HB 1024

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AN ACT

RELATING TO THE CHILDREN'S CODE; PERMITTING LAW ENFORCEMENT

AGENCIES TO HELP PARENTS LOCATE MISSING CHILDREN; AMENDING THE

TIME PERIOD FOR RUNAWAYS TO RECEIVE FAMILY SERVICES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. Section 32A-3B-2 NMSA 1978 (being Laws 1993,

Chapter 77, Section 74) is amended to read:

"32A-3B-2. DEFINITIONS.--As used in Chapter 32A,

Article 3B NMSA 1978, "family in need of court-ordered

services" means the child or the family has refused family

services or the department has exhausted appropriate and

available family services and court intervention is necessary

to provide family services to the child or family and the

following circumstances exist:

A. it is a family whose child, subject to

compulsory school attendance, is absent from school without an

authorized excuse more than ten days during a school semester;

B. it is a family whose child is absent from the

child's place of residence for a time period of twelve hours

or more without consent of the child's parent, guardian or

custodian;

C. it is a family whose child refuses to return

home and there is good cause to believe that the child will

run away from home if forced to return to the parent, guardian

or custodian; or

D. it is a family in which the child's parent,

guardian or custodian refuses to allow the child to return

home and a petition alleging neglect of the child is not in

the child's best interests."

Section 2. A new section of the Children's Code is

enacted to read:

"RUNAWAY CHILD--LAW ENFORCEMENT--PERMITTED ACTS.--

Whenever a law enforcement agency receives a report from a

parent, guardian or custodian that a child over whom the

parent, guardian or custodian has custody has, without

permission, left the home or residence lawfully prescribed for

the child and the parent, guardian or custodian believes the

child has run away, a law enforcement agent may help the

parent, guardian or custodian locate the child and:

A. return the child to the parent, guardian or

custodian unless safety concerns are present;

B. hold the child for up to six hours if the

parent, guardian or custodian cannot be located; or

C. after the six hours has expired, follow the

procedures outlined in Section 32A-3B-3 NMSA 1978."

HB 1024

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