If the child is found to have committed a delinquent act, a judgment to that effect shall be entered. If the child is found not to be a delinquent child, a judgment to that effect shall be entered. The judgment and disposition shall be rendered in open court and thereafter a written judgment and disposition shall be signed by the judge and filed. The clerk shall give notice of entry of judgment and disposition.
N.M. R. Child. Ct. 10-251
ANNOTATIONS The 2014 amendment, approved by Supreme Court Order No. 14-8300-015, effective December 31, 2014, deleted former provisions regarding appeals; in the title of the rule, deleted "Judgments and appeals" and added the current title; deleted the designation and former title of Paragraph A; deleted former Paragraph B which required the court to advise the child of the right to appeal and the right to appoint counsel and provided that failure to advise the child tolled the time for taking an appeal; and deleted former Paragraph C which provided that appeals were governed by the Rules of Appellate Procedure. The 1997 amendment, effective April 1, 1997, substituted "child" for "respondent" throughout the rule, deleted "or is found to have committed an offense defined as need of supervision" following "act" in the first sentence in Paragraph A, deleted the former second sentence in Paragraph A which read "If it also determined that the respondent is in need of care or rehabilitation, a judgment that the child is a delinquent child or a child in need of supervision shall be entered", deleted "or a child in need of supervision" following "delinquent child" in the present second sentence in Paragraph A, inserted "in open court" in the third sentence in Paragraph A, and deleted "or need of supervision" following "delinquency" in Paragraph C. Recompilations. - Pursuant to Supreme Court Order No. 08-8300-042, Rule 10-230 NMRA was recompiled as Rule 10-251 NMRA, effective January 15, 2009.
Cross references. - For appeals from children's court, see Section 32A-1-17 NMSA 1978. For judgment in proceedings under Children's Code, see Section 32A-2-18 NMSA 1978. For disposition of child, see Sections 32A-2-19 and 32A-4-22 NMSA 1978. For limitations on dispositional judgments, and modification, termination or extension of court orders, see Section 32A-2-23 NMSA 1978. For periodic review of dispositional judgments, see Section 32A-4-25 NMSA 1978. There are two aspects to the determination that child is delinquent child: (1) the act which he committed; and (2) the need for care or rehabilitation. State v. Doe, 1977-NMCA-023, 90 N.M. 249, 561 P.2d 948. State has the right to appeal judgments of the children's court. State v. Doe, 1978-NMCA-124, 92 N.M. 354, 588 P.2d 555. Law reviews. - For survey, "Children's Court Practice in Delinquency and Need of Supervision Cases Under the New Rules," see 6 N.M.L. Rev. 331 (1976). Am. Jur. 2d, A.L.R. and C.J.S. references. - 47 Am. Jur. 2d Juvenile Courts §106 et seq. Interference with enforcement of judgment in criminal or juvenile delinquent case as contempt, 8 A.L.R.3d 657.