New Mexico Statutes

N.M. Stat. § 32A-4-7 (2026)

Release or delivery from custody.

✓ current as of May 2026

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A. A person taking a child into custody shall, with all reasonable speed:

(1) release the child to the child's parent, guardian or custodian and issue
verbal counsel or warning as may be appropriate; or

(2) deliver the child to the department or, in the case of a child who is
believed to be suffering from a serious physical or mental condition or illness that
requires prompt treatment or diagnosis, deliver the child to a medical facility. If a law
enforcement officer delivers a child to a medical facility, the officer shall immediately
notify the department that the child has been placed in the department's legal custody.

B. When an alleged neglected or abused child is delivered to the department, a
department caseworker shall review the need for placing the child in custody and shall
release the child from custody unless custody is appropriate or has been ordered by the
court. When a child is delivered to a medical facility, a department caseworker shall
review the need for retention of custody within a reasonable time after delivery of the
child to the facility and shall release the child from custody unless custody is appropriate
or has been ordered by the court.

C. If a child is placed in the legal custody of the department and is not released to
the child's parent, guardian or custodian, the department shall give written notice thereof
as soon as possible, and in no case later than twenty-four hours, to the child's parent,
guardian or custodian together with a statement of the reason for taking the child into
custody.

D. Reasonable efforts shall be made to prevent or eliminate the need for removing
the child from the child's home, with the paramount concern being the child's health and
safety. In all cases when a child is taken into custody, the child shall be released to the
child's parent, guardian or custodian, unless the department files a petition within three
days from the date that the child was taken into custody.

E. The department may release the child at any time within the three-day period
after the child was taken into custody if it is determined by the department that release
is appropriate or if release has been ordered by the court.

F. If a child that has been taken into custody and released to the child's parent,
guardian or custodian is taken into custody again within one year of having been taken
into custody, the child shall not be released from custody until a department review is
conducted, in consultation with the children's court managing attorney, to review the
child's case and documents and determine whether the child should be released to the
child's parent, guardian or custodian or if it is in the best interest of the child to file a
petition alleging neglect or abuse. The department's review shall be conducted by a
person above the level of supervisor who has been authorized by the secretary of
children, youth and families to review such cases. If the secretary has not authorized
anyone to review such cases, the department's review shall be conducted by the
director of the protective services division of the department. The three-day deadline for
filing the petition pursuant to Subsections D and E of this section is extended to five
days when the child's case is reviewed pursuant to this subsection.

History: 1978 Comp., § 32A-4-7, enacted by Laws 1993, ch. 77, § 101; 1999, ch. 77, §
4; 2005, ch. 189, § 42; 2009, ch. 239, § 36; 2023, ch. 172, § 2.

ANNOTATIONS

The 2023 amendment, effective June 16, 2023, restricted the return of a child if taken
into custody more than once in a year, and required a department review in such cases
to determine whether the child should be released or whether to file a petition alleging
neglect or abuse; in Subsection D, after "within", deleted "two" and added "three"; in
Subsection E, after "within the", deleted "two-day" and added "three-day"; and added
new Subsection F.
The 2009 amendment, effective July 1, 2009, in Paragraph (2) of Subsection A, in the
first sentence, after "child to the department", deleted "or to an appropriate shelter-care
facility" and in the second sentence, after "delivers a child to", deleted "a shelter-care
facility or"; in Subsection B, in the second sentence, after "child is delivered to", deleted
"an appropriate shelter-care facility or"; and added Subsection E.

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, changed "custody" to "legal custody" in
Subsections A(2) and C.

The 1999 amendment, effective July 1, 1999, in Paragraph A(2), substituted "or" for
"and" in the first sentence, and inserted "or a medical facility" in the second sentence; in
Subsection B, inserted "or medical facility" in the second sentence; and added the first
sentence of Subsection D.

Notes of Decisions

Cited in 12 cases (2 in the last 5 years), 1999–2023 · leading case: State Ex Rel. Child., Youth & Families Dep't v. Benjamin O., 160 P.3d 601 (N.M. Ct. App. 2007).

Sort: Relevance Newest Treatment

State Ex Rel. Child., Youth & Families Dep't v. Benjamin O., 160 P.3d 601 (N.M. Ct. App. 2007). · cites it 3× “See § 32A-4-7(D); Maria C., 2004-NMCA-083, ¶ 18 , 136 N.”

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. Maria C., 94 P.3d 796 (N.M. Ct. App. 2004). “§§ 32A-4-7(C), -18(B), -25(C), -25.1(H), -29(D).”

State ex rel. Chidren, Youth & Families Dep't v. Djamila B., 2015 NMSC 003 (N.M. Ct. App. 2014). · cites it 2× “, § 32A-4-2 (defining abuse and neglect by parties including guardians); § 32A-4-6(A) (describing conditions under which a child may be taken into custody, including when guardians commit certain acts); § 32A-4-7(A) (listing guardians as persons to whom CYFD may release children…”

State Ex Rel. Child., Youth & Families Dep't v. Michael T., 172 P.3d 1287 (N.M. Ct. App. 2007). · cites it 2× “” NMSA 1978, § 32A-4-7(D) (2005). {12} Father argues that abuse and neglect proceedings are quasi-criminal in nature and that extending the exclusionary rule is consistent with New Mexico’s policy protecting Father’s liberty interest in raising his children.”

State ex rel. Child., Youth & Families Dep't v. Djamila B., 2014 NMCA 045 (N.M. Ct. App. 2014). · cites it 2× “NMSA 1978, § 32A-4-2 (2009) (definitions); NMSA 1978, § 32A-4-6 (2009) (including “guardians” when discussing taking children into custody); NMSA 1978, § 32A-4-7(A) (2009) (release from custody); NMSA 1978, § 32A-4-22(A)(5), (B)(1), (D) (2009) (dispositional hearings); NMSA…”

Lowther v. Child. Youth & Families Dep't (D.N.M. 2021). · cites it 4× “Noting that the Court was concerned with NMSA 1978 § 32A-4-7 (D)’s provisions to make reasonable efforts to avoid the need to remove the children from their home,3 CYFD Defendants now proffer Ms.”

State ex rel. CYFD v. Djamila B., 2014 NMCA 45 (N.M. Ct. App. 2014). · cites it 2× “NMSA 1978, § 32A-4-2 (2009) (definitions); NMSA 1978, § 32A-4-6 (2009) (including “guardians” when discussing taking children into custody); NMSA 1978, § 32A-4-7(A) (2009) (release from custody); NMSA 1978, § 32A-4-22(A)(5), (B)(1), (D) (2009) (dispositional hearings); NMSA…”

Arredondo v. Locklear, 371 F. Supp. 2d 1281 (D.N.M. 2005). · cites it 5× “, § 32A-4-7(C). CYFD is required to make “reasonable *1285 efforts .”

State of NM, ex rel CYFD v. Djamila B (N.M. Ct. App. 2014). · cites it 2× “NMSA 1978, § 32A-4-2 (2009) (definitions); NMSA 1978, § 32A-4-6 (2009) (including “guardians” when discussing taking children into custody); NMSA 1978, § 32A-4-7(A) (2009) (release from custody); NMSA 1978, § 32A-4-22(A)(5), (B)(1), (D) (2009) (dispositional hearings); NMSA…”

Johnson v. Sanchez (D.N.M. 2023). “7 NMAC (emphasis added); compare to NMSA 1978 § 32A-4-7 (limiting CYFD to two-day emergency custody of child before filing petition in court).”

In re Mahdjid B. & Aliah B. (N.M. 2014). “See § 32A-4-7(D) (“Reasonable efforts shall be made to prevent or 10 eliminate the need for removing the child from the child’s home, with the paramount 11 concern being the child’s health and safety.”

— N.M. Stat. § 32A-4-7(A) — 5 cases

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…”

State ex rel. Chidren, Youth & Families Dep't v. Djamila B., 2015 NMSC 003 (N.M. Ct. App. 2014). “, § 32A-4-2 (defining abuse and neglect by parties including guardians); § 32A-4-6(A) (describing conditions under which a child may be taken into custody, including when guardians commit certain acts); § 32A-4-7(A) (listing guardians as persons to whom CYFD may release children…”

State ex rel. Child., Youth & Families Dep't v. Djamila B., 2014 NMCA 045 (N.M. Ct. App. 2014). “NMSA 1978, § 32A-4-2 (2009) (definitions); NMSA 1978, § 32A-4-6 (2009) (including “guardians” when discussing taking children into custody); NMSA 1978, § 32A-4-7(A) (2009) (release from custody); NMSA 1978, § 32A-4-22(A)(5), (B)(1), (D) (2009) (dispositional hearings); NMSA…”

State ex rel. CYFD v. Djamila B., 2014 NMCA 45 (N.M. Ct. App. 2014). “NMSA 1978, § 32A-4-2 (2009) (definitions); NMSA 1978, § 32A-4-6 (2009) (including “guardians” when discussing taking children into custody); NMSA 1978, § 32A-4-7(A) (2009) (release from custody); NMSA 1978, § 32A-4-22(A)(5), (B)(1), (D) (2009) (dispositional hearings); NMSA…”

State of NM, ex rel CYFD v. Djamila B (N.M. Ct. App. 2014). “NMSA 1978, § 32A-4-2 (2009) (definitions); NMSA 1978, § 32A-4-6 (2009) (including “guardians” when discussing taking children into custody); NMSA 1978, § 32A-4-7(A) (2009) (release from custody); NMSA 1978, § 32A-4-22(A)(5), (B)(1), (D) (2009) (dispositional hearings); NMSA…”

— N.M. Stat. § 32A-4-7(C) — 2 cases

State Ex Rel. Child., Youth & Families Dep't v. Maria C., 94 P.3d 796 (N.M. Ct. App. 2004). “§§ 32A-4-7(C), -18(B), -25(C), -25.1(H), -29(D).”

Arredondo v. Locklear, 371 F. Supp. 2d 1281 (D.N.M. 2005). “, § 32A-4-7(C). CYFD is required to make “reasonable *1285 efforts .”

— N.M. Stat. § 32A-4-7(D) — 5 cases

State Ex Rel. Child., Youth & Families Dep't v. Benjamin O., 160 P.3d 601 (N.M. Ct. App. 2007). “See § 32A-4-7(D); Maria C., 2004-NMCA-083, ¶ 18 , 136 N.”

State Ex Rel. Child., Youth & Families Dep't v. Michael T., 172 P.3d 1287 (N.M. Ct. App. 2007). “” NMSA 1978, § 32A-4-7(D) (2005). {12} Father argues that abuse and neglect proceedings are quasi-criminal in nature and that extending the exclusionary rule is consistent with New Mexico’s policy protecting Father’s liberty interest in raising his children.”

Arredondo v. Locklear, 371 F. Supp. 2d 1281 (D.N.M. 2005). “, § 32A-4-7(C). CYFD is required to make “reasonable *1285 efforts .”

— N.M. Stat. § 32A-4-7(a)(l) — 1 case

Arredondo v. Locklear, 371 F. Supp. 2d 1281 (D.N.M. 2005). “, § 32A-4-7(C). CYFD is required to make “reasonable *1285 efforts .”

— N.M. Stat. § 32A-4-7(b) — 1 case

Arredondo v. Locklear, 371 F. Supp. 2d 1281 (D.N.M. 2005). “, § 32A-4-7(C). CYFD is required to make “reasonable *1285 efforts .”

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