N.M. R. Child. Ct. 10-505 A

As amended through August 23, 2024

Rule 10-505 A - Ex parte custody order (child in state custody)

[For use with Rule 10-311 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).

EX PARTE CUSTODY ORDER¹

I

______________ (name(s) of child(ren)), [is] [are] currently in the legal custody of the Children, Youth and Families Department pursuant to a law enforcement hold and [is] [are] placed in ________________ (type of placement).

II

The Court has found there is probable cause to believe that the above named child(ren) [is] [are], abused or neglected as defined in Section 32A-4-2 -NMSA 1978. Furthermore, there is probable cause to believe that continuation in the home would be contrary to the welfare of the child(ren) because ___________________________ (a factual recitation is required for each child).

III

Reasonable efforts have been made to prevent removal of the child(ren) from the home as follows: _____________________________ (a factual recitation is required).

Therefore, it is necessary for the child(ren)'s protection that the child(ren) remain in the legal custody of the Children, Youth and Families Department.

IT IS ORDERED that the children remain in the legal custody of the New Mexico Children, Youth and Families Department until further order of the court.²

Dated this __________ day of ___________________ , _________ .

________________________________

District Court Judge

USE NOTES

1. This order is used when the child is already in the custody of the department.

2. This order may be served with the petition. See Rule 10-311(B) NMRA.

[Approved, effective August 1, 1999; 10-453 recompiled and amended as 10-505A by Supreme Court Order No. 14-8300-009, effective for all cases filed or pending on or after December 31, 2014.]

N.M. R. Child. Ct. 10-505 A

ANNOTATIONS The 2014 amendment, approved by Supreme Court Order No. 14-8300-009, effective December 31, 2014, provided that the form is to be used when the children are in state custody; in the title, added "(child in state custody)"; deleted the former caption of the case and added the current caption; added Paragraph I; in Paragraph II, added the last sentence; in Paragraph III, in the first sentence, after "have been made to", deleted "avoid" and added "prevent" and after "child(ren) from the home", deleted "or, given the circumstances, the court finds it was reasonable to forego those efforts to keep the child(ren) in the home" and added "as follows: ______ (a factual recitation is required)" and in the second sentence, after "remain in the", added "legal"; in the last paragraph, after "ORDERED that the", added "children remain in the legal custody of the", and after "Department", deleted "continue in the custody of the child(ren)"; and in the Use Note, in Paragraph 2, added the last sentence. Recompilations. - Pursuant to Supreme Court Order No. 14-8300-009, former Form 10-453 NMRA was recompiled and amended as Form 10-505A NMRA, effective December 31, 2014.