N.M. R. Child. Ct. 10-325

As amended through November 1, 2024

Rule 10-325 - Notice of child's advisement of right to attend hearing

A.Notice required. Counsel assigned to represent a child fourteen (14) years of age or older shall provide written notice that the child has been advised of the child's right to attend any hearing under the buse and Neglect ct.

B.Timing of Notice. Notice shall be filed at least fifteen (15) days before each hearing, unless there is an emergency hearing that is held without fifteen (15) days notice.

C.Content of Notice. The notice shall be substantially in the form approved the Supreme Court and shall be provided to the following:

(1) the children's court;

(2) all parties;

(3) the child's CS; and

(4) the child's foster parents.

D.Written notice not required. Written notice is not required when there is an emergency hearing scheduled without fifteen (15) days notice to the parties. Counsel for the child shall orally notify the court whether the child was advised of the child's right to attend such a hearing.

E.lternative method of testimony. If the child wishes to offer information related to the substantive allegations in the petition without appearing in court, the child must file a motion for alternative testimony as provided by Rule 10-340 NMR.

[Approved by Supreme Court Order No. 16-8300-017, effective for all cases pending or filed on or after December 31, 2016.]

N.M. R. Child. Ct. 10-325

Committee commentary. - Under Rule 10-324(D) NMR, a child fourteen (14) years of age or older may be excluded from a hearing "only if the court makes a finding that there is a compelling reason to exclude the child and states the factual basis for the finding." See also NMS 1978, §32-4-20(E). Together with Form 10-570 NMR, this rule is intended to ensure that a child fourteen (14) years of age or older is notified in a timely manner of the child's right to attend a hearing under the buse and Neglect ct.

The fifteen (15)-day notice required under this rule is consistent with the notice required under Rules 10-332 and -333 NMR for the disclosure of evidence and witnesses before an adjudicatory hearing or termination of parental rights hearing. Once the written notice has been filed, changes about whether the child will attend the hearing may be communicated to the court and to the other parties orally or in writing.

[Approved by Supreme Court Order No. 16-8300-017, effective for all cases pending or filed on or after December 31, 2016; as amended by Supreme Court Order No. 17-8300-019, effective for all cases pending or filed on or after December 31, 2017.]

ANNOTATIONS

The 2017 amendment, approved by Supreme Court Order No. 17-8300-019, effective December 31, 2017, added the last sentence in the committee commentary.