2006 New Mexico Statutes - Section 32A-4-6 — Taking into custody; penalty.

32A-4-6. Taking into custody; penalty.

A.     A child may be held or taken into custody:

(1)     by a law enforcement officer when the officer has reasonable grounds to believe that the child is suffering from illness or injury as a result of alleged abuse or neglect or has been abandoned or is in danger from the child's surroundings and removal from those surroundings is necessary; or

(2)     by medical personnel when there are reasonable grounds to believe that the child has been injured as a result of abuse or neglect and that the child may be at risk of further injury if returned to the child's parent, guardian or custodian.  The medical personnel shall hold the child until a law enforcement officer is available to take custody of the child or until a law enforcement officer has authorized release of the child to the department.

B.     When a child is taken into custody, the department shall make reasonable efforts to determine whether the child is an Indian child.

C.     If a child taken into custody is an Indian child and is alleged to be neglected or abused, the department shall give notice to the agent of the Indian child's tribe in accordance with the federal Indian Child Welfare Act of 1978.

D.     Any person who intentionally interferes with protection of a child, as provided by Subsection A of this section, is guilty of a petty misdemeanor.