A. When the department takes a child into protective custody and the child is not released to the child’s parent, guardian or custodian, the department shall provide written notice as soon as possible, and in no case later than twenty-four hours, to the child’s parent, guardian or custodian, with a statement of the reasons for taking the child into protective custody.

Terms Used In New Mexico Statutes 32A-3B-5

  • 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.

B. When the department releases a child placed in protective custody to the family, the department shall refer the family for voluntary family services.

C. When the department releases a child from protective custody and the child’s parent, guardian or custodian refuses to allow the child to return home, the department shall file a petition pursuant to the provisions of the Abuse and Neglect Act [N.M. Stat. Ann. Chapter 32A, Article 4].

D. If the department is not releasing the child to the parent, guardian or custodian within two days, the department shall notify the tribe if the child is an Indian child.

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