2006 New Mexico Statutes - Section 32A-4-8 — Place of temporary custody.

32A-4-8. Place of temporary custody.

Unless a child alleged to be neglected or abused is also alleged or adjudicated delinquent, the child shall not be held in a jail or other facility intended or used for the incarceration of adults charged with criminal offenses or for the detention of children alleged to be delinquent children, but may be placed in the following community-based shelter-care facilities:   

A.     with a relative of the child who is willing to guarantee to the court that the child will not be returned to the alleged abusive or neglectful parent, guardian or custodian without the prior approval of the court;   

B.     a licensed foster home or any home authorized under the law for the provision of foster care, group care or use as a protective residence;   

C.     a facility operated by a licensed child welfare services agency; or   

D.     a facility provided for in the Children's Shelter Care Act [ 32A-9-1 NMSA 1978].