2006 New Mexico Statutes - Section 32A-4-18 — Custody hearings; time limitations; notice; probable cause.

32A-4-18. Custody hearings; time limitations; notice; probable cause.

A.     When a child alleged to be neglected or abused has been placed in the legal custody of the department or the department has petitioned the court for temporary custody, a custody hearing shall be held within ten days from the date the petition is filed to determine if the child should remain in or be placed in the department's custody pending adjudication.  Upon written request of the respondent, the hearing may be held earlier, but in no event shall the hearing be held sooner than two days after the date the petition was filed.

B.     The parent, guardian or custodian of the child alleged to be abused or neglected shall be given reasonable notice of the time and place of the custody hearing.

C.     At the custody hearing, the court shall return legal custody of the child to his parent, guardian or custodian unless probable cause exists to believe that:

(1)     the child is suffering from an illness or injury, and the parent, guardian or custodian is not providing adequate care for the child;

(2)     the child is in immediate danger from his surroundings, and removal from those surroundings is necessary for the child's safety or well-being;

(3)     the child will be subject to injury by others if not placed in the custody of the department;

(4)     there has been an abandonment of the child by his parent, guardian or custodian; or

(5)     the parent, guardian or custodian is not able or willing to provide adequate supervision and care for the child.

D.     At the conclusion of the custody hearing, if the court determines that probable cause exists pursuant to Subsection C of this section, the court may:

(1)     return legal custody of the child to his parent, guardian or custodian upon such conditions as will reasonably ensure the safety and well-being of the child, including protective supervision by the department; or

(2)     award legal custody of the child to the department.

Reasonable efforts shall be made to preserve and reunify the family, with the paramount concern being the child's health and safety.

E.     At the conclusion of the custody hearing, the court may order the respondent or the child alleged to be neglected or abused, or both, to undergo appropriate diagnostic examinations or evaluations.  Copies of any diagnostic or evaluation reports ordered by the court shall be provided to the parties at least five days before the adjudicatory hearing is scheduled.  The reports shall not be sent to the court.

F.     The Rules of Evidence shall not apply to custody hearings.