Current through Register Vol. 35, No. 11, June 11, 2024
Section 8.10.7.9 - THE CHILDREN'S COURT ATTORNEYA. Role of the children's court attorney: The children's court attorney shall provide information, interpretation of law and general assistance to PSD in the provision of child protective services and presents PSD's recommendations in a court of law.B. Attorney-client relationship: The primary decision-maker on the case shall be the PSD worker for the purpose of the attorney-client relationship.C. Differences of opinion: When the children's court attorney, PSD worker and supervisor cannot agree on the most appropriate course of action, the issues shall be resolved between the managing children's court attorney and county office manager. The protective services director shall be the final arbiter in a decision.D. Attorney-client privileged communications: Written and verbal communications concerning PSD business between a children's court attorney and a PSD worker is privileged. Privileged communications may not be disclosed to a third party outside the department unless a specific decision with the appropriate approval has been made to waive such privilege.E. No conversations concerning settlement or disposition shall occur in the absence the children's court attorney representing PSD in the case. (1) Direct contact between PSD workers and respondent's counsel is limited to the exchange of routine information, such as, time for visitation and the name of psychologist to perform evaluation.(2) PSD routinely informs the guardian ad litem or child's attorney about important decisions relating to the child.8.10.7.9 NMAC - Rp, 8.10.7.9 NMAC, 3/31/10, Amended by New Mexico Register, Volume XXXII, Issue 10, May 25, 2021, eff. 5/25/2021