Rule 10-261 NMRA
Rule 10-261. Probation.
A. Probation. At the conclusion of the dispositional hearing, the court may enter an
order placing the child on probation under terms and conditions as the court may
prescribe. An order placing a child on probation shall be substantially in the form
approved by the Supreme Court.
B. Revocation of probation. If the child fails to fulfill the terms or conditions of
probation, the children’s court attorney may file a petition to revoke probation.
C. Revocation procedure. Proceedings to revoke probation shall be conducted in
the same manner as proceedings on petitions alleging delinquency. The child whose
probation is sought to be revoked shall be entitled to all rights that a child alleged to be
delinquent is entitled to under law and these rules, except that
(1)
no preliminary inquiry shall be conducted;
(2)
the hearing on the petition shall be to the court without a jury;
(3)
the petition shall be styled as a "Petition to Revoke Probation" and shall
state the terms of probation alleged to have been violated and the factual basis for
these allegations; and
(4)
the petition may be filed any time prior to expiration of the period of
probation.