2006 New Mexico Statutes - Section 32A-6-4 — Legal representation of children.

32A-6-4. Legal representation of children.

A.     A child shall be represented by an attorney, if the child is fourteen years of age or older, or a guardian ad litem, if the child is under fourteen years of age, at all proceedings under the Children's Mental Health and Developmental Disabilities Act [ 32A-6-1 NMSA 1978] and shall be entitled to obtain advice of an attorney or a guardian ad litem at any time regarding the child's status under that act. A child receiving residential treatment or habilitation program services shall have access to the state's designated protection and advocacy system.   

B.     When a child has not retained an attorney or a guardian ad litem and is unable to do so, the court shall appoint an attorney or a guardian ad litem to represent the child.  When appointing an attorney or a guardian ad litem, the court shall give preference to nonprofit organizations offering representation to mentally ill and developmentally disabled persons.  When the parent, guardian or legal custodian of a child is not indigent, the parent, guardian or legal custodian shall be liable for the cost of the child's legal representation.   

C.     A child shall not be represented or counseled by an attorney or guardian ad litem who, in the previous two years, has advised or represented the child's parent, guardian, legal custodian or residential treatment or habilitation program or who would otherwise have a serious conflict of interest.