N.M. Stat. » N.M. Stat. / Chapter 32A / Article 9
New Mexico Statutes

N.M. Stat. § 32A-9-2 (2026)

Legislative findings and purpose.

✓ current as of May 2026
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A. The legislature finds and declares that appropriate and distinct programs of
supervision and care for children are required to fulfill the purposes of the Children's
Code; that many children are needlessly detained in secured facilities on charges for
acts that would not be criminal if they were committed by an adult; that these children
would benefit from either immediate return to the family or placement in shelter-care
homes or nonsecured shelter-care facilities; and that certain alleged delinquents will
benefit from nonsecured placements and do not require secure detention.

   B. The purpose of the Children's Shelter Care Act is:
      (1)   to provide funding for the establishment of shelter-care facilities or
programs; and

      (2)     to divert children out of the juvenile justice system and provide for their
supervision and care in community-based shelter-care homes and facilities when the
immediate return to the child's family is not feasible or when intervention programs
alone are not sufficient for the care and treatment of the child.

History: 1978 Comp., § 32-2A-2, enacted by Laws 1978, ch. 108, § 2; recompiled as
1978 Comp., § 32A-9-2 by Laws 1993, ch. 77, § 210.
Notes of Decisions
Cited in 3 cases, 1999–2016 · 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× “NMSA 1978, § 32A-9-2 (1993) (emphasis added).”
Quevedo Ex Rel. Bevan v. New Mexico Child., Youth & Families Dep't, 2016 NMCA 101 (N.M. Ct. App. 2016). · cites it 2× “The Children’s Shelter Care Act, the purpose of which is to “divert children out of the juvenile justice system,” NMSA 1978, § 32A-9-2(B)(2) (1993), provides for the placement by CYFD of children alleged to be in need of supervision, children determined to be in need of…”
Quevado v. Child., Youth & Families Dep't (N.M. Ct. App. 2016). · cites it 2× “The Children’s Shelter 14 Care Act, the purpose of which is to “divert children out of the juvenile justice 15 system,” NMSA 1978, § 32A-9-2(B)(2) (1993), provides for the placement by CYFD 16 of children alleged to be in need of supervision, children determined to be in need of…”
— N.M. Stat. § 32A-9-2(B)(2) — 2 cases
Quevedo Ex Rel. Bevan v. New Mexico Child., Youth & Families Dep't, 2016 NMCA 101 (N.M. Ct. App. 2016). “The Children’s Shelter Care Act, the purpose of which is to “divert children out of the juvenile justice system,” NMSA 1978, § 32A-9-2(B)(2) (1993), provides for the placement by CYFD of children alleged to be in need of supervision, children determined to be in need of…”
Quevado v. Child., Youth & Families Dep't (N.M. Ct. App. 2016). “The Children’s Shelter 14 Care Act, the purpose of which is to “divert children out of the juvenile justice 15 system,” NMSA 1978, § 32A-9-2(B)(2) (1993), provides for the placement by CYFD 16 of children alleged to be in need of supervision, children determined to be in need of…”
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