Rule 10-211. Preliminary inquiry; filing of petition.

A. Preliminary inquiry. Prior to the filing of a petition alleging delinquency, probation services shall complete a preliminary inquiry in accordance with the Children's Code [32A-1-1 NMSA 1978]. B. Petition; form. The petition shall be substantially in the form approved by the Supreme Court. The petition shall be signed by the children's court attorney or a staff attorney as permitted by the Children's Code. C. Time limit. If the respondent child is in detention a petition shall be filed within two (2) days from the date of detention. D. Notice of filing of the petition. If the parents, guardians or custodians of a respondent child alleged to be a delinquent child are not joined as parties in the delinquency proceeding, they shall be given notice of the filing of the petition in the manner provided by Rule 10-104 NMRA of these rules. E. Amendment of offense. At any time prior to commencement of the adjudicatory hearing and subject to the provisions of Rule 10-212 NMRA, the court may allow the petition to be amended to charge the respondent child with an additional or different offense. Upon allowing such an amendment and upon the request of the respondent child, the court shall grant a continuance to allow further time for preparation.