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N.M. Stat. § 32A-4-25
New Mexico Statutes
Chapter
32A. Children's Code
Article
4. Abuse and Neglect Act
§ 32A-4-25. Periodic
review of dispositional judgments
A. The initial judicial review shall be held within sixty days of the
disposition. At the initial review, the parties shall demonstrate to the
court efforts made to implement the treatment plan approved by the court
in its dispositional order. The court shall determine the extent to which
the treatment plan has been implemented and make supplemental orders as
necessary to ensure compliance with the treatment plan and the safety
of the child. Prior to the initial judicial review, the department shall
submit a copy of the adjudicatory order, the dispositional order and notice
of the initial judicial review to the local substitute care review board
for that judicial district created under the Citizen Substitute Care Review
Act. A representative of the local substitute care review board shall
be permitted to attend and comment to the court.
B.
Subsequent periodic reviews of dispositional orders shall be held within
six months of the conclusion of the permanency hearing or, if a motion
has been filed for termination of parental rights or permanent guardianship,
within six months of the decision on that motion and every six months
thereafter. Prior to the review, the department shall submit a progress
report to the local substitute care review board for that judicial district
created under the Citizen Substitute Care Review Act. Prior to any judicial
review by the court pursuant to this section, the local substitute care
review board may review the dispositional order or the continuation of
the order and the department's progress report and report its findings
and recommendations to the court. The review may be carried out by either
of the following:
(1)
a judicial review hearing conducted by the court; or
(2)
a judicial review hearing conducted by a special master appointed by the
court; provided, however, that the court approve any findings made by
the special master.
C.
The children's court attorney shall give notice to all parties, the child's
guardian ad litem, the child's CASA, a contractor administering the local
substitute
care review board and the child's foster parent or substitute care provider
of the time, place and purpose of any judicial review hearing held pursuant
to Subsection A or B of this section.
D.
At any judicial review hearing held pursuant to Subsection B of this section,
the department, the child's guardian ad litem and all parties given notice
pursuant to Subsection C of this section shall have the opportunity to
present evidence and to cross-examine witnesses. At the hearing, the department
shall show that it has made reasonable effort to implement any treatment
plan approved by the court in its dispositional order and shall present
a treatment plan consistent with the purposes of the Children's Code for
any period of extension of the dispositional order. The respondent shall
demonstrate to the court that efforts to comply with the treatment plan
approved by the court in its dispositional order and efforts to maintain
contact with the child were diligent and made in good faith. The court
shall determine the extent of compliance with the treatment plan and whether
progress is being made toward establishing a stable and permanent placement
for the child.
E.
The Rules of Evidence shall not apply to hearings held pursuant to this
section. The court may admit testimony by any person given notice of the
hearing who has information about the status of the child or the status
of the treatment plan.
F.
At the conclusion of any hearing held pursuant to this section, the court
shall make findings of fact and conclusions of law.
G.
When the child is an Indian child, the court shall determine during review
of a dispositional order 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. When placement preferences have not been followed, good
cause for noncompliance shall be clearly stated and supported.
H.
Based on its findings at a judicial review hearing held pursuant to Subsection
B of this section, the court shall order one of the following dispositions:
(1)
dismiss the action and return the child to his parent without supervision
if the court finds that conditions in the home that led to abuse have
been corrected and it is now safe for the return of the abused child;
(2)
permit the child to remain with his parent, guardian or custodian subject
to those conditions and limitations the court may prescribe, including
protective supervision of the child by the department;
(3)
return the child to his parent and place the child under the protective
supervision of the department;
(4)
transfer or continue legal custody of the child to:
(a)
the noncustodial parent, if that is found to be in the child's best interests;
(b)
a relative or other individual who, after study by the department or other
agency designated by the court, is found by the court to be qualified
to receive and care for the child and is appointed as a permanent guardian
of the child; or
(c)
the department, subject to the provisions of Paragraph (6) of this subsection;
(5)
continue the child in the legal custody of the department with or without
any required parental involvement in a treatment plan. Reasonable efforts
shall be made to preserve and reunify the family, with the paramount concern
being the child's health and safety unless the court finds that such efforts
are not required. The court may determine that reasonable efforts are
not required to be made when the court finds that:
(a)
the efforts would be futile; or
(b)
the parent, guardian or custodian has subjected the child to aggravated
circumstances;
(6)
make additional orders regarding the treatment plan or placement of the
child to protect the child's best interests if the court determines the
department has failed in implementing any material provision of the treatment
plan or abused its discretion in the placement or proposed placement of
the child; or
(7)
if during a judicial review the court finds that the child's parent, guardian
or custodian has not complied with the court-ordered treatment plan, the
court may order:
(a)
the child's parent, guardian or custodian to show cause why he should
not be held in contempt of court; or
(b)
a hearing on the merits of terminating parental rights.
I.
Dispositional orders entered pursuant to this section shall remain in
force for a period of six months, except for orders that provide for transfer
of the child to the child's noncustodial parent or to a permanent guardian.
J.
The report of the local substitute care review board submitted to the
court pursuant to Subsection B of this section shall become a part of
the child's permanent court record.
K.
When the court determines, pursuant to Paragraph (5) of Subsection H 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 place
the child in a timely manner in accordance with the permanency plan and
to complete whatever steps are necessary to finalize the permanent placement
of the child.
L.
1993, Ch. 77, § 119; L. 1995, Ch. 206, § 24, eff. July 1, 1995;
L. 1997, Ch. 34, § 7, eff. July 1, 1997; L. 1999, Ch. 77, §
8, eff. July 1, 1999; L. 2005, Ch. 189, § 49, eff. June 17, 2005.
[FN1]
25 U.S.C.A. § 1901 et seq.
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