New Mexico Statutes 32A-4-14. Change in placement
A. When the child’s placement is changed, including a return to the child’s home, written notice of the factual grounds supporting the change in placement shall be sent to the child’s guardian ad litem or attorney, all parties, the child’s CASA, the child’s foster parents and the court ten days prior to the placement change, unless an emergency situation requires moving the child prior to sending notice.
Terms Used In New Mexico Statutes 32A-4-14
- 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 child, by and through the child’s guardian ad litem or attorney, files a motion and requests a court hearing to contest the proposed change, the department shall not change the child’s placement pending the results of the court hearing, unless an emergency requires changing the child’s placement prior to the hearing.
C. When a child’s placement is changed without prior notice as provided for in Subsection A of this section, written notice shall be sent to the child’s guardian ad litem or attorney, all parties, the child’s CASA, the child’s foster parents and the court within three days after the placement change.
D. Written notice is not required for removal of a child from temporary emergency care, emergency foster care or respite care. The department shall provide oral notification of the removal to the child’s guardian ad litem or attorney.
E. Notice need not be given to the parties, other than the child, or to the court when placement is changed at the request of the child’s foster parents or substitute care provider. Notice shall be given to the child’s guardian ad litem or attorney.