A. When the child's placement is changed, including a return to the child's home,
written notice of the factual grounds supporting the change in placement shall be sent to
the child's guardian ad litem or attorney, all parties, the child's CASA, the child's foster
parents and the court ten days prior to the placement change, unless an emergency
situation requires moving the child prior to sending notice.
B. When the child, by and through the child's guardian ad litem or attorney, files a
motion and requests a court hearing to contest the proposed change, the department
shall not change the child's placement pending the results of the court hearing, unless
an emergency requires changing the child's placement prior to the hearing.
C. When a child's placement is changed without prior notice as provided for in
Subsection A of this section, written notice shall be sent to the child's guardian ad litem
or attorney, all parties, the child's CASA, the child's foster parents and the court within
three days after the placement change.
D. Written notice is not required for removal of a child from temporary emergency
care, emergency foster care or respite care. The department shall provide oral
notification of the removal to the child's guardian ad litem or attorney.
E. Notice need not be given to the parties, other than the child, or to the court when
placement is changed at the request of the child's foster parents or substitute care
provider. Notice shall be given to the child's guardian ad litem or attorney.
History: 1978 Comp., § 32A-4-14, enacted by Laws 1993, ch. 77, § 108; 2005, ch. 189,
§ 44; 2009, ch. 239, § 37.
ANNOTATIONS
The 2009 amendment, effective July 1, 2009, in Subsection A, after "written notice",
added "of the factual grounds supporting the change in placement" and after "guardian
ad litem", added "or attorney"; in Subsection B, after "When the", added "child, by and
through" and after "guardian ad litem", added "or attorney, files a motion and"; and in
Subsections C and D, after "guardian ad litem", added "or attorney".
Applicability. — Laws 2009, ch. 239, § 71, provided that the provisions of this act apply
to all children who, on July 1, 2009, are on release or are otherwise eligible to be placed
on release as if the Juvenile Public Safety Advisory Board Act had been in effect at the
time they were placed on release or became eligible to be released.
The 2005 amendment, effective June 17, 2005, in Subsection E, provided that notice
need not be given to the parties other than the child or to the court when placement is
changed at the request of the child's foster parents, but notice shall be given to the
child's guardian ad litem or attorney.
Notes of Decisions
Cited in
6
cases, 2005–2014 · leading case:
Hunt v. Green, 376 F. Supp. 2d 1043 (D.N.M. 2005).
Hunt v. Green, 376 F. Supp. 2d 1043 (D.N.M. 2005).
· cites it 11× “See NMSA 1978 § 32A-4-14. Moreover, the guardian ad litem, foster parent (Hunt), or other interested party did not file a motion seeking to stay the change of placement, or after it had occurred, to reverse it.”
State ex rel. Child., Youth & Families Dep't v. Maurice H., 2014 NMSC 034 (N.M. 2014).
“See §§ 32A-4-14 to -20. Upon the adjudication of abuse or neglect, the district court orders the family to undergo assessments in order to develop a treatment plan to address the causes and conditions that led to the child’s removal from the home.”
In the Matter of Grace H., 2014 NMSC 34 (N.M. 2014).
“See §§ 32A-4-14 to -20. Upon the adjudication of abuse or neglect, the district court orders the family to undergo assessments in order to develop a treatment plan to address the causes and conditions that led to the child’s removal from the home.”
In the Matter of Grace H. (N.M. 2014).
“See §§ 32A-4-14 to -20. Upon the adjudication of abuse or neglect, the district court orders the family to undergo assessments in order to develop a treatment plan to address the causes and conditions that led to the child’s removal from the home.”
In the Matter of Grace H. (N.M. 2014).
“See §§ 32A-4-14 to -20. Upon the adjudication of abuse or neglect, the district court orders the family to undergo assessments in order to develop a treatment plan to address the causes and conditions that led to the child’s removal from the home.”
In the Matter of Grace H., 2014 NMSC 34 (N.M. 2014).
“See §§ 32A-4-14 to -20. Upon the adjudication of abuse or neglect, the district court orders the family to undergo assessments in order to develop a treatment plan to address the causes and conditions that led to the child’s removal from the home.”
— N.M. Stat. § 32A-4-14(A) — 1 case
Hunt v. Green, 376 F. Supp. 2d 1043 (D.N.M. 2005).
“See NMSA 1978 § 32A-4-14. Moreover, the guardian ad litem, foster parent (Hunt), or other interested party did not file a motion seeking to stay the change of placement, or after it had occurred, to reverse it.”
— N.M. Stat. § 32A-4-14(B) — 1 case
Hunt v. Green, 376 F. Supp. 2d 1043 (D.N.M. 2005).
“See NMSA 1978 § 32A-4-14. Moreover, the guardian ad litem, foster parent (Hunt), or other interested party did not file a motion seeking to stay the change of placement, or after it had occurred, to reverse it.”
— N.M. Stat. § 32A-4-14(B)(199S) — 1 case
Hunt v. Green, 376 F. Supp. 2d 1043 (D.N.M. 2005).
“See NMSA 1978 § 32A-4-14. Moreover, the guardian ad litem, foster parent (Hunt), or other interested party did not file a motion seeking to stay the change of placement, or after it had occurred, to reverse it.”
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