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

N.M. Stat. § 32A-3B-4 (2026)

Protective custody; restrictions; time limitations.

✓ current as of May 2026
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A. A law enforcement officer who takes a child into protective custody shall, with all
reasonable speed:

       (1)    inform the child of the reasons for the protective custody; and

       (2)    contact the department.

    B. When the department is contacted by a law enforcement officer who has taken a
child into protective custody, the department shall refer the child to community based
services and may:

    (1)     accept custody of the child and designate an appropriate placement in the
community for the child; or

       (2)    return the child to the child's parent, guardian or custodian if the child's
safety is assured.

    C. A child taken into protective custody shall not be placed in or transported in a law
enforcement vehicle or any other vehicle that contains an adult placed under arrest,
unless circumstances exist in which any delay in transporting the child to an appropriate
facility would be likely to result in substantial danger to the child's physical safety. When
such circumstances exist, the circumstances shall be described in writing by the driver
of the vehicle and submitted to the driver's supervisor within two days after the driver
transported the child.

   D. A child taken into protective custody shall not be held involuntarily for more than
two days, unless a petition to extend the custody is filed pursuant to the provisions of
the Family in Need of Court-Ordered Services Act or the Abuse and Neglect Act.

   E. When a petition is filed or any time thereafter, the children's court or district court
may issue an ex-parte custody order based upon a sworn written statement of facts
showing that probable cause exists to believe that protective custody of the child is
necessary.

   F. The protective custody order shall be served on the respondent by a person
authorized to serve arrest warrants and shall direct the law enforcement officer to take
custody of the child and deliver the child to a place designated by the court.

   G. The Rules of Evidence do not apply to the issuance of an ex-parte custody order.

History: 1978 Comp., § 32A-3B-4, enacted by Laws 1993, ch. 77, § 76; 2005, ch. 189,
§ 30; 2019, ch. 101, § 4.

                                      ANNOTATIONS

Cross references. — For the applicability of the Rules of Evidence, see Rule 11-1101
NMRA.

The 2019 amendment, effective June 14, 2019, required the children, youth and
families department, when contacted by a law enforcement officer who has taken a child
into protective custody, to refer the child to community based services, and made
certain technical changes; and in Subsection B, added "shall refer the child to
community based services and", and in Paragraph B(1), deleted "facility in which to
place" and added "placement in the community for".

The 2005 amendment, effective June 17, 2005, changed "forty-eight hours" to "two
days" in Subsections C and D.
Notes of Decisions
Cited in 3 cases, 1994–1999 · leading case: Am. Civil Liberties Union v. City of Albuquerque, 992 P.2d 866 (N.M. 1999).
Sort: Relevance Newest Treatment
Am. Civil Liberties Union v. City of Albuquerque, 992 P.2d 866 (N.M. 1999). · cites it 4× “Once law enforcement officers take a child into protective custody, the officers must contact the Children, Youth, and Families Department, see Section 32A-3B-4(A), deliver the child to his or her parents "with all reasonable speed," see Section 32A-4-7(A), or place the child in…”
State Ex Rel. Child., Youth & Families Dep't v. David F., 911 P.2d 235 (N.M. Ct. App. 1995). · cites it 2× “” NMSA 1978, § 32A-3B-4(E) (Repl.Pamp.1995).”
Jordan ex rel. Jordan v. Jackson, 15 F.3d 333 (4th Cir. 1994). “§ 41-3-301 (1991) (petition must be filed within 48 hours); N.M.Stat.Ann. § 32A-3B-4 (Westlaw 1993) (petition must be filed within 48 hours); N.”
N.M. Stat. § 32A-3B-4(A): 1 case
Am. Civil Liberties Union v. City of Albuquerque, 992 P.2d 866 (N.M. 1999). “Once law enforcement officers take a child into protective custody, the officers must contact the Children, Youth, and Families Department, see Section 32A-3B-4(A), deliver the child to his or her parents "with all reasonable speed," see Section 32A-4-7(A), or place the child in…”
N.M. Stat. § 32A-3B-4(E): 1 case
State Ex Rel. Child., Youth & Families Dep't v. David F., 911 P.2d 235 (N.M. Ct. App. 1995). “” NMSA 1978, § 32A-3B-4(E) (Repl.Pamp.1995).”
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