N.M. R. Child. Ct. 10-714

As amended through November 1, 2024

Rule 10-714 - Consent decree

[For use with Rule 10-228 NMRA]

STATE OF NEW MEXICO

COUNTY OF _______________

_______________ JUDICIAL DISTRICT

IN THE CHILDREN'S COURT

In the Matter of _____________ , a Child. No. __________

CONSENT DECREE

This matter came before the court on _________________ , and the court finds as follows:

1. The court has made a sufficient advisement of rights¹ upon addressing the child in open court and has determined that there is a factual basis for the charges.

2. The child freely and voluntarily ( ) admits to; or ( ) declares the intention not to contest; or ( ) stands mute² to the following delinquent acts filed under this cause number.

3. The state and the child have agreed that the following charges will be dismissed or will not be filed:

________________________________________________________________

_________________

________________________________________________________________

_________________

4. The child's best interests will be served by suspending proceedings without adjudication and placing the child on supervised probation ( ) for a period not to exceed six (6) months ( ) for an agreed-upon extended period not to exceed one (1) year.

5. Upon successful completion of the above agreement, the court shall dismiss the petition with prejudice.

IT IS THEREFORE ORDERED that the child is placed on probation under the terms and conditions of the [plea and disposition agreement] [probation agreement] [and] [or] [motion for consent decree]³, which shall be signed by the child [and parents (if made a party)] and the state and considered a part of this consent decree.

_____________________________

District Judge

____________________________ _____________________________

Children's Court Attorney Child's Attorney

USE NOTES

1. The advice of rights form shall be used to document the advisement.

2. Under NMSA 1978, Section 32A-2-22, when entering into a consent decree, a child is not required to admit some or all of the allegations stated in the delinquency petition.

3. Use applicable bracketed alternative.

N.M. R. Child. Ct. 10-714

Approved, effective 8/1/1999; as amended by Supreme Court Order No. 10-8300-022, effective 8/30/2010; by Supreme Court Order No. 10-8300-025, effective 8/30/2010; 10-425 recompiled and amended as 10-714 by Supreme Court Order No. 16-8300-017, effective for all cases pending or filed on or after 12/31/2016; as amended by Supreme Court Order No. S-1-RCR-2023-00015, effective for all cases pending or filed on after 12/31/2023.

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, changed the caption of the case. The second 2010 amendment, approved by Supreme Court Order No. 10-8300-025, effective August 30, 2010, in Paragraph 4 added "without adjudication" after "proceedings". The first 2010 amendment, approved by Supreme Court Order No. 10-8300-022, effective August 30, 2010, in the reference to applicable rules, added "For use with" and Rule "10-228"; deleted the former style of the case and added the current style of the case; deleted the former first sentence, which provided that "The court being fully advised finds" and added the current first sentence; in Paragraph 1, deleted the former sentence, which provided that "The court has personal and subject matter jurisdiction" and added the current sentence; in Paragraph 2, changed the tense of the sentence from the past tense to the present tense; after "not to contest" deleted "the following delinquent acts (set forth common name of delinquent acts)", and added the third parentheses and language; deleted former Paragraph 3, which provided that after addressing the child in open court, the court determined that the child understood the charges alleged in the petition, the dispositions authorized by the Children's Code, and the right to deny the allegations and have a trial; added the current Paragraph 3; in Paragraph 4, after "suspending proceedings" deleted "for a period of ______ months, during which the child will be on supervised probation" and added the remainder of the sentence, including the provisions specifying the maximum length of probation; deleted former Paragraph 5, which provided that the state and the child had agreed that the listed charges would be dismissed or would not be filed; in the last paragraph, after "plea and disposition agreement", added "[probation agreement] [and] [or] [motion for consent decree], which shall be", and after "signed by the child" added "and parents (if made a party)"; in the signature block, deleted the blank for a date; and added the Use Note. Recompilations. - Pursuant to Supreme Court Order No. 16-8300-017, former 10-425 NMRA was recompiled and amended as 10-714 NMRA, effective for all cases pending or filed on or after December 31, 2016.