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§ 32A-3B-2 NMSA 1978

Definitions

Known as the Family in Need of Court-Ordered Services Act

The act spans §§ 32–32 (23 sections).

Applied in 1 court decision — leading case Millis Public Schools v. M.P. (2018)

Most recently applied in Millis Public Schools v. M.P. (February 2018)

1978 Comp., § 32A-3B-2, enacted by Laws 1993, ch. 77, § 74; 2007, ch. 185, § 1; 2009, ch. 193, § 5; 2019, ch. 101, § 2.

As used in Chapter 32A, Article 3B NMSA 1978, "family in need of court-ordered services" means the child or the family has refused family services or the department has exhausted appropriate and available family services and court intervention is necessary to provide family services to the child or family and it is a family:

A. whose child, subject to compulsory school attendance, is absent from school without an authorized excuse more than ten days during a school year;

B. whose child is absent from the child's place of residence for a time period of twelve hours or more without consent of the child's parent, guardian or custodian;

C. whose child refuses to return home and there is good cause to believe that the child will run away from home if forced to return to the parent, guardian or custodian;

D. in which the child's parent, guardian or custodian refuses to allow the child to return home and a petition alleging neglect of the child is not in the child's best interests; or

E. whose child is:

(1) alleged to be engaged in an act that would be designated as prostitution if committed by an adult; or

(2) a victim of human trafficking as defined in Section 30-52-1 NMSA 1978.

Official source: NMOneSource (New Mexico Compilation Commission). Reproduced from public-domain New Mexico statutes; confirm against the official source for the current text. Not legal advice.