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