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N.M. Stat. § 32A-2-32
New
Mexico Statutes
Chapter
32A. Children's Code
Article
2. Delinquency Act
§ 32A-2-32. Confidentiality;
records
A. All social records pertaining to the child, including all related 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
reports and supervision histories obtained by the juvenile probation office,
parole officers and parole board or in possession of the department, are
confidential and shall not be disclosed directly or indirectly to the
public.
B.
The records described in Subsection A of this section shall be disclosed
only to:
(1)
court personnel;
(2)
court appointed special advocates;
(3)
the child's attorney or guardian ad litem;
(4)
department personnel;
(5)
any local substitute care review board or any agency contracted to implement
local substitute care review boards;
(6)
corrections department personnel;
(7)
law enforcement officials;
(8)
district attorneys;
(9)
any state government social services agency in any state;
(10)
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 thereunder;
(11)
tribal juvenile justice system and social service representatives;
(12)
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;
(13)
school personnel involved with the child if the records concern the child's
educational needs as necessary for the child's educational planning and
shall include only that information necessary to provide for the child's
educational needs;
(14)
health care or mental health professionals involved in the evaluation
or treatment of the child, the child's parents, guardians or custodian
or other family members;
(15)
representatives of the protection and advocacy system;
(16)
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; and
(17)
any other person or entity, by order of the court, having a legitimate
interest in the case or the work of the court.
C.
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.
D.
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.
L.
1993, Ch. 77, § 61; L. 2003, Ch. 225, § 15, eff. July 1, 2003;
L. 2005, Ch. 189, § 24, eff. June 17, 2005.
[FN1]
25 U.S.C.A. § 1901 et seq.
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