N.M. R. Child. Ct. 10-324

As amended through August 23, 2024

Rule 10-324 - Conduct of hearings

A.Definitions. For purposes of this rule, the following definitions shall apply:

(1)General public. A member of the general public is a person who is not a party, the attorney of a party, or the representative of a child's Indian tribe or tribes when the court knows or has reason to know that the child is an Indian child under the Indian Child Welfare Act;

(2)Proper interest in the case. A person with a proper interest in the case is a member of the general public

(a) whose attendance is necessary to aid in resolving the issues presented at the hearing;

(b) who has a professional relationship with a party; or

(c) who has a close personal relationship with a party; and

(3)Proper interest in the work of the court. A person with a proper interest in the work of the court is a member of the general public who wishes to attend a closed hearing as a neutral observer for educational, administrative, or other similar purposes.

B.Hearings closed to the general public. All abuse and neglect hearings shall be closed to the general public, except as provided under Paragraph E of this rule. Any member of the general public who is permitted to attend a hearing shall not divulge any information that would identify the child or family involved in the proceedings.

C.News media. Accredited representatives of the news media shall be allowed to be present at closed hearings, subject to the condition that they refrain from divulging information that would identify any child involved in the proceedings or the parent, guardian, or custodian of that child and subject to enabling regulations as the court finds necessary for the maintenance of order and decorum and for the furtherance of the purposes of the Children's Code. A child who is the subject of an abuse and neglect proceeding and is present at a hearing may object to the presence of the media. The court may exclude the media if it finds that the presence of the media is contrary to the best interests of the child.

D.Children. If the court finds that it is in the best interest of a child under fourteen (14) years of age, the child may be excluded from a hearing under the Abuse and Neglect Act. A child fourteen (14) years of age or older may be excluded from a hearing only if the court makes a finding that there is a compelling reason to exclude the child and states the factual basis for the finding.

E.General public. Unless the court excludes all members of the general public from a closed hearing, the court shall inquire of any member of the general public who is present at a closed hearing to determine if the person may attend the hearing. The court may permit the attendance of such a person for part or all of the hearing if the court determines the following:

(1) the person has a proper interest in the case or a proper interest in the work of the court; and

(2) the person's interest is consistent with the interests of the parties and of the court, taking into account the following:

(a) whether a party objects to the person's attendance, including the reasons for the objection;

(b) whether a party supports the person's attendance, including the reasons for the support;

(c) whether the person's attendance will be in the best interests of a child who is a party to the proceedings;

(d) whether the person's attendance will affect any party's ability to participate in the hearing;

(e) whether the person's attendance will promote or impede the efficient resolution of the hearing; and

(f) whether any other interest of the parties or of the court weighs in favor of or against the person's attendance at the hearing.

N.M. R. Child. Ct. 10-324

Adopted by Supreme Court Order No. 15-8300-011, effective for all cases filed or pending on or after12/31/2015; as amended by Supreme Court Order No. 18-8300-011, effective for all cases pending or filed on or after12/31/2018.

Committee commentary. - In addition to parties and their attorneys, Subparagraph (A)(1) excludes a representative of a child's Indian tribe or tribes from the definition of "general public" in a case in which the Indian Child Welfare Act may apply. Therefore, that tribal representative shall be permitted under Paragraph B to attend all hearings in an abuse and neglect proceeding unless it is determined that the Indian Child Welfare Act does not apply. The tribal representative also should be permitted to monitor the proceedings in order to keep the tribe informed of the progress of the case, to participate in the proceedings to the extent reasonably necessary to inform the court of the tribe's concerns, and to provide additional resources, including, for example, services, placement options, financial support, and cultural connections. A tribe should not be required to formally intervene in the case unless the tribe seeks affirmative relief from the court. See, e.g., 25 U.S.C. § 1911(c) (providing that an Indian child's tribe shall have a right to intervene at any point in a state court proceeding for the foster care of, or termination of parental rights to, an Indian child).

Subparagraph (A)(2) identifies several categories of individuals who may have a proper interest in the case. Under Subparagraph (A)(2)(b), an individual with a professional relationship with a party may be, for example, a juvenile or adult probation officer, a mental health therapist, an attorney who represents a party in another proceeding, or a professional who provides services to a party. Under Subparagraph (A)(2)(c), an individual with a close personal relationship with a party may be, for example, a family member, a friend, a current or former foster parent, a teacher, a coach, or any other person who provides social or emotional support to a party.

[Adopted by Supreme Court Order No. 15-8300-011, effective December 31, 2015; as amended by Supreme Court Order No. 18-8300-011, effective for all cases pending or filed on or after December 31, 2018.]

ANNOTATIONS The 2018 amendment, approved by Supreme Court Order No. 18-8300-011, effective December 31, 2018, revised the definition of "General public" for purposes of this rule, and revised the committee commentary; in Subparagraph A(1), after "not a party", deleted "or", after "attorney of a party,", added "or the representative of a child's Indian tribe or tribes when the court knows or has reason to know that the child is an Indian child under the Indian Child Welfare Act".