N. M. S. A. 1978, ? 32A-4-6
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West's New Mexico Statutes Annotated Currentness
Chapter 32A. Children's Code (Refs & Annos)
Article 4. Child Abuse and Neglect (Refs & Annos)
? 32A-4-6. Taking into custody; penalty
A. A child may be held or taken into custody:
(1)
by a law enforcement officer when the officer has evidence giving rise
to reasonable grounds to believe that the child is abused or neglected
and that there is an immediate threat to the child's safety;
provided that the law enforcement officer contacts the department
to enable the department to conduct an on-site safety assessment to
determine whether it is appropriate to take the child into immediate
custody, except that a child may be taken into custody by a law
enforcement officer without a protective services assessment being
conducted if:
(a)
the child's parent, guardian or custodian has attempted, conspired to
cause or caused great bodily harm to the child or great bodily harm or
death to the child's sibling;
(b)
the child's parent, guardian or custodian has attempted, conspired to
cause or caused great bodily harm or death to another parent, guardian
or custodian of the child;
(c) the child has been abandoned;
(d) the child is in need of emergency medical care;
(e) the department is not available to conduct a safety assessment in a timely manner; or
(f) the child is in imminent risk of abuse; or
(2)
by medical personnel when there are reasonable grounds to believe that
the child has been injured as a result of abuse or neglect and that the
child may be at risk of further injury if returned to the child's
parent, guardian or custodian. The medical personnel shall hold
the child until a law enforcement officer is available to take custody
of the child pursuant to Paragraph (1) of Subsection A of this section.
B.
When a child is taken into custody by law enforcement, the department
is not compelled to place the child in an out-of-home placement and may
release the child to the child's parent, guardian or custodian.
C.
When a child is taken into custody, the department shall make
reasonable efforts to determine whether the child is an Indian child.
D.
If a child taken into custody is an Indian child and is alleged to be
neglected or abused, the department shall give notice to the agent of
the Indian child's tribe in accordance with the federal Indian Child Welfare Act of 1978. [FN1]
E.
Any person who intentionally interferes with protection of a child, as
provided by Subsection A of this section, is guilty of a petty
misdemeanor.