|
Acknowledgments
The staff of the Corinne Wolfe Children’s Law Center and the New Mexico Judicial Education Center at the Institute of Public Law, University of New Mexico School of Law, gratefully acknowledge the remarkably generous assistance provided by the many volunteers throughout the state who helped in developing this Handbook.
The Handbook, when originally published in 2000, was ably guided by an exceptionally talented and hard-working planning committee made up of the following members, who also served as writers and reviewers:
- Angela Adams, Chief Children’s Court Attorney, Children, Youth & Families Dept.
- Hon. Christina Armijo, New Mexico Court of Appeals
- Patricia Briggs, Project Director, Citizen Review Board
- Hon. Ralph Gallini, Fifth Judicial District
- Toby Grossman, Attorney, American Indian Law Center, Inc.
- Jennifer Davis Hall, Attorney, Albuquerque
- Julie Fallin, Training Director, New Mexico CASA Network
- Hon. Patricio M. Serna, New Mexico Supreme Court
- Susan Simmons, Attorney, Albuquerque
Numerous other individuals contributed their expertise and time in researching and writing portions of the Handbook or its 2003 and 2007 updates, reviewing and editing drafts, attending editing meetings, and providing help, support and good cheer along the way. They include:
Writers, many of whom also served as reviewers:
- Richard Bustamante
- Cristen Conley
- Ann Desiderio
- Dr. Elizabeth Dinsmore
- Deborah Dungan
- Tara Ford
- Beth Gillia
- Ann Halter
- Michael Hart
- Hon. Alvin Jones
- Dr. Ken Kenney
- Peter Klages
- Rebecca Liggett
- Gina Maestas
- Don Miller
- Christine Montano
- Susan Page
- Mary Ann Shaening
- Nancy Simmons
- Roy Stephenson
- Lisa Trabaudo
- Kelly Waterfall
Reviewers, some of whom spent countless hours reviewing
text:
- Iris Augusten
- Jean Conner
- Kari Converse
- Sara Seymour Crecca
- Hon. Cynthia Fry
- Todd Heisey
- Diane Garrity
- Elizabeth McGrath
- Dr. Brian Meyer
- Hon. Peggy Nelson
- Brian O’Connell
- Lisa Olewine
- Dan Pearlman
- Andrea Poole
- Hon. Jerry Ritter
- Hon. John Romero
- Ed Schissel
- Linda Yen
Cindy Camarata, Mark Katzman, Jeff Kauffman and Jane Printz, among others, also provided their generous assistance.
Purpose of the Handbook
The purpose of the Handbook is to provide the judiciary and other members of the child welfare community with a comprehensive resource guide to New Mexico’s child abuse and neglect process. While designed and written primarily for judges, the Handbook can be used by other participants in the legal system.
The Handbook incorporates the applicable requirements of the Children’s Code, the Children’s Court rules, court cases and federal laws. It summarizes the child abuse and neglect process, describes the roles and responsibilities of certain key participants, explains the hearings that may take place in a case, and addresses other relevant topics, such as related proceedings, evidence, psychological considerations and special provisions for Indian children.
The Handbook is intended to serve as a current, convenient secondary source of law, policy and practice for child abuse and neglect cases. Do not rely on the Handbook as legal authority; instead, consult primary sources for specific legal language and requirements.
Organization
The Handbook is organized into seven general parts, each divided into chapters addressing the following topics:
Part A: Overview
- Overview of the abuse and neglect process.
- Substantive
and procedural rights of parents and children.
- Key
concepts involved in the process.
Part B: Roles and Responsibilities
- Roles and responsibilities of certain participants, including CYFD, attorneys for parents, the child’s guardian ad litem and attorney, child advocates and foster parents.
- Note that judges, parents and children are addressed throughout the Handbook and are not the subject of individual chapters in this part.
Part C: Child Abuse and Neglect Proceedings
- Proceedings in sequential order of their occurrence, from commencement of a case through appeal.
- Chapters cover issues such as notification, timelines, standard of proof, required findings and other substantive and procedural aspects.
Part D: Evidentiary and Procedural Issues
- Intervention, discovery and evidence.
- Court orders during a case, case management techniques and mediation.
Part E: Other Related Proceedings
- Adoption, kinship guardianship, families in need of court-ordered services, and procedures under mental health and developmental disabilities law.
- Juvenile delinquency and criminal abuse and neglect.
Part F: Medical, Psychological and Social Issues
- Physical, mental and emotional condition of parents and children.
- Types and uses of psychological assessments.
Part G: Federal and Tribal Considerations
- Federal laws affecting state proceedings, including the Adoption and Safe Families Act of 1997.
- Indian children and the requirements of the Indian Child Welfare Act.
In addition, the Handbook contains appendices which include common acronyms, a glossary of terms used in the Children’s Code, and lists of statutes and cases cited in the text.
Style and Format
The Handbook is written in an expository style, using proscriptive language only when the law requires a particular action. Abbreviations are kept to a minimum and should be readily recognizable when encountered. Likewise, citations to statutes, rules and cases use the most concise style possible while still providing adequate reference information. Full citations can be found in the statute and case lists in the appendices. In general, citations in the text use the following style:
- Statutes: New Mexico statutes are
cited as §__-__-__,
such as §32A-4-1, without “NMSA 1978” Federal
laws are cited as __ U.S.C. §___, such as 25 U.S.C. §1901.
- Rules:
New Mexico judicial rules are cited as Rule __-___, such
as Rule 10-301, without the addition
of “NMRA.”
- Cases: New Mexico cases are cited
using the New Mexico Reports citation, such as 116
N.M. 456 (1993), and,
if available, the vendor-neutral citation adopted
in 1998, such as 1998-NMCA-039. Complete citations can
be found in the Table of Cases.
Availability of Laws and Cases
While the Handbook contains citations to numerous state and federal statutes, rules and cases, it does not provide their full text. You can find these legal materials in law libraries and through the Internet. Some examples of no-cost electronic sources are listed below.
Statutes and Court Rules and Forms
Agency Rules
Cases
Effective Date
The Handbook, originally published in November 2000 and updated in 2003 and 2007, is generally current through October 2007. As funds and staffing allow, the Handbook will continue to be updated periodically. Please contact us at the address on the next page for information about the status and availability of updates.
Production
The Handbook was produced under the direction of attorneys Judy Flynn-O’Brien and Pam Lambert in 2000 and 2003 and Ms. Flynn-O’Brien and Beth Gillia in 2007. Ms. Flynn-O’Brien participated on behalf of the Corinne Wolfe
Children’s Law Center, Ms. Lambert participated on behalf of the Judicial Education Center, and Ms. Gillia participated on behalf of both centers. Funding has been provided by the following sources over time:
- State Justice
Institute
- Children, Youth and Families Department
- New Mexico Judicial Education Center
- Corinne Wolfe Children’s Law Center
- Institute of Public Law
- University
of New Mexico School of Law
- Several private foundations
The cover artwork was provided by the New Mexico CASA Network from its collection of art drawn by children in New Mexico.
Additional Copies
For information on purchasing additional copies of the Handbook, as updated in 2007, please contact the Corinne
Wolfe Children’s Law Center. The Handbook is available free of charge under “Benchbooks/Guides” on the New Mexico Judicial Education Center web site, http://jec.unm.edu/.
The Handbook can also be accessed through the Corinne Wolfe Children’s Law Center website, Corinne
Wolfe Children’s Law Center.
Permission to Reproduce
For information on the permission and acknowledgements necessary for reproducing portions of the Handbook, please contact the Corinne Wolfe Children’s Law Center at the address below.
Contacts
For further information on the Handbook, or to report errors or suggestions for future updates, please contact:
Judy Flynn-O’Brien
Corrine Wolfe Children’s Law Center
Institute of Public Law
MSC11 6060
1 University of New Mexico
Albuquerque, NM 87131-0001
505-277-1050 (phone)
505-277-5483 (fax)
jafob@unm.edu (e-mail)
Copyright and Disclaimer
New Mexico Child Welfare Handbook © 2000, 2003, 2007 by the Institute of Public Law, University of New Mexico School of Law
This handbook is intended for educational and informational purposes only. The book is not intended to provide legal advice and readers are responsible for consulting the statutes, rules and cases pertinent to the proceeding in which they are involved or the issue they are addressing. Readers must also keep in mind that recent years have seen substantial changes in the laws and procedures governing child abuse and neglect proceedings and that both law and procedure are continuing to change.
|
