14.1 PURPOSE OF THE MEETING
The pre-adjudicatory hearing meeting is intended to expedite settlement, develop a treatment plan and identify placement alternatives. The meeting requirement in §32A-4-19 consists of one subsection:

B. Prior to the adjudicatory hearing, all parties to the hearing shall attend a mandatory meeting and attempt to settle issues attendant to the adjudicatory hearing and develop a proposed treatment plan that serves the child’s best interest.

There are two aspects to these meetings, which are sometimes referred to as treatment planning conferences:

• Resolution of the abuse or neglect allegations; and
• Addressing the treatment plan.

Even if the parties are not able to agree on one of these, they may be able to agree on the other. Similarly, it may be possible to narrow the issues to be tried.

14.2 TIMING AND INITIATION
The meeting is held some days before the adjudicatory hearing. It is best to set the dates for both the meeting and the adjudicatory hearing at the initial custody hearing, while the parties are present, especially in view of the accelerated timeframes.

As a practical matter, CYFD takes responsibility for notifying the parties and conducting the meeting. While the children’s court attorney arranges the meeting, the judge orders everyone to appear.

14.3 PARTICIPANTS
Section 32A-4-19(B) requires that all parties to the adjudicatory hearing attend the meeting. Hence, at a minimum, the meeting should include the children’s court attorney and the treatment social worker for CYFD, the respondent and respondent’s counsel, and the child (if age appropriate) and the child’s GAL or youth attorney. Any other persons the state has joined as parties or who have been permitted to intervene should also participate.

14.4 CONDUCT OF THE MEETING
While the court does not participate in the pre-adjudicatory hearing meeting, it can play a role by encouraging and admonishing the parties to take advantage of this confidential and non-coercive opportunity to air their concerns. Mediation is used for this meeting in some jurisdictions. See Handbook §29.4.

• The meeting offers an excellent and important opportunity to try to settle the case. The prospects for settlement are greatest before positions become entrenched and personalities traumatized by litigation. Early settlement is particularly important when the lives of children are in the balance.
• Parents who are motivated to regain custody of their children may be more disposed to participate in a treatment plan presented in a confidential, non-adversarial setting.

The focus of the meeting should be on meeting the needs of the children. Focusing on the needs of the children rather than the parents may help everyone minimize confrontation at the meeting.

A parent may be reluctant to disclose information that could be construed as an admission, especially where there is the possibility of criminal prosecution. CYFD has prepared a form that meeting participants sign concerning the non-disclosure of statements made at the meeting, but the agreement is not binding on the district attorney. As a result, some respondents’ attorneys may advise their clients to remain silent as to the allegations of abuse or neglect. Nevertheless:

• productive talks can still take place regarding aspects of the treatment plan;
• in many cases, questions of custody and visitation can be negotiated, even where there is disagreement as to some of the allegations of the petition; and
• the attorneys can use the meeting to narrow the issues that need to be tried.

If no agreement is forthcoming, the parties are at least in a better position because of the pre-adjudicatory meeting to advise the court as to the anticipated length and extent of the trial, and to address any pre-trial issues.

14.5 PROPOSED TREATMENT PLAN
If the child is adjudicated an abused or neglected child during the adjudicatory hearing or if the parties settle the abuse or neglect issues in such a way that the case proceeds directly to the disposition hearing, then the court will consider the treatment plan proposed by the parties at the disposition hearing. The pre-adjudicatory hearing meeting is an opportunity for the parties to try to come to agreement on what the proposed plan should look like.

Ideally, the treatment social worker will come to the pre-adjudicatory hearing meeting with a proposed treatment plan, with all necessary assessments and evaluations having been completed. If time allows, the pre-disposition study required by §32A-4-21 will be circulated to the parties in advance of the meeting.

Section 32A-4-21(B) calls for a treatment plan that sets forth steps to ensure that the child’s physical, medical, psychological and educational needs are met and that sets forth services to be provided to the child and the parents to facilitate permanent placement of the child in the parent’s home. The treatment plan should address:

• the parental behavior that led to removal of the child from the home and that has to be changed; and
• the child's needs.

Meeting participants should examine the plan: 

• Are the desired outcomes/goals of the plan clear?
• Is there a logical connection between a program requirement and the changes in behavior needed?
• Who is responsible for carrying out which portions of the plan?
• What obstacles to implementation of the plan can be identified and how can they be overcome?
• Who can help?
• How can the parent demonstrate that problematic behaviors are changing or have changed?
• Most importantly, does the parent understand the requirements and consequences that have been proposed?
• Are the child’s needs being addressed, e.g., special education needs, psychological problems, physical problems, etc.?

Examining the treatment plan with these issues in mind and working to ensure that the parents understand the goals and requirements of the plan are particularly important since mere compliance with the terms of a treatment plan, without changes in behavior that reduce the risk of harm to the children, does not guarantee return of the children to the parents. See, State ex rel. CYFD v. Athena H., 2006-NMCA-113, 140 N.M. 390.

With regard to placement and visitation:

• What provisions have been made for visitation or otherwise maintaining the relationship between the child and the respondent?
• If the child must be in substitute care, can the respondent help identify another adult who is known to the child and who could serve as the substitute care provider, keeping in mind state licensing requirements for substitute care providers? This concern can be especially significant when the respondent is or will be incarcerated or enrolled in residential treatment, as for substance abuse.

Ordinarily, the plan will concentrate on those steps necessary for the child to return to the home. However, if aggravated circumstances are alleged (see Handbook §15.5.4) or if the child’s permanency plan has already changed, then CYFD will emphasize permanency as the child’s primary requirement and identify an alternative placement as the primary objective of the plan. In such cases, candor and creativity can combine to focus the meeting on finding a suitable permanent placement for the child, and may include some form of post adoption contract agreement. See Handbook §§22.3.3, 29.4, 30.4.2.

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