New Mexico
| Code | Subject Matter |
| Children's Code § 32A-2-32 | Delinquency: Confidentiality; records |
| Children's Code § 32A-2-32.1 | Delinquency: Information not to be disclosed on a public access web site |
| Children's Code § 32A-2-33 | Delinquency: Child in possession of a firearm on school premises; detention; hearing |
| Children's Code § 32A-3A-1 | Family Services: Short title; purpose |
| Children's Code § 32A-3A-2 | Family Services: Definitions |
| Children's Code § 32A-3A-3 | Family Services: Request for family services; withdrawal of request; presumption of good faith |
| Children's Code § 32A-3A-4 | Family Services: Referral process |
| Law Enforcement Code § 29-10-2 | Arrest Record Information Act: Purpose of act |
| Law Enforcement Code § 29-10-3 | Arrest Record Information Act: Definition |
| Law Enforcement Code § 29-10-4 | Arrest Record Information Act: Confidentiality of arrest records |
| Law Enforcement Code § 29-10-5 | Arrest Record Information Act: Exchange of information |
| Law Enforcement Code § 29-10-6 | Arrest Record Information Act: Access by individuals |
| Law Enforcement Code § 29-10-7 | Arrest Record Information Act: Application |
| Children's Code § 32A-4-33 | Child Abuse and Neglect: Confidentiality; records; penalty |
| Children's Code § 32A-3B-22 | Families in Need of Court-Ordered Services: Confidentiality; records; penalty |
CHAPTER 32A. CHILDREN'S CODE
ARTICLE 2. DELINQUENCY
N.M. Stat. Ann. § 32A-2-32 (2008)
§ 32A-2-32. Confidentiality; records
A. All social records pertaining to the child, including all related diagnostic evaluations, psychiatric reports, medical reports, social studies reports, records from local detention facilities, client-identifying records from facilities for the care and rehabilitation of delinquent children, pre-parole reports and supervision histories obtained by the juvenile probation office, parole officers and parole board or in possession of the department, are confidential and shall not be disclosed directly or indirectly to the public.
B. The records described in Subsection A of this section shall be disclosed only to:
(1) court personnel;
(2) court appointed special advocates;
(3) the child's attorney or guardian ad litem;
(4) department personnel;
(5) any local substitute care review board or any agency contracted to implement local substitute care review boards;
(6) corrections department personnel;
(7) law enforcement officials;
(8) district attorneys;
(9) any state government social services agency in any state;
(10) those persons or entities of a child's Indian tribe specifically authorized to inspect such records pursuant to the federal Indian Child Welfare Act of 1978 [25 USCS § 1901 et seq.] or any regulations promulgated thereunder;
(11) tribal juvenile justice system and social service representatives;
(12) a foster parent, if the records are those of a child currently placed with that foster parent or of a child being considered for placement with that foster parent when the disclosure of the information is necessary for the child's treatment or care and shall include only that information necessary to provide for treatment and care of the child;
(13) school personnel involved with the child if the records concern the child's educational needs as necessary for the child's educational planning and shall include only that information necessary to provide for the child's educational needs;
(14) health care or mental health professionals involved in the evaluation or treatment of the child, the child's parents, guardians or custodian or other family members;
(15) representatives of the protection and advocacy system;
(16) the child's parent, guardian or legal custodian when the disclosure of the information is necessary for the child's treatment or care and shall include only that information necessary to provide for the treatment or care of the child; and
(17) any other person or entity, by order of the court, having a legitimate interest in the case or the work of the court.
C. Whoever intentionally and unlawfully releases any information or records closed to the public pursuant to this section or releases or makes other unlawful use of records in violation of this section is guilty of a petty misdemeanor.
D. The department shall promulgate rules for implementing disclosure of records pursuant to this section and in compliance with state and federal law and the Children's Court Rules.
§ 32A-2-32.1. Information not to be disclosed on a public access web site
A state agency or a political subdivision of the state, including a school district, county, municipality or home-rule municipality, shall not disclose on a public access web site maintained by it any information concerning the following:
A. an arrest or detention of a child;
B. delinquency proceedings for a child;
C. an adjudication of a child;
D. an adult sentence imposed on a child, except information required to be disclosed pursuant to the Sex Offender Registration and Notification Act [29-11A-1 NMSA 1978]; or
E. social records pertaining to a child as provided in Section 32A-2-32 NMSA 1978.
§ 32A-2-33. Child in possession of a firearm on school premises; detention; hearing
A. If a public school administrator or employee has reasonable cause to believe that a child is in possession of or has been in possession of a firearm on school premises in violation of Section 30-7-2.1 NMSA 1978, the administrator or employee shall immediately report the child's actions to a law enforcement agency and the children, youth and families department.
B. Upon receipt of a report pursuant to Subsection A of this section, the law enforcement agency may conduct an investigation to determine if there is probable cause to believe that the child possessed a firearm on school premises.
C. If the law enforcement agency determines there is probable cause to believe that the child possessed a firearm on school premises, the law enforcement agency may take the child into custody and deliver the child to a detention facility licensed by the department. After the child is delivered to a detention facility, the department shall comply with the notification provisions set forth in Subsection C of Section 32A-2-10 NMSA 1978. The child shall be detained in the detention facility, pending a detention hearing pursuant to the provisions of Section 32A-2-13 NMSA 1978.
D. As used in this section, "firearm" means any weapon that will or is designed to or may readily be converted to expel a projectile by the action of an explosion; the frame or receiver of any such weapon; or any firearm muffler or firearm silencer. "Firearm" includes any handgun, rifle or shotgun.
CHAPTER 32A. CHILDREN'S CODE
ARTICLE 3A. FAMILY SERVICES
N.M. Stat. Ann. § 32A-3A-1 (2008)
§ 32A-3A-1. Short title; purpose
A. Chapter 32A, Article 3A NMSA 1978 may be cited as the "Family Services Act".
B. The Family Services Act [32A-3A-1 NMSA 1978] shall be interpreted and construed to effectuate the following expressed legislative purposes:
(1) to recognize that many instances of a child's behavior are symptomatic of a family in need of family services; and
(2) to provide prevention, diversion and intervention services for a child or family.
As used in the Family Services Act [32A-3A-1 NMSA 1978]:
A. "child or family in need of family services" means:
(1) a family whose child's behavior endangers the child's health, safety, education or well-being;
(2) a family whose child is absent from the child's place of residence for twenty-four hours or more without the consent of the parent, guardian or custodian;
(3) a family in which the parent, guardian or custodian of a child refuses to permit the child to live with the parent, guardian or custodian; or
(4) a family in which the child refuses to live with his parent, guardian or custodian; and
B. "family services" means services that address specific needs of the child or family.
§ 32A-3A-3. Request for family services; withdrawal of request; presumption of good faith
A. Any child or family member who has a reasonable belief that the child or family is in need of family services may request family services from the department.
B. Any person who has a reasonable belief that a child or family is in need of family services may submit a referral to the department.
C. A family that requests or accepts family services may withdraw its request for or acceptance of family services at any time.
D. A person who refers a child or family for family services is presumed to be acting in good faith and shall be immune from civil or criminal liability, unless the person acted in bad faith or with malicious purpose.
A. The department shall, subject to the availability of resources, design and implement a referral process to assist a child or family in accessing appropriate services.
B. When the child involved in the referral process is an Indian child, the assessment and referral process shall include contact with the Indian child's tribe for the purpose of consulting and exchanging information.
CHAPTER 29. LAW ENFORCEMENT
ARTICLE 10. ARREST RECORD INFORMATION ACT
N.M. Stat. Ann. § 29-10-2 (2008)
The legislature finds and declares that the responsible exchange of complete and accurate information among law enforcement agencies is recognized as necessary and indispensable to effective law enforcement. Individual rights, however, may be infringed if information is inaccurate, incomplete or is disseminated irresponsibly. The Arrest Record Information Act [29-10-1 NMSA 1978] is for the purpose of protecting those rights.
As used in the Arrest Record Information Act [29-10-1 NMSA 1978], "arrest record information" means notations of the arrest or detention or indictment or filing of information or other formal criminal charge against an individual made by a law enforcement agency.
§ 29-10-4. Confidentiality of arrest records
Arrest record information that reveals confidential sources, methods, information or individuals accused but not charged with a crime and that is maintained by the state or any of its political subdivisions pertaining to any person charged with the commission of any crime is confidential and dissemination or revealing the contents of the record, except as provided in the Arrest Record Information Act [29-10-1 NMSA 1978] or any other law, is unlawful.
§ 29-10-5. Exchange of information
A law enforcement agency may disseminate arrest record information to a federal, state or local government law enforcement agency, provided that when the arrest record information is disseminated to a law enforcement agency situated outside this state, the information shall be accompanied by a statement substantially embodying the intent set forth in Section 29-10-4 NMSA 1978. Nothing in the Arrest Record Information Act [29-10-1 NMSA 1978] prohibits direct access by the attorney general, the district attorney, the crime victims reparation commission or the courts to such information where it is deemed necessary in the performance of their functions under law. Nothing in that act prohibits direct access by a law enforcement agency to automated wanted information pertaining to a person or to stolen property information.
§ 29-10-6. Access by individuals
A. Upon satisfactory verification of his identity, any individual may inspect, in person, through counsel or through his authorized agent, arrest record information maintained by [a] law enforcement agency concerning him.
B. Personnel assigned to contractual research for a state or federally approved criminal justice project shall be permitted access to arrest record information. Approval personnel shall not further disseminate such information except as statistical or analytical records or reports in which individuals are not identified and from which their identities are not ascertainable.
A. Information contained in the following documents shall be available for public inspection:
(1) posters, announcements or lists for identifying or apprehending fugitives or wanted persons;
(2) original records of entry such as police blotters maintained by criminal justice agencies, compiled chronologically and required by law or long-standing custom to be made public, if the records are organized on a chronological basis;
(3) court records of public judicial proceedings;
(4) published court or administrative opinions or public judicial, administrative or legislative proceedings;
(5) records of traffic offenses and accident reports;
(6) announcements of executive clemency; and
(7) statistical or analytical records or reports in which individuals are not identified and from which their identities are not ascertainable.
B. Nothing prevents a law enforcement agency from disclosing to the public arrest record information related to the offense for which an adult individual is currently within the criminal justice system. A law enforcement agency is not prohibited from confirming prior arrest record information to members of the news media or any other person, upon specific inquiry as to whether a named individual was arrested, detained, indicted or whether an information or other formal charge was filed on a specified date, if the arrest record information disclosed is based on data enumerated by Subsection A of this section.
CHAPTER 32A. CHILDREN'S CODE
ARTICLE 4. CHILD ABUSE AND NEGLECT
N.M. Stat. Ann. § 32A-4-33 (2008)
§ 32A-4-33. Confidentiality; records; penalty
A. All records or information concerning a party to a neglect or abuse proceeding, including social records, diagnostic evaluations, psychiatric or psychological reports, videotapes, transcripts and audio recordings of a child's statement of abuse or medical reports incident to or obtained as a result of a neglect or abuse proceeding or that were produced or obtained during an investigation in anticipation of or incident to a neglect or abuse proceeding shall be confidential and closed to the public.
B. The records described in Subsection A of this section shall be disclosed only to the parties and:
(1) court personnel;
(2) court appointed special advocates;
(3) the child's guardian ad litem;
(4) the attorney representing the child in an abuse or neglect action, a delinquency action or any other action under the Children's Code [32A-1-1 NMSA 1978];
(5) department personnel;
(6) any local substitute care review board or any agency contracted to implement local substitute care review boards;
(7) law enforcement officials, except when use immunity is granted pursuant to Section 32A-4-11 NMSA 1978;
(8) district attorneys, except when use immunity is granted pursuant to Section 32A-4-11 NMSA 1978;
(9) any state government social services agency in any state;
(10) those persons or entities of an Indian tribe specifically authorized to inspect the records pursuant to the federal Indian Child Welfare Act of 1978 [25 USCS § 1901 et seq.] or any regulations promulgated thereunder;
(11) a foster parent, if the records are those of a child currently placed with that foster parent or of a child being considered for placement with that foster parent and the records concern the social, medical, psychological or educational needs of the child;
(12) school personnel involved with the child if the records concern the child's social or educational needs;
(13) health care or mental health professionals involved in the evaluation or treatment of the child, the child's parents, guardian, custodian or other family members;
(14) protection and advocacy representatives pursuant to the federal Developmental Disabilities Assistance and Bill of Rights Act [of 2000] [42 USCS § 15001 et seq.] and the federal Protection and Advocacy for Mentally Ill Individuals Amendments Act of 1991 [42 USCS § 10801 et seq.];
(15) children's safehouse organizations conducting investigatory interviews of children on behalf of a law enforcement agency or the department; and
(16) any other person or entity, by order of the court, having a legitimate interest in the case or the work of the court.
C. A parent, guardian or legal custodian whose child has been the subject of an investigation of abuse or neglect where no petition has been filed shall have the right to inspect any medical report, psychological evaluation, law enforcement reports or other investigative or diagnostic evaluation; provided that any identifying information related to the reporting party or any other party providing information shall be deleted. The parent, guardian or legal custodian shall also have the right to the results of the investigation and the right to petition the court for full access to all department records and information except those records and information the department finds would be likely to endanger the life or safety of any person providing information to the department.
D. Whoever intentionally and unlawfully releases any information or records closed to the public pursuant to the Abuse and Neglect Act [32A-4-1 NMSA 1978] or releases or makes other unlawful use of records in violation of that act is guilty of a petty misdemeanor and shall be sentenced pursuant to the provisions of Section 31-19-1 NMSA 1978.
E. When a child's death is allegedly caused by abuse or neglect, the department may release information about the case after consultation with and the consent of the district attorney.
F. The department shall promulgate rules for implementing disclosure of records pursuant to this section and in compliance with state and federal law and the Children's Court Rules.
CHAPTER 32A. CHILDREN'S CODE
ARTICLE 3B. FAMILIES IN NEED OF COURT-ORDERED SERVICES
N.M. Stat. Ann. § 32A-3B-22 (2008)
§ 32A-3B-22. Confidentiality; records; penalty
A. All records or information concerning a family in need of court-ordered services, including social records, diagnostic evaluation, psychiatric or psychological reports, videotapes, transcripts and audio recordings of a child's statement of abuse or medical reports, obtained as a result of an investigation in anticipation of or incident to a family in need of court-ordered services proceeding shall be confidential and closed to the public.
B. The records described in Subsection A of this section shall be disclosed only to the parties and to:
(1) court personnel;
(2) court appointed special advocates;
(3) the child's guardian ad litem or attorney;
(4) the child's attorney representing the child in an abuse or neglect action, a delinquency action or any other action, including a public defender;
(5) department personnel;
(6) any local substitute care review board or any agency contracted to implement local substitute care review boards;
(7) law enforcement officials;
(8) district attorneys;
(9) a state or tribal government social services agency of any state;
(10) those persons or entities of an Indian tribe specifically authorized to inspect the records pursuant to the federal Indian Child Welfare Act of 1978 [25 USCS § 1901 et seq.] or any regulations promulgated thereunder;
(11) tribal juvenile justice system and social service representatives;
(12) a foster parent, if the records are those of a child currently placed with that foster parent or of a child being considered for placement with that foster parent and the records concern the social, medical, psychological or educational needs of the child;
(13) school personnel involved with the child, if the records concern the child's social or educational needs;
(14) health care or mental health professionals involved in the evaluation or treatment of the child, the child's parents, guardian or custodian or other family members;
(15) protection and advocacy representatives, pursuant to the federal Developmental Disabilities Assistance and Bill of Rights Act [of 2000] [42 USCS § 15001 et seq.] and the federal Protection and Advocacy for Mentally Ill Individuals Amendments Act of 1991 [42 USCS § 10801 et seq.]; and
(16) any other person or entity, by order of the court, having a legitimate interest in the case or the work of the court.
C. Whoever intentionally and unlawfully releases any information or records that are closed to the public pursuant to the provisions of the Children's Code [32A-1-1 NMSA 1978] or releases or makes other unlawful use of records in violation of that code is guilty of a petty misdemeanor.
D. The department shall promulgate rules for implementing disclosure of records pursuant to this section and in compliance with state and federal law and the Children's Court Rules.