2006 New Mexico Statutes - Section 32A-3A-6 — Voluntary placement of child outside home; documentation.

32A-3A-6. Voluntary placement of child outside home; documentation.

A.     Upon written application by a parent, guardian or custodian, and if good cause is shown, the department may accept custody of a minor child for temporary voluntary placement outside the home.   

B.     Prior to accepting any child for voluntary placement, the department shall document the following:   

(1)     the efforts made by the department to provide or arrange for services by other public or private agencies that would be affordable to the family and that would alleviate the conditions leading to the placement request;   

(2)     any determination that the services are not available;   

(3)     any refusal by the parent, guardian or custodian to accept the services; and   

(4)     the fact that conditions leading to the placement request could not be alleviated by services aimed at keeping the child in the home.   

C.     If the department accepts custody of a child, the department shall provide the child with shelter in an appropriate facility, pursuant to the provisions of Section 32-3B-6 [ 32A-3B-6] NMSA 1978, that is located as close as possible to the child's residence.  The child shall not be held in a jail or other facility intended or used for the incarceration of adults charged or convicted of criminal offenses or a facility for the detention of children alleged to be or adjudicated as delinquent children.   

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