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

N.M. Stat. § 32A-1-5 (2026)

Children's court established as division of district court;

✓ current as of May 2026
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    A. There is established in the district court for each county a division to be known as
the children's court. The district court of each judicial district shall designate one or more
district judges to sit as judge of the children's court.

   B. The supreme court shall adopt rules of procedure not in conflict with the
Children's Code governing proceedings in the children's court, including rules and
procedures for juries.

    C. If, in a criminal action, it appears to a court other than the children's court division
of the district court that jurisdiction is properly within the children's court division, the
other court shall transfer the matter to the children's court division. Upon transfer, the
children's court division obtains jurisdiction over the matter for proceedings in
accordance with the provisions of the Children's Code.

History: 1978 Comp., § 32A-1-5, enacted by Laws 1993, ch. 77, § 14.

                                       ANNOTATIONS

Decisions under prior law. — In light of the similarity of the provisions, annotations
decided under former Section 32-1-4 NMSA 1978 have been included in the
annotations to this section.

No constitutional violation. — Since the 1921 juvenile court law was applicable only
to special statutory proceedings set up therein, it did not abrogate the jurisdiction of
district courts over minors and therefore was not in violation of N.M. Const., art. VI, §
13. In re Santillanes, 1943-NMSC-011, 47 N.M. 140, 138 P.2d 503.

Division created. — The Juvenile Code (now Children's Code) created a division of the
district court. Peyton v. Nord, 1968-NMSC-027, 78 N.M. 717, 437 P.2d 716.

Court not inferior to district court. — The N.M. const., art. VI, § 1, authorizing
creation of inferior courts did not require that jurisdiction of district courts over juveniles,
provided in N.M. const., art. VI, § 13, be transferred to courts inferior to district courts;
the juvenile court (now children's court) created in 1955 was not a court inferior to the
district court but rather a division of the district court and was constitutionally created.
Peyton v. Nord, 1968-NMSC-027, 78 N.M. 717, 437 P.2d 716.
Jurisdiction of court. — A condition of probation in a criminal sexual contact case,
prohibiting defendant from having direct or indirect contact with all children under the
age of 18, including the victim of his crimes, did not amount to a "de facto" termination
of parental rights, necessitating jurisdiction within the children's court. State v. Garcia,
2005-NMCA-065, 137 N.M. 583, 113 P.3d 406.

Right to disqualify judge. — The fact that the Juvenile Code (now Children's Code)
created special procedures and special handling for minors accused of criminal
offenses, and no provision is made in the Juvenile Code (now Children's Code) for the
disqualification of a juvenile (now children's court) judge, does not mean that the
provisions of Section 38-3-9 NMSA 1978 are inapplicable to juvenile (now children's)
court proceedings. The juvenile (now children's court) judge is none other than the
district judge serving in another division of the district court and the juvenile is a party to
the action or proceeding and entitled to exercise the right of disqualification given her by
Section 38-3-9 NMSA 1978. Frazier v. Stanley, 1972-NMSC-028, 83 N.M. 719, 497
P.2d 230.

When judge not proper respondent in habeas corpus proceeding. — Juvenile (now
children's) court justice is not the proper party in habeas corpus proceeding since only
the person having the physical custody of a petitioner (here the sheriff), and who is able
to produce him in court, may properly be named as respondent in the habeas corpus
proceeding. Peyton v. Nord, 1968-NMSC-027, 78 N.M. 717, 437 P.2d 716.

Law reviews. — 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).

Am. Jur. 2d, A.L.R. and C.J.S. references. — 47 Am. Jur. 2d Juvenile Courts and
Delinquent and Dependent Children § 1 et seq.

Family court jurisdiction to hear contract claims, 46 A.L.R.5th 735.

43 C.J.S. Infants § 6.
Notes of Decisions
Cited in 12 cases (3 in the last 5 years), 1996–2025 · 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 v. Steven B., 2004 NMCA 086 (N.M. Ct. App. 2004). · cites it 4× “” NMSA 1978, § 32A-1-5 (1993); see, e.g., In re Santillanes, 47 N.”
Diamond v. Diamond, 2012 NMSC 22 (N.M. 2012). · cites it 3× “4 The children’s court is a division of the district court, NMSA1978, § 32A-1-5(A) (1993), with its own rales of procedure, id.”
State v. Nehemiah Child G., 417 P.3d 1175 (N.M. Ct. App. 2018). · cites it 2× “]" See also NMSA 1978, § 32A-1-5 (1993) (establishing the children's court as a division of the district court).”
State v. Garcia, 113 P.3d 406 (N.M. Ct. App. 2005). · cites it 2× “The Children’s Code provides that “a court other than the children’s court division of the district court” shall transfer a criminal action to the children’s court division of the district eourt if it appears that the “jurisdiction is properly within the children’s court…”
In re Christobal V., 2002 NMCA 077 (N.M. Ct. App. 2002). · cites it 2× “PROVISIONS OF RULE AND STATUTE {12} In his last argument, Child argues that Section 32A-2-23(G) of the Children’s Code conflicts with Rule 10-230.”
Adoption Petition of Rebecca M. v. Angel A., 2008 NMCA 038 (N.M. Ct. App. 2008). · cites it 2× “]”); NMSA 1978, § 32A-1-5(A) (1993) (establishing the children’s court as a division of the district court); NMSA 1978, {32A-1-8(A)(5) (2005) (“The court has exclusive original jurisdiction of all proceedings under the Children’s Code in which a person .”
State v. Eric M., 925 P.2d 1198 (N.M. 1996). · cites it 2× “Section 32A-1-5(B) states that "[t]he supreme court shall adopt rules of procedure not in conflict with the Children’s Code [this chapter] governing proceedings in the children’s court, including rules and procedures for juries.”
In re Kleinsmith, 2005 NMCA 136 (N.M. Ct. App. 2005). · cites it 2× “NMSA 1978, § 32A-1-4(C) (2003) (defining “court” to mean “the children’s court division of the district court”); NMSA, § 32A-1-5(A) (1993) (establishing children’s court as a division of the district court of each county); NMSA 1978, § 32A-1-8(A) (1993) (conferring “exclusive…”
State v. Rodriguez, 528 P.3d 614 (N.M. 2023). · cites it 2× “3d 1175 (alteration in original) (brackets, internal quotation marks, and citation omitted) (applying Section 39-3-7 for the right to appeal an amenability determination); see NMSA 1978, § 32A-1-5 (1993) (establishing the children’s court as a division of the district court).”
State v. Rodriguez (N.M. 2023). · cites it 2× “3d 1175 4 (alteration in original) (brackets, internal quotation marks, and citation omitted) 5 (applying Section 39-3-7 for the right to appeal an amenability determination); see 6 NMSA 1978, § 32A-1-5 (1993) (establishing the children’s court as a division of the 7 district…”
State ex rel. CYFD v. Calvin T. (N.M. 2025). · cites it 2× “” 4 See NMSA 1978, § 32A-1-5(A) (1993) (“There is established in the district court for each county a division to be known as the children’s court.”
N.M. Stat. § 32A-1-5(A): 4 cases
Diamond v. Diamond, 2012 NMSC 22 (N.M. 2012). “4 The children’s court is a division of the district court, NMSA1978, § 32A-1-5(A) (1993), with its own rales of procedure, id.”
Adoption Petition of Rebecca M. v. Angel A., 2008 NMCA 038 (N.M. Ct. App. 2008). “]”); NMSA 1978, § 32A-1-5(A) (1993) (establishing the children’s court as a division of the district court); NMSA 1978, {32A-1-8(A)(5) (2005) (“The court has exclusive original jurisdiction of all proceedings under the Children’s Code in which a person .”
In re Kleinsmith, 2005 NMCA 136 (N.M. Ct. App. 2005). “NMSA 1978, § 32A-1-4(C) (2003) (defining “court” to mean “the children’s court division of the district court”); NMSA, § 32A-1-5(A) (1993) (establishing children’s court as a division of the district court of each county); NMSA 1978, § 32A-1-8(A) (1993) (conferring “exclusive…”
State ex rel. CYFD v. Calvin T. (N.M. 2025). “” 4 See NMSA 1978, § 32A-1-5(A) (1993) (“There is established in the district court for each county a division to be known as the children’s court.”
N.M. Stat. § 32A-1-5(B): 4 cases
State v. Steven B., 2004 NMCA 086 (N.M. Ct. App. 2004). “” NMSA 1978, § 32A-1-5 (1993); see, e.g., In re Santillanes, 47 N.”
In re Christobal V., 2002 NMCA 077 (N.M. Ct. App. 2002). “PROVISIONS OF RULE AND STATUTE {12} In his last argument, Child argues that Section 32A-2-23(G) of the Children’s Code conflicts with Rule 10-230.”
Diamond v. Diamond, 2012 NMSC 22 (N.M. 2012). “4 The children’s court is a division of the district court, NMSA1978, § 32A-1-5(A) (1993), with its own rales of procedure, id.”
State v. Eric M., 925 P.2d 1198 (N.M. 1996). “Section 32A-1-5(B) states that "[t]he supreme court shall adopt rules of procedure not in conflict with the Children’s Code [this chapter] governing proceedings in the children’s court, including rules and procedures for juries.”
N.M. Stat. § 32A-1-5(C): 1 case
State v. Garcia, 113 P.3d 406 (N.M. Ct. App. 2005). “The Children’s Code provides that “a court other than the children’s court division of the district court” shall transfer a criminal action to the children’s court division of the district eourt if it appears that the “jurisdiction is properly within the children’s court…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.