New Mexico Statutes

N.M. Stat. § 32A-3B-3 (2026)

Protective custody; interference with protective custody;

✓ current as of May 2026

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penalty.
A. A child may be taken into protective custody by a law enforcement officer without
a court order when the officer has reasonable grounds to believe that the child:

(1) has run away from the child's parent, guardian or custodian;

(2) without parental supervision is suffering from illness or injury;

(3) has been abandoned;

(4) is endangered by the child's surroundings and removal from those
surroundings is necessary to ensure the child's safety;

(5) is engaged in an act that would be designated as prostitution if committed
by an adult; or
(6) is a victim of human trafficking as defined in Section 30-52-1 NMSA 1978.

B. A child may be taken into protective custody pursuant to a court order issued
after an agency legally charged with the supervision of the child has notified a law
enforcement agency that the child has run away from a placement.

C. When a child is taken into protective custody, the department shall make a
reasonable effort to determine whether the child is an Indian child.

D. Any person, other than the child taken into protective custody, who interferes with
placing the child in protective custody is guilty of a petty misdemeanor and shall be
sentenced pursuant to the provisions of Section 31-19-1 NMSA 1978.

History: 1978 Comp., § 32A-3B-3, enacted by Laws 1993, ch. 77, § 75; 2019, ch. 101,
§ 3.

ANNOTATIONS

The 2019 amendment, effective June 14, 2019, authorized a child to be taken into
protective custody by a law enforcement officer without a court order when the officer
has reasonable grounds to believe that the child is engaged in prostitution or is a victim
of human trafficking; and in Subsection A, added Paragraphs A(5) and A(6).

Notes of Decisions

Cited in 2 cases, 1995–1999 · 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 28× “{23} We conclude that the City cannot take children into protective custody without a fact-specific showing that one or more of the specific statutory conditions within Section 32A-3B-3 are met. We reject the City's attempt to create a bright-line rule which automatically…”

State Ex Rel. Child., Youth & Families Dep't v. David F., 911 P.2d 235 (N.M. Ct. App. 1995). · cites it 2× “Pursuant to NMSA 1978, Section 32A-3B-3(A)(4) (Repl. Pamp.1995), a law enforcement officer may take a child into protective custody without a court order when the officer has reasonable grounds to believe that “the child is endangered by his surroundings and removal from those…”

— N.M. Stat. § 32A-3B-3(A)(4) — 2 cases

Am. Civil Liberties Union v. City of Albuquerque, 992 P.2d 866 (N.M. 1999). “{23} We conclude that the City cannot take children into protective custody without a fact-specific showing that one or more of the specific statutory conditions within Section 32A-3B-3 are met. We reject the City's attempt to create a bright-line rule which automatically…”

State Ex Rel. Child., Youth & Families Dep't v. David F., 911 P.2d 235 (N.M. Ct. App. 1995). “Pursuant to NMSA 1978, Section 32A-3B-3(A)(4) (Repl. Pamp.1995), a law enforcement officer may take a child into protective custody without a court order when the officer has reasonable grounds to believe that “the child is endangered by his surroundings and removal from those…”

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