Rule 10-246 NMRA

Rule 10-246. Dispositional proceedings.

Last amended: 2009Year: 2009Length: 518 wordsOfficial source
A. Access to reports. At least five (5) days before a hearing, copies of any social, diagnostic or other predisposition reports ordered by or submitted to the court shall be provided to the parties. B. Time limits. When the respondent child is in detention, dispositional proceedings shall begin within thirty (30) days from the date the court concludes the adjudicatory hearing in a delinquency proceeding or trial in a youthful offender proceeding or accepts an admission of the factual allegations of the petition. The dispositional proceedings shall be concluded as soon as practical. If the hearing is not begun within the time specified in this paragraph, unless the respondent child has agreed to the delay or has been responsible for the failure to comply with the time limits, the respondent child shall be released from detention on such conditions as appropriate until the dispositional hearing can be commenced. C. Commitment for diagnosis. The court may order a respondent child adjudicated as a delinquent child or convicted in a youthful offender proceeding to be committed to a facility for purposes of diagnosis and recommendations to the court as to what disposition is in the best interests of the child and the public. If the court enters an order transferring the child for a diagnostic commitment pursuant to the Children's Code [32A-1-1 NMSA 1978], the dispositional proceedings shall be recommenced within forty- five (45) days after the filing of the court's order. If the hearing is not recommenced within the time specified in this paragraph, unless the respondent child has agreed to the delay or has been responsible for the failure to comply with the time limits, the respondent child shall be released from detention on such conditions as appropriate until the dispositional hearing can be commenced. D. Extension of time. For good cause shown the time for commencing a disposition hearing may be extended by the Supreme Court, a justice thereof, or a judge designated by the Supreme Court. The party seeking an extension of time shall file with the clerk of the Supreme Court a verified petition for extension concisely stating the facts petitioner deems to constitute good cause for an extension of time to commence the dispositional hearing. The petition shall be filed within the applicable time limits prescribed by this rule, except that it may be filed within ten (10) days after the expiration of the applicable time limits if it is based on exceptional circumstances beyond the control of the state or children's court which justify the failure to file the petition within the applicable time limit. A party seeking an extension of time shall forthwith serve a copy thereof on opposing counsel. Within five (5) days after service of the motion, opposing counsel may file an objection to the extension setting forth the reasons for such objection. No hearing shall be held except upon order of the Supreme Court. If the Supreme Court finds that there is good cause for the granting of an extension beyond the applicable time limit, it shall fix the time limit within which the dispositional hearing must be commenced.
Rule 10-246 NMRA: Rule 10-246. Dispositional proceedings. | Justis AI