32A-1-11. Petition; form and content.

264 words·~1 min read·/nm/chapter-32a-children-s-code/article-1-general-provisions/32a-1-11

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

A petition initiating proceedings pursuant to the provisions of Chapter 32A, Article 2, 3B, 4 or 6 NMSA 1978 shall be entitled, "In the Matter of ............, a child", and shall set forth with specificity:

A. the facts necessary to invoke the jurisdiction of the court;

B. if violation of a criminal statute or other law or ordinance is alleged, the citation to the appropriate law;

C. the name, birth date and residence address of the child;

D. the name and residence address of the parents, guardian, custodian or spouse, if any, of the child; and if no parent, guardian, custodian or spouse, if any, resides or can be found within the state or if a residence address is unknown, the name of any known adult relative residing within the state or, if there be none, the known adult relative residing nearest to the court;

E. whether the child is in custody or detention pursuant to the Delinquency Act [Chapter 32A, Article 2 NMSA 1978] and, if so, the place of custody or detention and the time the child was taken into custody;

F. whether the child is an Indian child and, if so, any additional information required pursuant to the Indian Family Protection Act [32A-28-1 to 32A-28-42 NMSA 1978]; and

G. if any of the matters required to be set forth by this section are not known, a statement of those matters and the fact that they are not known.

History: 1978 Comp., § 32A-1-11, enacted by Laws 1993, ch. 77, § 20; 2005, ch. 189, § 6; 2022, ch. 41, § 46.