A. If during any stage of a proceeding regarding a family in need of court-ordered services petition the evidence indicates that the child has or may have a developmental disability or a mental disorder, the court may order the department to:

(1) secure an assessment of the child;

(2) prepare appropriate referrals for services for the child; and

(3) if necessary, initiate proceedings for the involuntary placement of the child pursuant to the provisions of the Children's Mental Health and Developmental Disabilities Act [32A-6A-1 to 32A-6A-30 NMSA 1978].

B. When a child in department custody needs involuntary placement for residential mental health or developmental disability services, the department shall file a motion for that child's placement pursuant to the provisions of the Children's Mental Health and Developmental Disabilities Act.

C. A court hearing for consideration of an involuntary placement of a child for residential treatment or habilitation, when the child is subject to the provisions of the Family in Need of Court-Ordered Services Act, may be heard by the court as a part of the family in need of court-ordered services proceedings or may be heard in a separate proceeding. All parties to the family in need of court-ordered services proceedings shall be provided with notice of the involuntary placement hearing.

D. A guardian ad litem appointed pursuant to the Family in Need of Court-Ordered Services Act shall serve as the guardian ad litem for a child for the purposes of the Children's Mental Health and Developmental Disabilities Act. When a child is fourteen years of age or older, the child shall be represented by an attorney unless, after consultation between the child and the child's attorney, the child elects to be represented by counsel appointed by the court in the proceedings under the Children's Mental Health and Developmental Disabilities Act.

E. When a child is subject to the provisions of the Family in Need of Court-Ordered Services Act and is receiving residential treatment or habilitation services, any documentation required pursuant to the Children's Mental Health and Developmental Disabilities Act shall be filed with the court as part of the family in need of court-ordered services proceeding. A review of the child's placement in a residential treatment or habilitation program shall occur in the same manner and within the same time requirements as provided in the Children's Mental Health and Developmental Disabilities Act.

F. The clerk of the court shall maintain a separate section within a child's family in need of court-ordered services file for documents pertaining to actions taken under the Children's Mental Health and Developmental Disabilities Act.

G. A child subject to the provisions of the Family in Need of Court-Ordered Services Act who receives treatment in a residential treatment or habilitation program shall enjoy all the substantive and procedural rights set forth in the Children's Mental Health and Developmental Disabilities Act.

History: 1978 Comp., § 32A-3B-17, enacted by Laws 1993, ch. 77, § 89; 1995, ch. 206, § 20; 2005, ch. 189, § 35.

The 2005 amendment, effective June 17, 2005, in Subsection C, provided that a consideration of involuntary placement of a child may be heard in a hearing separate from a family in need of court-ordered services proceeding; and in Subsection D, deleted the former provision that if a guardian ad litem determines that a child's wishes conflict with the child's best interests, the guardian may petition for appointment of an attorney for the child and added the provision that when a child is fourteen years of age or older, the child shall be represented by an attorney unless child elects to be represented by counsel appointed by the court in proceedings under the Children's Mental Health and Developmental Disabilities Act.

The 1995 amendment, effective July 1, 1995, added "in a proceeding under the Family in Need of Services Act" in the section heading, in Subsection B, substituted "when a child in department custody needs involuntary placement for residential" for "when the department has reason to believe that a child in department custody needs residential" and substituted "file a motion" for "petition", and added Subsections C through G.