A.Predisposition report. If the court finds that the respondent has abused or neglected the child, the court shall hold a dispositional hearing. If the dispositional hearing is not held at the same time as the adjudicatory hearing, the department shall prepare a predisposition report. Unless the dispositional hearing is held in conjunction with the adjudicatory hearing, at least five (5) days prior to the dispositional hearing, the department shall file with the court and serve on each party a predisposition report.B.Access to reports. At the time of serving the department's dispositional plan on the parties, the department shall serve each party with:(1) copies of any social, diagnostic or other predisposition reports ordered by or submitted to the court; and(2) a proposed disposition order.C.Time. If, at the conclusion of an adjudicatory hearing, the child is found to be abused or neglected, the court may proceed immediately to make disposition of the case. If the dispositional hearing is not held in conjunction with the adjudicatory hearing, it shall commence within thirty (30) days after conclusion of the adjudicatory hearing. N.M. R. Child. Ct. 10-344
Adopted April 1, 1976, Children's Court Rule 45 NMSA 1953; recompiled and amended effective 11/1/1978 as Children's Court Rule 61 NMSA 1978; as amended effective 2/1/1982;5/1/1986; Rule 10-309 SCRA 1986; Rule 10-309 NMRA; recompiled as Rule 10-321 and amended, effective 2/15/1999; Rule 10-321 NMRA, recompiled and amended as Rule 10-344 NMRA by Supreme Court Order No. 08-8300-042, effective 1/15/2009.Committee commentary. - As to the predisposition study and report, see Section 32A-4-21 NMSA 1978.
[As amended by Supreme Court Order No. 08-8300-042, effective January 15, 2009.]
ANNOTATIONS The 2008 amendment, approved by Supreme Court Order No. 08-8300-042, effective January 15, 2009, in Paragraphs A and B, deleted the references to guardian ad litem. The 1999 amendment, effective for cases filed in the Children's Court on and after February 15, 1999, rewrote the rule, adding present Paragraph A and deleting former Paragraphs C and D, relating to findings and reports. Recompilations. - Pursuant to Supreme Court Order No. 08-8300-042, Rule 10-321 NMRA was recompiled as Rule 10-344 NMRA, effective January 15, 2009.
Cross references. - For hearing of evidence on disposition of child, see Section 32A-2-16 NMSA 1978. For predisposition studies, reports and examinations, see Section 32A-2-17 NMSA 1978. For disposition of child, see Sections 32A-2-19 and 32A-4-22 NMSA 1978.