Rule 10-246 NMRA
Rule 10-246. Dispositional proceedings.
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.