2006 New Mexico Statutes - Section 32A-6-11 — Emergency mental health evaluation and care.

32A-6-11. Emergency mental health evaluation and care.

A.     A peace officer may detain and transport a child for emergency mental health evaluation and care in the absence of a legally valid order from the court only if:   

(1)     the peace officer has reasonable grounds to believe the child has just attempted suicide;   

(2)     the peace officer, based upon personal observation and investigation, has reasonable grounds to believe that the child, as a result of a mental disorder, presents a likelihood of serious harm to himself or others and that immediate detention is necessary to prevent such harm.  The peace officer shall convey his beliefs to the admitting physician or the physician's designee immediately upon the officer's arrival at the evaluation facility;   

(3)     the peace officer has certification from a clinician that the child, as a result of a mental disorder, presents a likelihood of serious harm to himself or others and that immediate intervention is necessary to prevent the harm; or   

(4)     the peace officer has an involuntary placement order issued by a tribal court that orders the child to be admitted to an evaluation facility.   

B.     A peace officer shall immediately transport any child detained under this section to an evaluation facility.  In the case of an extreme emergency, the child may be held for a period of up to twenty-four hours in temporary emergency placement in:   

(1)     a foster home licensed to provide specialized or therapeutic care;   

(2)     a facility operated by a licensed child welfare services agency that meets standards promulgated by the department for the care of children who present the likelihood of serious harm to themselves or others; or   

(3)     residential care on an emergency basis.   

C.     A child shall not be held, for the purposes of emergency mental health evaluation or care, 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 or adjudicated to be delinquent children.   

D.     The director of an evaluation facility shall accomplish an emergency evaluation upon the request of a child's parent, guardian or legal custodian, a peace officer, a detention facility administrator or the administrator's designee or upon the certification of a clinician.  A court order is not required under this section.  If an application is made to a court, the court's power to act in furtherance of an emergency admission shall be limited to ordering that:   

(1)     the child be seen by a clinician prior to transport to an evaluation facility; and   

(2)     a peace officer transport the child to an evaluation facility.   

E.     The admitting physician or licensed psychologist shall evaluate whether reasonable grounds exist to detain the child for evaluation and treatment, and, if reasonable grounds are found, the child shall be detained. If the admitting physician or licensed psychologist determines that reasonable grounds do not exist to detain the child for evaluation and treatment, the child shall not be detained but shall be released to the custody of the child's parent, guardian or legal custodian.   

F.     Upon arrival at an evaluation facility, the child shall be informed orally and in writing by the evaluation facility of the purpose and possible consequences of the proceedings, the allegations in the petition, the child's right to a hearing within seven days, the child's right to counsel and the child's right to communicate with an attorney or a guardian ad litem and an independent mental health professional of the child's own choosing.  A child shall have the right to receive necessary and appropriate treatment.   

G.     A peace officer who transports any child to an evaluation facility pursuant to the provisions of this section shall not require a court order to be reimbursed by the referring county.   

H.     If a child is transported to or detained at an evaluation facility and is not released to the child's parent, guardian or legal custodian, the peace officer transporting the child shall give written notice thereof as soon as possible within twenty-four hours to the child's parent, guardian or legal custodian, together with a statement of the reason for taking the child into custody.