N.M. R. Child. Ct. 10-602

As amended through November 1, 2024

Rule 10-602 - Guardian ad litem certification of [continued] [admission] [placement] for [residential treatment] [habilitation]

STATE OF NEW MEXICO

COUNTY OF _______________

__________________ JUDICIAL DISTRICT

IN THE CHILDREN'S COURT

STATE OF NEW MEXICO ex rel.

CHILDREN, YOUTH AND FAMILIES DEPARTMENT

No. __________

IN THE MATTER OF

_______________________________

GUARDIAN AD LITEM CERTIFICATION OF [CONTINUED] [ADMISSION] [PLACEMENT] FOR

[RESIDENTIAL TREATMENT] [HABILITATION]¹

___________________________ , guardian ad litem for the above child, certifies pursuant to Section 32A-6A-20 NMSA 1978 the following:

1. __________________ (initials and date of birth of child) was admitted to ____________________ (place admitted) on ___________________ (date).

2. The child was advised of the child's rights on ___________ (date).

3. Pursuant to Section 32A-6A-20 NMSA 1978, I certify that I have met with the child, the child's legal custodian, and the child's clinician and that I have determined the following: (provide a detailed factual explanation for each)

a. On ______________ (date), I met with the child's parent, guardian, or legal custodian, ______________ (name), who [does] [does not] understand and [does] [does not] consent to the child's admission to a [residential treatment] [habilitation] program. ²

b. The admission [is] [is not] in the child's best interests because

______________________________________________________________________

_____________________________________________________________________ .

c. The admission [is] [is not] appropriate for the child because

______________________________________________________________________

_____________________________________________________________________ .

d. The admission [is] [is not] consistent with the least restrictive means principle because

______________________________________________________________________

_____________________________________________________________________ .

e. The child's clinician [does] [does not] recommend [continued] admission because

_____________________________________________________________________

_____________________________________________________________________ .

4. Based on the above determination, I recommend the following: (choose only one option)

[ ] a. The child should [continue to] be admitted to a [residential treatment] [habilitation] program because all of the requirements in Paragraph Three (3), above, have been satisfied.

[ ] b. The child should be discharged immediately or the facility should immediately initiate involuntary commitment proceedings because one or more of the requirements in Paragraph Three (3) have not been satisfied.

________________________________

Date

________________________________

Attorney's signature

________________________________

Address

________________________________

Telephone number

________________________________

Guardian ad litem (signature)

________________________________

Address

________________________________

Telephone number

USE NOTES

1. This form shall be filed upon the admission or placement of the child in a residential treatment or habilitation program and every sixty (60) days after the date of the child's initial admission or placement. See NMSA 1978, § 32A-6A-20(H), (K).

2. If the child's parent, guardian, or legal custodian could not be found, the guardian ad litem must recommend discharge or the initiation of involuntary commitment proceedings as provided in Paragraph 4(b).

[Approved, effective July 1, 2002; 10-493 recompiled and amended as 10-602 by Supreme Court Order No. 14-8300-009, effective for all cases filed or pending on or after December 31, 2014.]

N.M. R. Child. Ct. 10-602

ANNOTATIONS The 2014 amendment, approved by Supreme Court Order No. 14-8300-009, effective December 31, 2014, changed the form from a certification of voluntary placement to continued placement; required the guardian ad litem to determine the factual basis for recommending either continued treatment or discharge; in the title of the form, after "certification of", deleted "[voluntary]" and added "[continued]"; in the first paragraph, changed "(name of guardian ad litem)" to "guardian ad litem", changed "32A-6-11.1" to "32A-6A-20", and after "NMSA 1978", deleted "that" and added "the following"; in Paragraph 1, changed "(name of child)" to "(initials and date of birth of child)", and after "(date)", deleted "and was advised of the child's rights on ______ (date)"; deleted former Paragraphs 2 through 6, which provided a check list of allegations that a parent, guardian, or legal custodian consented to admission, a statement of the efforts to contact a parent, guardian or legal custodian, that admission was in the child's best interests, that admission was appropriate for the child, that admission was consistent with the least drastic means principle, the date the child would be discharged, and that the child should be discharged; added new Paragraphs 2 through 4; and added the Use Note. Recompilations. - Pursuant to Supreme Court Order No. 14-8300-009, former Form 10-493 NMRA was recompiled and amended as Form 10-602 NMRA, effective December 31, 2014.