New Mexico Statutes 32A-3B-4. Protective custody; restrictions; time limitations
A. A law enforcement officer who takes a child into protective custody shall, with all reasonable speed:
Terms Used In New Mexico Statutes 32A-3B-4
- Arrest: Taking physical custody of a person by lawful authority.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
(1) inform the child of the reasons for the protective custody; and
(2) contact the department.
B. When the department is contacted by a law enforcement officer who has taken a child into protective custody, the department shall refer the child to community based services and may:
(1) accept custody of the child and designate an appropriate placement in the community for the child; or
(2) return the child to the child’s parent, guardian or custodian if the child’s safety is assured.
C. A child taken into protective custody shall not be placed in or transported in a law enforcement vehicle or any other vehicle that contains an adult placed under arrest, unless circumstances exist in which any delay in transporting the child to an appropriate facility would be likely to result in substantial danger to the child’s physical safety. When such circumstances exist, the circumstances shall be described in writing by the driver of the vehicle and submitted to the driver’s supervisor within two days after the driver transported the child.
D. A child taken into protective custody shall not be held involuntarily for more than two days, unless a petition to extend the custody is filed pursuant to the provisions of the Family in Need of Court-Ordered Services Act or the Abuse and Neglect Act.
E. When a petition is filed or any time thereafter, the children’s court or district court may issue an ex-parte custody order based upon a sworn written statement of facts showing that probable cause exists to believe that protective custody of the child is necessary.
F. The protective custody order shall be served on the respondent by a person authorized to serve arrest warrants and shall direct the law enforcement officer to take custody of the child and deliver the child to a place designated by the court.
G. The Rules of Evidence do not apply to the issuance of an ex-parte custody order.