Statutory Changes
Rule Changes
New Case Law
Other Developments

The years 2001 and 2002 and the first several months of 2003 saw a number of developments in the areas covered by this Handbook, which was first published in November 2000.  As a result, most chapters of the Handbook have been revised in some way.  The updated Handbook, generally current through October 2003, includes changes in statutes, rules, practices and procedures, and new case law.

Statutory Changes

Amendments to several articles of the New Mexico Children’s Code were enacted in 2001 and 2003, including:

• General Provisions:  A change in the definition of permanency plan to reflect the changes in federal law under the Adoption and Safe Families Act (ASFA).
• Abuse and Neglect Act: A requirement that the state file for termination of parental rights (TPR) when a child has been in foster care, as defined, for 15 of the most recent 22 months, with some exceptions; a requirement that the state be engaging in concurrent planning by the time TPR is filed; and a provision prohibiting TPR based solely on the parent’s incarceration, reflecting prior case law.
• Adoption Act:  Implementation at the state level of the federal Intercountry Adoption Act and the Hague Convention on Protection of Children, fingerprinting of persons filing petitions to adopt, some changes to sections on placement and open adoption, and changes in the definition of “acknowledged father.”
• Delinquency Act:  Extensive changes were made to the Act in 2003, especially with regard to detention.  A new purpose was added: “To strengthen families and to successfully reintegrate children in to homes and communities.”

At least two new laws of particular importance for families and children at risk were passed, and the Criminal Code was amended to strengthen the laws on sexual abuse of children:

• Kinship Guardianship Act:  This Act was passed in 2001 to provide caregivers a means to obtain guardianship of children living in their home without a parent. A new chapter of the Handbook is devoted to the Act.
• Safe Haven for Infants Act:  This law, also passed in 2001, allows for leaving an unwanted infant safely at a hospital without fear of prosecution for abandonment.
• Criminal Code:  Amendments include the creation of new sexual offenses against children and increased penalties for certain others.

The federal Promoting Safe and Stable Families Amendments of 2001 are summarized in the chapter on federal law affecting state proceedings.  Among other things, the Amendments authorize vouchers for post-secondary education for youth aging out of foster care and allow their use to the age of 23. 

Rule Changes

The New Mexico Supreme Court has adopted several new Children’s Court Rules, most notably rules on discovery and disclosure in abuse and neglect cases.  The Court has also adopted a number of new Children’s Court Forms, including forms for proceedings under the Children’s Mental Health and Developmental Disabilities Act.

New Case Law

Several appellate cases have been decided in the subject areas covered by the Handbook, including, among others: 

• Albuquerque Journal v. Jewell on confidentiality of Children’s Court proceedings;
• Amy B. on the relatively new provisions on aggravated circumstances and reasonable efforts under the Abuse and Neglect Act;
• Christopher L. and Mafin M. on parents’ due process rights in TPR hearings;
• Ashleigh R. on guardianship under the Probate Code;
• Williams v. Williams on grandparent visitation, distinguishing the U.S. Supreme Court’s decision in Troxel v. Granville;
• Erickson K. on the applicability of the Rules of Evidence to the adjudicatory part of a juvenile probation revocation hearing.

Other Developments

The Supreme Court has approved performance standards for court-appointed attorneys in civil abuse and neglect cases.  These standards are included in their entirety in the chapters on guardians ad litem and respondents’ attorneys.

The courts and the parties in abuse and neglect cases have acquired substantial experience in incorporating ASFA requirements into the proceedings and this is reflected throughout the Handbook.  The ASFA regulations were noted in the original Handbook but had taken effect not long before it went to press.

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A few chapters have not been changed, including the chapter on GALs for incompetent respondents, a subject under discussion currently, and the chapter on Indian children and the Indian Child Welfare Act.  The last reported case on ICWA in New Mexico, Andrea Lynn M., was published shortly before, and included in, the original Handbook.

We regret if we have missed any developments that should be reported in the Handbook, and we urge our readers to bring these matters to our attention.  As always, of course, we welcome any comments, suggestions or corrections that will improve the book as a resource for judges and participants in abuse and neglect cases.  Contact information is provided in the Introduction to the Handbook.

The Editors