N.M. R. Child. Ct. 10-101
N.M. R. Child. Ct. 10-101
Committee commentary. - Prior to the 2014 amendments, a child alleged by the state to be a youthful offender was subject to the Rules of Criminal Procedure for the District Courts on the state's filing of a "notice of intent to invoke an adult sentence." See NMSA 1978, § 32A-2-20(A)(2009). The amendments provide that alleged youthful offenders are subject to the Children's Court Rules for the duration of their proceedings. See State v. Jones, 2010-NMSC-012, ¶ 32 n.2, 148 N.M. 1, 229 P.3d 474 (directing the Children's Court Rules Committee to revisit the question of which rules best protect the rights and interests of children who are alleged to be youthful offenders).
ANNOTATIONS The 2014 amendment, approved by Supreme Court Order No. 14-8300-015, effective December 31, 2014, made the rule applicable to youthful offenders; applied the Rules of Criminal Procedure for the District Courts only to serious youthful offenders; added Paragraph A (1)(b); deleted former Paragraph A (2) which provided that the Rules of Criminal Procedure governed procedure in proceedings in district court in which the child was alleged to be a serious youthful offender and in proceedings in children's court in which the child was alleged to be a youthful offender and that if the child was not charged as a youthful offender, then the Children's Court rules applied; added current Paragraph A (2); in Paragraph A (3), after "in which a child is", deleted "charged as" and added "alleged to be" and after "'serious youthful offender'", deleted "or 'youthful offender' as those terms are" and added "as that term is"; in Paragraph A (4), after "in which a child is", deleted "charged as" and added "alleged to be"; and in Paragraph C (3), after "and includes", deleted "a" and added "the following". The 2008 amendment, approved by Supreme Court Order No. 08-8300-042, effective January 15, 2009, deleted the word "definitions" in the title; in Paragraph A(b), changed "Family in Need of Services Act" to "Families in Need of Court-Ordered Services Act"; in Paragraph A(4), changed"'serious youthful offender' or 'youthful offender' as those terms are defined in the Children's Code" to "'serious youthful offender' as that term is defined in the Children's Code"; added new Subparagraph (6) of Paragraph A; added new Paragraph C; and relettered former Paragraphs C and D as Paragraphs D and E. The 1997 amendment, effective April 1, 1997, added "Except as specifically provided by these rules" in Paragraph A, deleted "and Forms" following "Rules" and added "by the state" in Subparagraph A(1), substituted "to have committed a delinquent act" for "to be a delinquent" and "Delinquency Act" for "Children's Code" in Subparagraph A(1)(a), substituted "Family in Need of Services Act" for "Children's Code" in Subparagraph A(1)(b), substituted "Abuse and Neglect Act" for "Children's Code" and added the language beginning "including" in Subparagraph A(1)(c), substituted "in" for "except for disposition proceedings" and added the last sentence in Subparagraph A(2)(b), substituted "child is charged as a 'serious youthful offender' or 'youthful offender' as those terms are defined in the Children's Code" in Subparagraphs A(3) and A(4), inserted "and forms" and deleted "and Forms" following "Rules" in Paragraph C, and rewrote Paragraph D. The 1994 amendment, effective March 1, 1994, rewrote Paragraph A, which read "These rules govern the procedure in the children's courts of New Mexico in all matters involving children alleged to be delinquent, in need of supervision, abused or neglected, as defined in the Children's Code."
Cross references. - For Children's Code definitions, see Section 32A-1-4 NMSA 1978. For establishment of children's court as division of district court (or additional family court division), see Section 32A-1-5 NMSA 1978. Supreme Court intended that application of the Children's Court Rules and Rules of Criminal Procedure in youthful offender cases turns on the nature of the offenses charged. State v. Stephen F., 2005-NMCA-048, 137 N.M. 409, 112 P.3d 290, cert. granted, 2005-NMCERT-004. Rules govern all dispositional proceedings. - Reading the Children's Code and the Children's Court Rules together, the overall scheme contemplates that, while the Rules of Criminal Procedure govern the adjudicatory proceedings in youthful offender cases, the Children's Court Rules govern all dispositional proceedings for all youthful offenders. State v. Stephen F., 2005-NMCA-048, 137 N.M. 409, 112 P.3d 290, cert. granted, 2005-NMCERT-004. Once a child is adjudicated a youthful offender, the Children's Court Rules governing dispositional proceedings, not the Rules of Criminal Procedure, should apply in all cases. State v. Stephen F., 2005-NMCA-048, 137 N.M. 409, 112 P.3d 290, cert. granted, 2005-NMCERT-004. Failure to follow statutory procedure denied respondent due process. - Where the parent was charged with neglect and abandonment of the parent's children; at the end of the hearing, after all evidence had been presented, CYFD asserted in its closing argument that there was sufficient evidence to support a finding of abuse; the court considered CYFD's argument as a motion to amend to conform to the evidence pursuant to Rule 1-015 NMRA and granted the motion to amend the petition to include a claim of abuse; the court did not hear the issue of abuse; and the court found that the parent neglected and abused the children, the parent's due process rights were violated by the amendment procedure because the court erred by relying on Rule 1-015 NMRA and by not holding a hearing on the abuse issue as required by Section 32A-1-18 NMSA 1978. State ex rel. CYFD v. Steve C., 2012-NMCA-045, 277 P.3d 484. Paragraph A(2)(b) governs only adjudicatory phase of certain youthful offender proceedings. State v. Stephen F., 2005-NMCA-048, 137 N.M. 409, 112 P.3d 290, cert. granted, 2005-NMCERT-004. Rule 11 (now see Rule 10-111 NMRA) limits inherent power of district judge. - Rule 11 (now see Rule 10-111 NMRA) limits the inherent power of a district judge to appoint a special master in children's court. State v. Doe, 1979-NMCA-126, 93 N.M. 621, 603 P.2d 731. Consequence of violating Rule 49(b) (now see Paragraph B of Rule 10-229 NMRA) is dismissal. - Consistent with this rule, and giving effect to the mandatory aspect of the time requirements of Rule 49 (now see Rule 10-229 NMRA), the consequence of violating Paragraph B of the latter rule is dismissal. State v. Doe, 1979-NMCA-063, 93 N.M. 31, 595 P.2d 1221. Law reviews. - For article, "The New Mexico Children's Code: Some Remaining Problems," see 10 N.M.L. Rev. 341 (1980). Am. Jur. 2d, A.L.R. and C.J.S. references. - 42 Am. Jur. 2d Infants §§ 16 , 17 ; 47 Am. Jur. 2d Juvenile Courts §§ 4 , 8 , 13 to 15. Marriage as affecting jurisdiction of juvenile court over delinquent or dependent, 14 A.L.R.2d 336. Homicide by juvenile as within jurisdiction of juvenile court, 48 A.L.R.2d 663. Court's power to punish for contempt a child within the age group subject to jurisdiction of juvenile court, 77 A.L.R.2d 1004. Right to jury trial in juvenile court delinquency proceedings, 100 A.L.R.2d 1241. Right of bail in proceedings in juvenile courts, 53 A.L.R.3d 848. Expungement of juvenile court records, 71 A.L.R.3d 753. Extradition of juveniles, 73 A.L.R.3d 700. Parent's involuntary confinement, or failure to care for child as result thereof, as evincing neglect, unfitness or the like in dependency or divestiture proceeding, 79 A.L.R.3d 417. 21 C.J.S. Courts §§ 124 to 134; 43 C.J.S. Infants §§ 7, 98.