Rule 10-221. Placing child in detention.

A. Referral to probation services. Unless otherwise specifically ordered by the court, upon delivery of a respondent child who may be held in custody to probation services or to a place of detention, a probation officer with the Children, Youth and Families Department shall interview the respondent child and, if possible, the respondent child’s parents, guardian or custodian to determine if continued detention is necessary under the criteria set forth in the Children’s Code [32A-1-1 NMSA]. B. Notice of detention. If a Children, Youth and Families Department employee or a trained county detention professional designated by that department determines that continued detention is necessary, the person in charge of the place of detention shall advise the respondent child’s parents, guardian or custodian as soon as practicable but no later than twenty-four (24) hours from the time the respondent child was delivered to probation services or to a place of detention, including Saturdays, Sundays and legal holidays: (1) the respondent child has been placed in detention; (2) the reason the respondent child has been placed in detention; (3) the place where the respondent child is detained and the visiting hours there; (4) if no petition is filed, the respondent child will be released; (5) if a petition is filed, a detention hearing will be held to determine whether continued detention is necessary; and (6) the respondent child has a right to an attorney and, if they do not obtain an attorney for the child, the public defender will represent the child. C. Statement of probable cause. In warrantless arrests, other than arrests for alleged parole violations, if the respondent child is to be detained, at the time of the detention the arresting officer shall prepare a statement of probable cause. The arresting officer or the arresting officer's designee shall inform the respondent child of the contents of the statement of probable cause. A copy of the statement of probable cause shall be provided to the respondent child and the respondent child's attorney prior to the detention hearing. If a petition is filed, the statement and determination of probable cause shall be filed with the petition. A statement of probable cause shall be substantially in the form approved by the Supreme Court.