2019 New Mexico Statutes
Chapter 32A - Children's Code
Article 2 - Delinquency
Section 32A-2-8 - Petition; authorization to file.

A petition alleging delinquency shall not be filed in delinquency proceedings unless the children's court attorney, after consulting with probation services, has determined and endorsed upon the petition that the filing of the petition is in the best interest of the public and the child. The children's court attorney shall furnish legal services in connection with the authorization and preparation of the petition.

History: 1978 Comp., § 32A-2-8, enacted by Laws 1993, ch. 77, § 37.

Cross references. — For the filing of petitions in delinquency proceedings, see Rule 10-211 NMRA.

Decisions under prior law. — In light of the similarity of the provisions, annotations decided under former Section 32-1-17 NMSA 1978 have been included in the annotations to this section.

Filing of petition sufficiently vests jurisdiction in children's court over persons alleged to have committed delinquent acts while under the age of 18, regardless of their ages at the time the charges are filed. State v. Doe, 1980-NMCA-147, 95 N.M. 88, 619 P.2d 192.

Petition complies. — A petition, signed by the children's court attorney stating that probation services has determined that the best interest of the child and the public requires that a petition, as authorized by former Section 32-1-14 NMSA 1978, be filed, complied with former Section 32-1-17 NMSA 1978 and was sufficient to satisfy the requirement of a "finding" in Rule 22(a), N.M.R. Child. Ct. (now Rule 10-203(a)). State v. Doe, 1978-NMCA-099, 92 N.M. 198, 585 P.2d 342.

Noncompliance of petition. — The district court erred in applying the provisions of the probate court to appellees' application for guardianship and in adjudicating the child to be neglected under procedural provisions outside the provisions of the Children's Code, because the petition alleging neglect, seeking removal of the child from the mother's custody and the appointment of guardians did not comply with the provisions of former Section 32-1-18 NMSA 1978 (now Section 32A-1-10 NMSA 1978) and Section 32-1-17B NMSA 1978 (now Section 32A-2-8 NMSA 1978). In re Guardianship of Lupe C., 1991-NMCA-050, 112 N.M. 116, 812 P.2d 365.

Law reviews. — For comment, "The Freedom of the Press vs. The Confidentiality Provisions in the New Mexico Children's Code," see 4 N.M.L. Rev. 119 (1973).

Am. Jur. 2d, A.L.R. and C.J.S. references. — 47 Am. Jur. 2d Juvenile Courts and Delinquent and Dependent Children § 52 et seq.

43 C.J.S. Infants §§ 93, 99.