N.M. R. Child. Ct. 10-301
Article 3 of these rules governs the procedure in abuse and neglect proceedings in the children's court. Unless addressed separately, Article 3 also governs families in need of court-ordered services proceedings in the children's court.
N.M. R. Child. Ct. 10-301
Committee commentary. - Rule 10-101A(1)(c) NMRA of the Children's Court Rules provides that the Children's Court Rules govern procedure in the children's courts of New Mexico in all matters involving children alleged by the state "to be abused or neglected, as defined in the Abuse and Neglect Act, including proceedings to terminate parental rights which are filed pursuant to the Abuse and Neglect Act". Rule 10-101A(5) NMRA provides in part that "the Children's Code and the Rules of Civil Procedure for the District Courts govern the procedure in all other proceedings under the Children's Code". The Rules of Civil Procedure do not automatically apply to abuse and neglect proceedings. Where gaps exist, the Rules of Civil Procedure may be used as guidance for procedural matters under Article 3 not otherwise addressed in the Children's Court Rules.
ANNOTATIONS Compiler's notes. - Pursuant to Supreme Court Order No. 08-8300-042, former Rule 10-301 NMRA, relating to ex parte custody orders, was recompiled as Rule 10-311 NMRA and a new Rule 10-301 NMRA, relating to abuse and neglect proceedings was adopted, effective January 15, 2009.