N.M. Stat. » N.M. Stat. / Chapter 32A / Article 1
New Mexico Statutes

N.M. Stat. § 32A-1-1 (2026)

Short title.

✓ current as of May 2026
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Chapter 32A NMSA 1978 may be cited as the "Children's Code".

History: 1978 Comp., § 32A-1-1, enacted by Laws 1993, ch. 77, § 10; 1995, ch. 206, §
1.

                                   ANNOTATIONS

Cross references. — For sexually oriented material harmful to minors, see 30-37-1
NMSA 1978.

For the Uniform Child-Custody Jurisdiction and Enforcement Act, see 40-10A-101
NMSA 1978.

For the Kinship Guardianship Act, see 40-10B-1 NMSA 1978.
For the Children's Court Rules, see 10-101 NMRA et seq.

The 1995 amendment, effective July 1, 1995, substituted "Chapter 32A" for "Chapter
32".

Decisions under prior law. — In light of the similarity of the provisions, annotations
decided under former Section 32-1-1 NMSA 1978 have been included in the
annotations to this section.

Termination of benefits pending hearing. — Combination of benefits received under
the Aid to Families with Dependent Children program, during the time the children are in
foster care pending an adjudicatory hearing to determine whether the children are being
abused or neglected and should remain in the custody of the Social Services Division, is
prohibited until after a full adjudicatory hearing and final judicial decision that the
children must be removed from the home. Kramer v. N. M. Human Servs. Dep't, 1992-
NMCA-100, 114 N.M. 479, 840 P.2d 1245.

Applicability of Children's Code to residents of federal enclave. — The state could
exercise its jurisdiction and apply the provisions of the Children's Code to those who
reside on a federal military enclave because, in those areas where the federal
government has no laws or regulations, there is no interference by the state when it
asserts jurisdiction; in such cases, there would be no need for the federal government to
relinquish its jurisdiction as provided in Section 19-2-2 NMSA 1978. State ex rel.
Children, Youth & Families Dep't v. Debbie F., 1995-NMCA-113, 120 N.M. 665, 905
P.2d 205, cert. denied, 120 N.M. 715, 905 P.2d 1119.

Violation of grade court. — The Children’s Code authorizes the children’s court to
order detention for violation of a grade court order. State v. Steven B., 2004-NMCA-086,
136 N.M. 111, 94 P.3d 854, cert. denied, 2004-NMCERT-007, 136 N.M. 452, 99 P.3d
1164.

Repeals and supersedes provisions of Delinquent Children's Act. — The Children's
Code repeals and supersedes many of the provisions of the former Delinquent
Children's Act, cited as Sections 13-8-1 through 13-8-73, 1953 Comp. 1972 Op. Att'y
Gen. No. 72-27.

Law reviews. — For comment, "The Freedom of the Press vs. The Confidentiality
Provisions in the New Mexico Children's Code," see 4 N.M.L. Rev. 119 (1973).

For survey, "Children's Court Practice in Delinquency and Need of Supervision Cases
Under the New Rules," see 6 N.M.L. Rev. 331 (1976).

For article, "Defending the Criminal Alien in New Mexico: Tactics and Strategy to Avoid
Deportation," see 9 N.M.L. Rev. 45 (1978-79).
For article, "The New Mexico Children's Code: Some Remaining Problems," see 10
N.M.L. Rev. 341 (1980).

For comment, "The Right to Be Present: Should It Apply to the Involuntary Civil
Commitment Hearing," see 17 N.M.L. Rev. 165 (1987).

Am. Jur. 2d, A.L.R. and C.J.S. references. — Authority of court to order juvenile
delinquent incarcerated in adult penal institution, 95 A.L.R.3d 568.

Failure of state or local government to protect child abuse victim as violation of federal
constitutional right, 79 A.L.R. Fed. 514.
Notes of Decisions
Cited in 38 cases (4 in the last 5 years), 1995–2025 · leading case: State v. RUDY B., 216 P.3d 810 (N.M. Ct. App. 2009).
Sort: Relevance Newest Treatment
State v. RUDY B., 216 P.3d 810 (N.M. Ct. App. 2009). · cites it 4× “…to end is a children's court adjudicatory process that is separate and distinct from the adult criminal process. See NMSA 1978, § 32A-1-1 (1995) (naming Chapter 32A NMSA as the "Children's Code"); NMSA 1978, § 32A-1-4(C) (2003) (amended 2005 and 2009) (defining the children's…”
State Ex Rel. Child., Youth & Families Dep't v. Benjamin O., 160 P.3d 601 (N.M. Ct. App. 2007). · cites it 2× “We nonetheless reverse the termination of Father’s parental rights because the district court’s findings are not sufficiently developed such that we can determine whether the district court properly terminated Father’s parental rights. Additionally, we take this opportunity to…”
State v. Nehemiah Child G., 417 P.3d 1175 (N.M. Ct. App. 2018). · cites it 2× “The State argues that it has both a statutory and constitutional right to appeal under NMSA 1978, Section 32A-1-17 (1999), NMSA 1978, Section 39-3-2 (1966), and Article VI, Section 2 of the New Mexico Constitution.”
State ex rel. Child., Youth & Families Dep't v. Amanda M., 2006 NMCA 133 (N.M. Ct. App. 2006). · cites it 2× “In its written findings of fact and conclusions of law, it found that Angelina was an abused child within the purview of the Children’s Code, NMSA 1978, §§ 32A-1-1 to 32A-23-8 (1993, as amended through 2005), and that: 6.”
State v. Anthony L., 433 P.3d 347 (N.M. Ct. App. 2018). · cites it 2× “{12} Two purposes of the Children's Code, NMSA 1978, §§ 32A-1-1 to -25-5 (1993, as amended through 2018), are pertinent to this case: (1) "to provide for the care, protection and wholesome mental and physical development of children .”
State v. Candace S., 274 P.3d 774 (N.M. Ct. App. 2011). · cites it 2× “A child subject to the provisions of the Delinquency Act is entitled to the same basic rights as an adult, except as otherwise provided in the Children's Code, including rights provided by the Delinquency Act, except as otherwise provided in the Children's Code [NMSA 1978, §§…”
State v. Steven B., 2004 NMCA 086 (N.M. Ct. App. 2004). · cites it 2× “Because children did not preserve the issue of whether grade court as a whole is authorized by the Children’s Code, NMSA 1978, §§ 32A-1-1 to - 21-7 (1993, as amended through 1999) (Code), we confine our opinion to the narrow issue of whether the Code authorizes the children’s…”
Hunnicutt v. Sewell, 219 P.3d 529 (N.M. Ct. App. 2009). · cites it 2× “Section 32A-3B-8(C) provides that “[i]n proceedings on a petition alleging a family in need of court-ordered services, the court shall appoint .”
State v. Anthony L., 2019 NMCA 3 (N.M. Ct. App. 2018). · cites it 2× “{12} Two purposes of the Children’s Code, NMSA 1978, §§ 32A-1-1 to -25-5 (1993, as amended through 2018), are pertinent to this case: (1) “to provide for the care, protection and wholesome mental and physical development of children .”
State v. Lorenzo P., 249 P.3d 85 (N.M. Ct. App. 2010). · cites it 2× “1 Because we hold that Gonzales applies equally to juveniles and to adults, and that the Children’s Code does not authorize the dismissal, we reverse.”
State ex rel. Chidren, Youth & Families Dep't v. Djamila B., 2015 NMSC 003 (N.M. Ct. App. 2014). · cites it 2× “The ANA The New Mexico Children’s Code, NMSA 1978, §§ 32A-1-1 to -24-5 (1993, as amended through 2009), incorporates the ANA and qualifies ANA policy and procedure.”
State Ex Rel. Child., Youth v. Steve C., 277 P.3d 484 (N.M. Ct. App. 2012). · cites it 2× “Rule 10-101(A) directs: Except as specifically provided by these rules, the following rules of procedure shall govern proceedings under the Children's Code [NMSA 1978, § 32A-1-1 (1995)]: (1) the Children's Court Rules govern procedure in the children's courts of New Mexico in…”
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