NMRA, R. 10-312
 
New Mexico Statutes Annotated Currentness
State Court Rules
Children's Court Rules and Forms
Article 3. Abuse and Neglect Proceedings and Families in Need of Court Ordered Services
RULE 10-312. FILING OF PETITION; AMENDMENT OF PETITION; APPOINTMENT OF GUARDIAN AD LITEM OR ATTORNEY

A. Form and Contents. Petitions or amended petitions alleging abuse or neglect shall be in a form approved by the Supreme Court.

B. Time Limits. If a child is taken into custody, a petition alleging abuse or neglect shall be filed by the department within two (2) days from the date that the child is taken into emergency custody by the department. If a petition is not filed within the time set forth in this paragraph, the child shall be released to the child's parents, guardian or custodian.

C. Service. A petition alleging abuse or neglect shall be served as provided by Rule 10-103 NMRA of these rules. A copy of the petition shall also be served on a parent who has not been made a party with a notice that the parent may intervene and request custody of the child.

D. Appointment of Guardian Ad Litem or Attorney. Upon the filing of a petition in an abuse or neglect proceeding, a guardian ad litem shall be appointed by the court to represent the best interest of any child under the age of fourteen (14). The court shall appoint an attorney to represent any child who is fourteen (14) years of age or older.

E. Notice to Indian Tribes. If the alleged abused or neglected child is enrolled or eligible for enrollment in an Indian tribe, the Children, Youth and Families Department shall give notice of the filing of the petition to the child's Indian tribe. The form and manner of the notice shall comply with the provisions of the federal Indian Child Welfare Act of 1978.

F. Amended Petitions. The department may file an amended petition alleging abuse or neglect:

(1) once as a matter of course at any time within twenty (20) days after it is served; or

(2) upon leave of court.

CREDIT(S)

[Approved effective April 1, 1976. Recompiled and amended February 1, 1982. Amended effective May 1, 1986; August 1, 1999; March 15, 2006. Former Rule 10-305 is recompiled and amended as Rule 10-312 effective January 15, 2009. Amended effective Jan. 31, 2011.]

Current with amendments received through 6/1/2011


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