N.M. Admin. Code § 8.14.2.12
Current through Register Vol. 36, No. 1, January 14, 2025
Section 8.14.2.12 - PREDISPOSITION INVESTIGATION AND BASELINE ASSESSMENTA. After a petition has been filed and either a finding with respect to the allegations of the petition has been made or a notice of intent to admit the allegations has been filed, the court may direct youth and family services or an appropriate agency designated by the court to write a predisposition study and report. Juvenile probation staff provides court ordered predisposition reports to the parties and the court five business days before the actual disposition or sentencing (Section 32A-2-17, NMSA 1978). A predisposition report contains timely and accurate data.B. The department shall prepare a predisposition report for: (1) a serious youthful offender who is convicted of an offense other than first degree murder;(2) a youthful offender concerning the youthful offender's amenability to treatment; or(3) a delinquent offender when ordered by the court.C. If the court does not order a pre-disposition report, juvenile probation may prepare a client family baseline assessment (CFBA) in circumstances outlined in procedures.D. Baseline assessments, or any other reports used for compiling and reporting predisposition information, are not initiated until the client has been adjudicated delinquent, unless the client, with the advice of counsel, consents to the investigation prior to adjudication. Information from the report is not disclosed to the court before the adjudicatory hearing.E. Documents not available in FACTS are delivered promptly to department when a client is committed. Whenever possible, staff accesses FACTS to obtain the most recent client information. Follow-up information such as home studies or updates is submitted to the facility at the earliest possible time after request.F. Assessments, evaluations and other reports are confidential and released only as allowed for by law (Section 32A-2-32, NMSA 1978).G. Staff other than juvenile probation staff may be used to collect information in the preparation of the predisposition report.N.M. Admin. Code § 8.14.2.12
8.14.2.12 NMAC - Rp, 8.14.2.11 NMAC, 7/31/2009