A. Unless a child from a family in need of services who has been placed in department custody is also alleged or adjudicated delinquent:

(1) the child shall not be held in a jail or other facility intended or used for the incarceration of adults charged with criminal offenses or for the detention of children alleged to be delinquent children; and

(2) there shall be a preference that the child be placed in the home of a relative of the child when a relative is available to provide foster care; provided that:

(a) placement with a relative is in the best interest of the child;

(b) the relative signs a sworn statement that the relative will not return the child to or allow unsupervised visits with the parent, guardian or custodian who is alleged to have committed the abuse or neglect until otherwise directed by the department or the court; and

(c) within three days of accepting custody of the child, the relative completes an application form for licensure to operate a foster home pursuant to the Children's Code.

B. The department shall make reasonable efforts to locate a relative of the child to provide foster care. If a relative is not available to provide foster care, the child may be placed in:

(1) a licensed foster home or any home authorized under the law for the provision of foster care or group care or use as a protective residence;

(2) a facility operated by a licensed child welfare services agency; or

(3) a facility provided for in the Children's Shelter Care Act [32A-9-1 to 32A-9-7 NMSA 1978].

History: 1978 Comp., § 32A-3B-6, enacted by Laws 1993, ch. 77, § 78; 2019, ch. 21, § 1.

Compiler's notes. — This section is substantively similar to former 32-1-23 NMSA 1978. See 32A-1-15 and 32A-2-10 NMSA 1978.

The 2019 amendment, effective June 14, 2019, established a preference that a child taken into protective custody be placed with a relative of the child when a relative is available to provide foster care, required relatives providing foster care to initiate licensing procedures within three days of accepting custody of a child, and required the children, youth and families department to make reasonable efforts to locate a relative of the child to provide foster care; added new subsection designations "A" and "B" and redesignated former Subsections A through C as Paragraphs B(1) through B(3), respectively; in Subsection A, Paragraph A(1), after "delinquent children", deleted "but may be placed in the following community-based shelter care facilities", and added Paragraph A(2); in Subsection B, added the introductory clause; and deleted Subsection D.