Rule 10-228 NMRA

Rule 10-228. Consent decrees; extension, revocation or termination of consent decree.

Last amended: 2009Year: 2009Length: 246 wordsOfficial source
A. Consent decrees. Upon a finding that a factual basis exists for the allegations in the petition, or after adjudication, the court may enter a consent decree that places the respondent child under supervision for a period not to exceed six (6) months under conditions approved by the court. As part of a consent decree, the parties may agree to an extension of the consent decree not to exceed an additional six (6) months. B. Extension. The children's court attorney may move the court for an order extending the original consent decree for a period not to exceed six (6) months from the expiration of the original decree. The motion for extension shall be filed prior to the expiration of the original decree. If the respondent child objects to the extension, the court shall hold a hearing to determine if the extension is in the best interests of the respondent child and the public. C. One year limit. A consent decree and any extension may not exceed one (1) year from the date of the entry of the original consent decree. D. Revocation of consent decree. If, prior to discharge by probation services or the expiration of the consent decree, whichever occurs earlier, the respondent child allegedly fails to fulfill the terms of the decree, the children's court attorney may file a petition to revoke the consent decree. Proceedings on the petition shall be conducted in the same manner as proceedings on petitions to revoke probation.
Rule 10-228 NMRA: Rule 10-228. Consent decrees; extension, revocation or termination of consent decree. | Justis AI