2019 New Mexico Statutes
Chapter 32A - Children's Code
Article 2 - Delinquency
Section 32A-2-9 - Taking into custody.

A child may be taken into custody:

A. pursuant to the order of the court issued because a parent, guardian or custodian fails when requested to bring the child before the court after having promised to do so when the child was delivered upon release from custody;

B. pursuant to the laws of arrest for commission of a delinquent act; or

C. by a juvenile probation and parole officer proceeding pursuant to the provisions of Section 32-2-5 [32A-2-5] NMSA 1978.

History: 1978 Comp., § 32A-2-9, enacted by Laws 1993, ch. 77, § 38.

Decisions under prior law. — In light of the similarity of the provisions, annotations decided under former Section 32-1-22 NMSA 1978 have been included in the annotations to this section.

Taking juvenile into custody is not to be termed an arrest. 1960 Op. Att'y Gen. No. 60-166.

Filing of petition necessary before detention. — A juvenile may not be picked up or detained without some person first having caused to be filed a petition alleging the facts causing the juvenile to come within the purview of the Juvenile (now Children's) Code, and then only upon order of the court. 1962 Op. Att'y Gen. No. 62-32.

Police not prevented from taking juvenile while upon school premises. — The statutes governing the duties of teachers, county boards of education, county school superintendents and the state board of education [public education department] do not impose the obligation or grant the power to prevent the police taking juveniles into custody while upon school premises. 1960 Op. Att'y Gen. No. 60-166 (see 1964 Op. Att'y Gen. No 64-56).

Officers of the police, sheriff's department or juvenile (now children's) court have authority to take children into custody while they are on school grounds for the purpose of questioning. 1960 Op. Att'y Gen. No. 60-166 (see 1964 Op. Att'y Gen. No 64-56).

Circumstances where officer cannot detain juvenile. — A law enforcement officer cannot detain or pick up a juvenile while on school grounds or any where else for the purpose, for instance, of questioning concerning an offense in which the juvenile may be implicated in the absence of a warrant or circumstances or surroundings which indicate that the juvenile's welfare is endangered, or in the absence of the juvenile being found violating some statute or ordinance. 1964 Op. Att'y Gen. No. 64-56.

Police may not "pick up" juvenile probation violators on orders of probation officers. — Municipal police officers may not pick up delinquent children for suspected probation violations pursuant to "pick up" orders issued by juvenile probation officers since such orders are not warrants, directives of a law enforcement official or valid process of the court. 1984 Op. Att'y Gen. No. 84-01.

Detention until bond posted violates provisions. — The action of the police, acting unilaterally in detaining a child in jail for violating a city's curfew ordinance until his parents post bond, is contrary to the Children's Code. 1975 Op. Att'y Gen. No. 75-58.

Extradition of juveniles from another state. 1973 Op. Att'y Gen. No. 73-14 (see now Section 32A-10-1 NMSA 1978).

Law reviews. — For article, "Child Welfare Under the Indian Child Welfare Act of 1978: A New Mexico Focus," see 10 N.M.L. Rev. 413 (1980).

Am. Jur. 2d, A.L.R. and C.J.S. references. — 47 Am. Jur. 2d Juvenile Courts and Delinquent and Dependent Children § 62 et seq.

Power of court or other public agency to order medical treatment for child over parental objections not based on religious grounds, 97 A.L.R.3d 421.