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

As amended through August 23, 2024

Rule 10-505 B - Ex parte custody order (child not 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

THE STATE OF NEW MEXICO TO ANY OFFICER² AUTHORIZED TO EXECUTE THIS ORDER

I

YOU ARE HEREBY COMMANDED to take ____________________________ , _____________________ (name of child or children), born ____________________ , ___________________ (date of birth for each child) without unnecessary delay and deliver the child(ren) into the custody of the Children, Youth and Families Department.

II

You are further commanded to serve a copy of this order on _______________________ ([respondent Respondent or Respondents]).

III

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 _________________________ (af actual recitation is required for each child).

IV

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) be placed in the legal custody of the Children, Youth and Families Department.

IT IS ORDERED that the child(ren) be placed in the legal custody of the New Mexico Children, Youth and Families Department until further order of the court.

Dated this _______________ day of ____________________ , ___________ .

Submitted by:

____________________________

Children's Court Attorney

RETURN

I took the above-named child(ren) into custody and delivered the child(ren) into the legal custody of the Children, Youth and Families Department on the _____________ of _______________ , ___________ . A copy of this ex parte custody order [and a copy of the petition]³ [was] [were] served on ___________________ ⁴ (Respondent) on the

________________ day of __________________ , __________ .

________________________________

Signature

________________________________

Title

USE NOTES

1. For use when the child has not been placed in the custody of the department. Form 10-505A NMRA is used when the child is in the custody of the department.

2. This order shall be served by a person authorized to serve arrest warrants.

3. Order and petition may, but are not required to, be served together.

4. Write the name of every respondent served.

[10-420 NMRA, as amended and recompiled, effective August 1, 1999; 10-452 recompiled and amended as 10-505B 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 B

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 not in state custody; deleted the former title of the rule, "The State of New Mexico to any officer authorized to execute this order", and added the current title; deleted the former caption of the case and added the current caption; in the title of the form, after "AUTHORIZED TO", deleted "SERVE AN ARREST WARRANT" and added "EXECUTE THIS ORDER"; in Paragraph III, added the second sentence; in Paragraph IV, in the first sentence, after "have been made to", deleted "avoid" and added "prevent", and after "from the home", deleted "or given the circumstances, the court finds that reasonable efforts to keep the child(ren) in the home are unnecessary" and added "as follows: ______ (a factual recitation is required)" and in the second sentence, after "placed in the", added "legal"; in the last paragraph, after "ORDERED that", deleted "custody of", and added the signature line for the Children's Court Attorney; in the Return portion of the form, after "RETURN", deleted "WHERE CHILD IS FOUND", after "child(ren) into the", added "legal", after the two blanks, deleted "and served a", and added "[was][were] served"; and in the Use Note, in Paragraph 1, after changed "10-453" to "10-505A NMRA", in Paragraph 2, after "This order", deleted "is served with the petition" and added the remainder of the sentence", and added Paragraphs 3 and 4. Recompilations. - Pursuant to Supreme Court Order No. 14-8300-009, former Form 10-452 NMRA was recompiled and amended as Form 10-505B NMRA, effective December 31, 2014.