HOUSE BILL 166
46th legislature - STATE OF NEW MEXICO - second session, 2004
INTRODUCED BY
Al Park
AN ACT
RELATING TO CHILDREN; PROVIDING COUNTIES AND MUNICIPALITIES WITH AUTHORITY TO ENACT CURFEW ORDINANCES; PROVIDING FOR JURISDICTION; AMENDING AND ENACTING SECTIONS OF THE CHILDREN'S CODE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. Section 32A-1-6 NMSA 1978 (being Laws 1993, Chapter 77, Section 15, as amended) is amended to read:
"32A-1-6. CHILDREN'S COURT ATTORNEY.--
A. The "office of children's court attorney" is established in each judicial district. Except as provided by Subsection C, D or E of this section, each district attorney is the ex-officio children's court attorney for the judicial district of the district attorney.
B. Except as provided by Subsection C, D or E of this section, the children's court attorney may represent the state in any matter arising under the Children's Code when the state is the petitioner or complainant. The children's court attorney shall represent the petitioner in matters arising under the Children's Code when, in the discretion of the judge, the matter presents legal complexities requiring representation by the children's court attorney, whether or not the state is petitioner or complainant, but not in those matters when there is a conflict of interest between the petitioner or complainant and the state. A petitioner or complainant may be represented by counsel in any matter arising under the Children's Code.
C. In cases involving civil abuse or civil neglect and the periodic review of their dispositions, the attorney selected by and representing the department is the children's court attorney. The attorney selected by and representing the department shall provide the district attorney of the appropriate judicial district with a copy of any abuse or neglect petition filed in that judicial district. Upon the request of the district attorney, the attorney selected by and representing the department shall provide the district attorney with reports, investigations and pleadings relating to any abuse or neglect petition.
D. In cases involving families in need of services, the periodic review of their dispositions and voluntary placements, the attorney selected by and representing the department is the children's court attorney. The attorney selected by and representing the department shall provide the district attorney of the appropriate judicial district with a copy of any family in need of court-ordered services petition filed in that judicial district. Upon the request of the district attorney, the attorney selected by and representing the department shall provide the district attorney with reports, investigations and pleadings relating to any family in need of court-ordered services petition.
E. In cases involving a child subject to the provisions of the Children's Mental Health and Developmental Disabilities Act that also involves civil abuse, civil neglect or a family in need of court-ordered services, the attorney selected by and representing the department is the children's court attorney. In cases involving a child subject to the provisions of the Children's Mental Health and Developmental Disabilities Act that does not also involve civil abuse, civil neglect or a family in need of court-ordered services, the district attorney is the ex-officio children's court attorney.
F. In those counties where the children's court attorney has sufficient staff and the workload requires it, the children's court attorney may delegate children's court functions to a staff attorney.
G. In a county or municipality that has enacted a curfew ordinance, the district attorney who has jurisdiction for that county or municipality may delegate the children's court attorney function to a county or municipality attorney."
Section 2. A new section of the Children's Code is enacted to read:
"[NEW MATERIAL] CURFEW ORDINANCES--CITATIONS--
JURISDICTION.--
A. Curfew ordinances may be enacted by counties and municipalities for the purpose of restricting the hours that a child under the age of eighteen years may be allowed to remain in a public place or establishment. Curfew ordinances may provide for circumstances when a child under the age of eighteen years may be allowed in a public place or establishment.
B. Curfew ordinances may provide for monetary civil fines in an amount not to exceed twenty-five dollars ($25.00).
The fine may be imposed on a child or the child's parent or guardian.
C. A children's court and the department may enter
into joint powers agreements with counties and municipalities, including the magistrate, municipal or metropolitan courts in those jurisdictions, for the purpose of allowing jurisdiction over curfew ordinances in those courts. Absent an agreement, jurisdiction over curfew ordinances shall be in the children's court. A children's court may designate a special master or commissioner to administer curfew ordinances."
Section 3. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2004.
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