Rule 10-325 NMRA
Rule 10-325. Notice of child's advisement of right to attend hearing.
A. Notice required. Counsel assigned to represent a child fourteen (14) years of
age or older shall provide written notice that the child has been advised of the child’s
right to attend any hearing under the Abuse and Neglect Act.
B. Timing of Notice. Notice shall be filed at least fifteen (15) days before each
hearing, unless there is an emergency hearing that is held without fifteen (15) days
notice.
C. Content of Notice. The notice shall be substantially in the form approved the
Supreme Court and shall be provided to the following:
(1)
the children’s court;
(2)
all parties;
(3)
the child’s CASA; and
(4)
the child’s foster parents.
D. Written notice not required. Written notice is not required when there is an
emergency hearing scheduled without fifteen (15) days notice to the parties. Counsel for
the child shall orally notify the court whether the child was advised of the child’s right to
attend such a hearing.
E. Alternative method of testimony. If the child wishes to offer information related
to the substantive allegations in the petition without appearing in court, the child must
file a motion for alternative testimony as provided by Rule 10-340 NMRA.