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N.M. Stat. § 32A-4-21
New Mexico Statutes
Chapter
32A. Children's Code
Article
4. Abuse and Neglect Act
§ 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 his parents,
siblings or any other person who may significantly affect the child's
best interest;
(3) the wishes of the
child as to his 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, his family and his foster care family and a summary
of reasonable efforts made to prevent removal of the child from his family
or reasonable efforts made to reunite the child with his 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 his parents to facilitate permanent placement of the
child in the parent's home; and
(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 his parent's home.
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.
L.
1993, Ch. 77, § 115; L. 1997, Ch. 34, § 5, eff. July 1, 1997.
[FN1]
25 U.S.C.A. § 1901 et seq.
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