N.M. R. Child. Ct. 10-502
[For use with Rule 10-103 NMRA] STATE OF NEW MEXICO
COUNTY OF_______________
__________________JUDICIAL DISTRICT
IN THE CHILDREN'S COURT
STATE OF NEW MEXICO ex rel.
CHILDREN, YOUTH AND FAMILIES DEPARTMENT
No. __________
In the Matter of
_______________________________ , (a) Child(ren), and Concerning
_______________________________ , Respondent(s).
SUMMONS
TO: ________________________________ , Respondent,
______________________________________________
Address
If you need help reading this document, you can call __________________ , and the court will appoint an interpreter for you at no charge.
Si usted necesita ayuda para leer este documento, puede llamar al _______________ , y el tribunal le nombrerá un intérprete sin costo.
YOU ARE SUMMONED to appear before this court. The petition served along with this summons alleges that you have neglected and/or abused the child(ren) named above in the caption. You may file a response to the abuse/neglect petition with the clerk of this court within thirty (30) days after the summons and petition are served upon you, with a copy of your response to the children's court attorney named below. Although a response is not required, the effect of failure to respond is a general denial. Any affirmative defense not set forth in a response may be deemed waived.
If you are a respondent, you have a right to be represented by an attorney in this proceeding. You may hire an attorney of your own choosing at your own expense. If you cannot afford an attorney, you may request the court to appoint an attorney to represent you. You must submit a completed affidavit of indigency to the court if you want the attorney to represent you without charge. Completion does not guarantee a free attorney and the judge will make the final decision on this.
The child(ren) will have an attorney or guardian ad litem appointed to represent him/her/them in this proceeding.
THIS PROCEEDING MAY RESULT IN THE TERMINATION OF YOUR PARENTAL RIGHTS.
(SEAL) ________________________________
Clerk of the District Court
By _____________________________
Deputy
Dated: _______________
Name and address of the Children's Court Attorney
____________________________
____________________________
RETURN OF SERVICE
I, _________________________ , certify that I am over the age of eighteen (18) years and not a party to this lawsuit, and that I served the within summons in said county on the ________ day of ___________________ , _______ , by delivering a copy thereof, with a copy of the petition, affidavit for ex parte custody order, ex parte custody order, order appointing attorney for child(ren), order appointing attorney for respondent attached, in the following manner: (check one box and fill in appropriate blanks)
[ ] by delivering the summons and petition to respondent ___________________ (used when respondent receives copy of
summons or refuses to receive summons).
[ ] by delivering the summons and petition to ___________________ , (a person of suitable age and discretion who resides at the usual place of abode of respondent ___________________ ).
[ ] by delivering the summons and petition to ___________________ ,
(custodial parent) (guardian) (custodian) (conservator) of ___________________ (used when respondent is a minor or an
incapacitated person).
Fees: __________
________________________________
Signature of person making service
________________________________
Title (if any)
Children, Youth and Families Department
______________________________
(Name of children's court attorney)
______________________________
(Address)
______________________________
(Telephone number)
USE NOTES
A copy of the summons and a copy of the petition must be served on each respondent.
N.M. R. Child. Ct. 10-502
ANNOTATIONS The 2016 amendment, approved by Supreme Court Order No. 16-8300-017, effective for all cases pending or filed on or after December 31, 2016, rephrased the provision regarding the request for an interpreter, and removed redundant language regarding the waiver of defenses not affirmatively pled in a response to a petition; after "Address", deleted the next two sentences relating to the request for an interpreter, and added the English and Spanish sentences regarding the request for an interpreter; and in the first undesignated paragraph, after "may be deemed waived", deleted "and may not be allowed unless the court, for good cause shown, allows it". The 2014 amendment, approved by Supreme Court Order No. 14-8300-009, effective December 31, 2014, notified the respondent in English and Spanish that the court will appoint an interpreter if the respondent needs help reading the summons; ordered the respondent to appear before the court and respond to the abuse/neglect petition; notified the respondent that the respondent has a right to be represented by an attorney and that the respondent may ask the court to appoint an attorney; deleted the former caption of the case and added the current caption; added the first and second paragraphs after the blank for the respondent's address; deleted the former first paragraph which ordered the respondent to serve on the attorney for the Department an answer to the petition within thirty days; deleted the former second paragraph which notified the respondent that the proceeding could result in termination of parental rights; added the third paragraph which orders the respondent to appear before the court; added the fourth paragraph which notifies the respondent of the respondent's right to an attorney; added the fifth paragraph which notifies the respondent that the children will be represented by an attorney or guardian ad litem; added the notice that the proceeding may result in termination of parental rights; added the blanks for the name and address of the Children's Court Attorney; in the Return of Service, in the introductory sentence, after "with a copy of the petition", deleted "and ______ " and added "affidavit for ex parte custody order, ex parte custody order, order appointing attorney for child(ren), order appointing attorney for respondent"; and in the Return of Service, after the introductory sentence, in the third sentence, added "by delivering the summons and petition". Recompilations. - Pursuant to Supreme Court Order No. 14-8300-009, former Form 10-403 NMRA was recompiled and amended as Form 10-502 NMRA, effective December 31, 2014.