursuant to Subsection C of this section that
no reasonable efforts at reunification are required, the court shall
conduct, within thirty days, a permanency hearing as described in
Section 32A-4-25.1 NMSA 1978. Reasonable efforts shall be made to
implement and finalize the permanency plan in a timely manner.