Chapter 32A NMSA 1978 may be cited as the "Children's Code".

History: 1978 Comp., § 32A-1-1, enacted by Laws 1993, ch. 77, § 10; 1995, ch. 206, § 1.

Cross references. — For authority to administer social services for children in the social services division of the human services department, see 9-8-13 NMSA 1978.

For sexually oriented material harmful to minors, see 30-37-1 NMSA 1978.

For the Uniform Child-Custody Jurisdiction and Enforcement Act, see 40-10A-101 NMSA 1978.

For the Kinship Guardianship Act, see 40-10B-1 NMSA 1978.

For the Children's Court Rules, see 10-101 NMRA et seq.

The 1995 amendment, effective July 1, 1995, substituted "Chapter 32A" for "Chapter 32".

Decisions under prior law. — In light of the similarity of the provisions, annotations decided under former Section 32-1-1 NMSA 1978 have been included in the annotations to this section.

Termination of benefits pending hearing. — Combination of benefits received under the Aid to Families with Dependent Children program, during the time the children are in foster care pending an adjudicatory hearing to determine whether the children are being abused or neglected and should remain in the custody of the Social Services Division, is prohibited until after a full adjudicatory hearing and final judicial decision that the children must be removed from the home. Kramer v. N. M. Human Servs. Dep't, 1992-NMCA-100, 114 N.M. 479, 840 P.2d 1245.

Applicability of Children's Code to residents of federal enclave. — The state could exercise its jurisdiction and apply the provisions of the Children's Code to those who reside on a federal military enclave because, in those areas where the federal government has no laws or regulations, there is no interference by the state when it asserts jurisdiction; in such cases, there would be no need for the federal government to relinquish its jurisdiction as provided in Section 19-2-2 NMSA 1978. State ex rel. Children, Youth & Families Dep't v. Debbie F., 1995-NMCA-113, 120 N.M. 665, 905 P.2d 205, cert. denied, 120 N.M. 715, 905 P.2d 1119.

Violation of grade court. — The Children's Code authorizes the children's court to order detention for violation of a grade court order. State v. Steven B., 2004-NMCA-086, 136 N.M. 111, 94 P.3d 854, cert. denied, 2004-NMCERT-007, 136 N.M. 452, 99 P.3d 1164.

Repeals and supersedes provisions of Delinquent Children's Act. — The Children's Code repeals and supersedes many of the provisions of the former Delinquent Children's Act, cited as Sections 13-8-1 through 13-8-73, 1953 Comp. 1972 Op. Att'y Gen. No. 72-27.

Law reviews. — For comment, "The Freedom of the Press vs. The Confidentiality Provisions in the New Mexico Children's Code," see 4 N.M.L. Rev. 119 (1973).

For survey, "Children's Court Practice in Delinquency and Need of Supervision Cases Under the New Rules," see 6 N.M.L. Rev. 331 (1976).

For article, "Defending the Criminal Alien in New Mexico: Tactics and Strategy to Avoid Deportation," see 9 N.M.L. Rev. 45 (1978-79).

For article, "The New Mexico Children's Code: Some Remaining Problems," see 10 N.M.L. Rev. 341 (1980).

For comment, "The Right to Be Present: Should It Apply to the Involuntary Civil Commitment Hearing," see 17 N.M.L. Rev. 165 (1987).

Am. Jur. 2d, A.L.R. and C.J.S. references. — Authority of court to order juvenile delinquent incarcerated in adult penal institution, 95 A.L.R.3d 568.

Failure of state or local government to protect child abuse victim as violation of federal constitutional right, 79 A.L.R. Fed. 514.