2019 New Mexico Statutes
Chapter 32A - Children's Code
Article 3B - Families in Need of Court-Ordered Services
Section 32A-3B-12 - Adjudicatory hearing; time limitations.
A. An adjudicatory hearing for an alleged family in need of court-ordered services shall be commenced within sixty days after the date of service on the respondent.
B. The children's court attorney shall represent the state at the adjudicatory hearing.
C. If the adjudicatory hearing is not commenced within the time limits specified in this section or within the period of any extension of those time limits, the petition shall be dismissed with prejudice.
History: 1978 Comp., § 32A-3B-12, enacted by Laws 1993, ch. 77, § 84; 2009, ch. 239, § 30.
ANNOTATIONSThe 2009 amendment, effective July 1, 2009, in Subsection A, changed "ninety days" to "sixty days"; after "ninety days after the", deleted "latest of the following dates:"; deleted Paragraphs (1) through (3) of Subsection A, which listed the date the petition is served on the respondent; the date the trial court orders a mistrial or a new trial; and the date a mandate in an appeal or order disposing of the appeal is filed; and added "date of service on the respondent".
Applicability. — Laws 2009, ch. 239, § 71, provided that the provisions of this act apply to all children who, on July 1, 2009, are on release or are otherwise eligible to be placed on release as if the Juvenile Public Safety Advisory Board Act had been in effect at the time they were placed on release or became eligible to be released.
