2006 New Mexico Statutes - Section 32A-4-21 — Neglect or abuse predisposition studies, reports and examinations.

32A-4-21. Neglect or abuse predisposition studies, reports and examinations.

A.     Prior to holding a dispositional hearing, the court shall direct that a predisposition study and report be submitted in writing to the court by the department.   

B.     The predisposition study required pursuant to Subsection A of this section shall contain the following information:   

(1)     a statement of the specific reasons for intervention by the department or for placing the child in the department's custody and a statement of the parent's ability to care for the child in the parent's home without causing harm to the child;   

(2)     a statement of how an intervention plan is designed to achieve placement of the child in the least restrictive setting available, consistent with the best interests and special needs of the child, including a statement of the likely harm the child may suffer as a result of being removed from the parent's home, including emotional harm that may result due to separation from the child's parents, and a statement of how the intervention plan is designed to place the child in close proximity to the parent's home without causing harm to the child due to separation from his parents, siblings or any other person who may significantly affect the child's best interest;   

(3)     the wishes of the child as to his custodian;   

(4)     whether the child has a family member who, subsequent to study by the department, is determined to be qualified to care for the child;   

(5)     a description of services offered to the child, his family and his foster care family and a summary of reasonable efforts made to prevent removal of the child from his family or reasonable efforts made to reunite the child with his family;   

(6)     a description of the home or facility in which the child is placed and the appropriateness of the child's placement;   

(7)     the results of any diagnostic examination or evaluation ordered at the custody hearing;   

(8)     a statement of the child's medical and educational background;   

(9)     if the child is an Indian child, whether the placement preferences set forth in the federal Indian Child Welfare Act of 1978 or the placement preferences of the child's Indian tribe were followed and whether the child's treatment plan provides for maintaining the child's cultural ties;   

(10)     a treatment plan that sets forth steps to ensure that the child's physical, medical, psychological and educational needs are met and that sets forth services to be provided to the child and his parents to facilitate permanent placement of the child in the parent's home; and   

(11)     for children sixteen years of age and older, a plan for developing the specific skills the child requires for successful transition into independent living as an adult, regardless of whether the child is returned to his parent's home.   

C.     A copy of the predisposition report shall be provided by the department to counsel for all parties five days before the dispositional hearing.   

D.     If the child is an adjudicated abused child, any temporary custody orders shall remain in effect until the court has received and considered the predispositional study at the dispositional hearing.