N.M. Stat. » N.M. Stat. / Chapter 32A / Article 3B
New Mexico Statutes

N.M. Stat. § 32A-3B-2 (2026)

Definitions.

✓ current as of May 2026
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As used in Chapter 32A, Article 3B NMSA 1978, "family in need of court-ordered
services" means the child or the family has refused family services or the department
has exhausted appropriate and available family services and court intervention is
necessary to provide family services to the child or family and it is a family:

    A. whose child, subject to compulsory school attendance, is absent from school
without an authorized excuse more than ten days during a school year;

   B. whose child is absent from the child's place of residence for a time period of
twelve hours or more without consent of the child's parent, guardian or custodian;

    C. whose child refuses to return home and there is good cause to believe that the
child will run away from home if forced to return to the parent, guardian or custodian;
    D. in which the child's parent, guardian or custodian refuses to allow the child to
return home and a petition alleging neglect of the child is not in the child's best interests;
or

   E. whose child is:

     (1)    alleged to be engaged in an act that would be designated as prostitution if
committed by an adult; or

       (2)    a victim of human trafficking as defined in Section 30-52-1 NMSA 1978.

History: 1978 Comp., § 32A-3B-2, enacted by Laws 1993, ch. 77, § 74; 2007, ch. 185,
§ 1; 2009, ch. 193, § 5; 2019, ch. 101, § 2.

                                      ANNOTATIONS

Cross references. — For assistance of law enforcement in locating a runaway, see
32A-1-21 NMSA 1978.

The 2019 amendment, effective June 14, 2019, revised the definition of "family in need
of court-ordered services" to include a family whose child is alleged to be engaged in
prostitution or is a victim of human trafficking; and added Subsection E.

The 2009 amendment, effective June 19, 2009, in Subsection A, after "during a
school", changed "semester" to "year".

The 2007 amendment, effective June 15, 2007, reduced the time period in Subsection
B from 24 to 12 hours.
Notes of Decisions
Cited in 5 cases (1 in the last 5 years), 1999–2021 · leading case: Am. Civil Liberties Union v. City of Albuquerque, 992 P.2d 866 (N.M. 1999).
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Am. Civil Liberties Union v. City of Albuquerque, 992 P.2d 866 (N.M. 1999). · cites it 4× “Section 32A-3B-2 addresses situations in which a "child, subject to compulsory school attendance, is absent from school without an authorized excuse more than ten days during a school semester," a "child is absent from the child's place of residence for a time period of…”
State Ex Rel. Child., Youth & Families Dep't v. Andree G., 174 P.3d 531 (N.M. Ct. App. 2007). · cites it 4× “BACKGROUND {5} This case originated as a proceeding for “[a] family in need of court-ordered services” pursuant to NMSA 1978, § 32A-3B-2 (1993) of the Children’s Code, but has evolved into an interstate child support dispute between a single mother and an absent father.”
Millis Pub. Schs. v. M.P., 89 N.E.3d 1170 (Mass. 2018). · cites it 2× “§§ 2A:4A-83, 2A:4A-89 ; N.M. Stat. Ann. §§ 32A-3B-2, 32A-3B-16 ; N.”
State v. Roeper, 433 P.3d 311 (N.M. Ct. App. 2018). · cites it 2× “by a child are symptomatic of a family in need of services"); see also NMSA 1978, § 32A-3B-2(A) (2009) (defining "family in need of court-ordered services" as one that has exhausted available family services and requires court intervention where "child, subject to compulsory…”
State Ex Rel. CYFD v. Heather S. (N.M. Ct. App. 2021). · cites it 2× “” Section 32A-3B-2(A). Unlike an adjudication of neglect, a court determination that a child is part of a family in need of court-ordered services does not automatically put parents on the road to permanently losing their parental rights.”
— N.M. Stat. § 32A-3B-2(A) — 3 cases
Millis Pub. Schs. v. M.P., 89 N.E.3d 1170 (Mass. 2018). “§§ 2A:4A-83, 2A:4A-89 ; N.M. Stat. Ann. §§ 32A-3B-2, 32A-3B-16 ; N.”
State v. Roeper, 433 P.3d 311 (N.M. Ct. App. 2018). “by a child are symptomatic of a family in need of services"); see also NMSA 1978, § 32A-3B-2(A) (2009) (defining "family in need of court-ordered services" as one that has exhausted available family services and requires court intervention where "child, subject to compulsory…”
State Ex Rel. CYFD v. Heather S. (N.M. Ct. App. 2021). “” Section 32A-3B-2(A). Unlike an adjudication of neglect, a court determination that a child is part of a family in need of court-ordered services does not automatically put parents on the road to permanently losing their parental rights.”
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