N.M. R. Child. Ct. 10-317

As amended through August 23, 2024

Rule 10-317 - Notice of change in placement

A.Notice required. The department shall provide written notice of a change in a child's placement, including a return to the child's home, and of the factual grounds supporting the change in placement at least ten (10) days before the placement change, unless an emergency requires moving the child prior to sending notice. The notice shall be substantially in the form approved by the Supreme Court and shall be provided to the following:

(1) the children's court;

(2) the child's guardian ad litem or attorney;

(3) all parties;

(4) the child's CASA; and

(5) the child's foster parents.

B.Contesting a change in placement. The child, by and through the child's guardian ad litem or attorney, may file a motion to contest the proposed change in placement. When such a motion is filed, the department shall not change the child's placement pending the court's ruling on the motion, unless an emergency requires a change in placement prior to the court's ruling.

C.Notice of emergency change of placement. When the department changes a child's placement without the prior notice required in Paragraph A of this rule, the department shall provide written notice substantially in the form approved by the Supreme Court within three (3) days after the placement change. The notice shall be sent to the recipients listed in Paragraph A of this rule.

D.Written notice not required. Written notice is not required for removal of a child from temporary emergency care, emergency foster care, or respite care. The department shall orally notify the child's guardian ad litem or attorney of such a removal.

N.M. R. Child. Ct. 10-317

Adopted by Supreme Court Order No. 14-8300-002, effective for all cases filed or pending on or after on or after8/31/2014.

Committee commentary. - This rule is modeled substantially after NMSA 1978, Section 32A-4-14, which requires the department to give notice of a child's change in placement. Unlike the statute, however, the rule requires the department to notify the court of any change in the child's placement, including when the change is made at the request of the child's foster parents or substitute care provider. Contra id. § 32A-4-14(D).

[Adopted by Supreme Court Order No. 14-8300-002, effective for all cases filed or pending on or after August 31, 2014.]