2021 New Mexico Statutes
Chapter 32A - Children's Code
Article 4 - Child Abuse and Neglect
Section 32A-4-1 - Short title.
Chapter 32A, Article 4 NMSA 1978 may be cited as the "Abuse and Neglect Act".
History: 1978 Comp., § 32A-4-1, enacted by Laws 1993, ch. 77, § 95; 2016, ch. 54, § 1.
ANNOTATIONSCross references. — For provisions of Safe Haven for Infants Act, see 24-22-1 NMSA 1978 et seq.
For abuse of a child, see 30-6-1 NMSA 1978.
For the Kinship Guardianship Act, see 40-10B-1 NMSA 1978 et seq.
The 2016 amendment, effective May 18, 2016, after "Chapter", deleted "32" and added "32A".
Act not unconstitutionally vague. — Abuse and Neglect Act is not unconstitutionally vague. State ex rel. Children, Youth & Families Dept. v. Shawna C., 2005-NMCA-066, 137 N.M. 687, 114 P.3d 367.
Double jeopardy. — The New Mexico constitution and double jeopardy statute, Section 30-1-10 NMSA 1978, do not prohibit the state from prosecuting defendants for child abuse because CYFD previously investigated defendants for child abuse and the tribal court previously held a custody hearing on the same issues. In the previous proceedings, the civil sanctions imposed on the defendant were remedial rather than punitive. State v. Diggs, 2009-NMCA-099, 147 N.M. 122, 217 P.3d 608, cert. denied, 2009-NMCERT-007, 147 N.M. 362, 223 P.3d 359.
Because the statutory scheme of the Abuse and Neglect Act is unitary in nature, the process due at each stage should be evaluated in light of the process received throughout the proceedings. State ex rel. Children, Youth & Families Dep't. v. Maria C., 2004-NMCA-083, 136 N.M. 53, 94 P.3d 796.
Parent has constitutional right to fair notice and opportunity to participate in all critical stages of abuse and neglect proceedings. State ex rel. Children, Youth & Families Dep't. v. Maria C., 2004-NMCA-083, 136 N.M. 53, 94 P.3d 796.
District court has affirmative duty to ensure the parents' due process rights are protected from the initiation of abuse and neglect proceedings. State ex rel. Children, Youth & Families Dep't. v. Maria C., 2004-NMCA-083, 136 N.M. 53, 94 P.3d 796.
