Rule 10-342. Admissions, including no contest pleas, and consent decrees.

A. Admissions. The respondent may make an admission by: (1) admitting sufficient facts to permit a finding that the allegations of the petition are true; or (2) entering a plea of no contest by declaring the respondent's intention not to contest the allegations in the petition. A no contest plea entered under this rule shall not be construed as or used as an admission for any other civil or criminal purpose. B. Consent decrees. A consent decree in an abuse or neglect proceeding is an order of the court, after an admission, including the entry of a no contest plea, has been made, that suspends the proceedings on the petition and in which, under terms and conditions negotiated and agreed to by the respondent and the children's court attorney: (1) the legal custody of the child is transferred to the department for a period not to exceed six (6) months from the date of the consent decree; and (2) the child is allowed to remain with the respondent or other person and the respondent will be under supervision of the department for a period not to exceed six (6) months. C. Inquiry of respondent. The court shall not accept an admission, including the entry of a no contest plea, or approve a consent decree without first, by addressing the respondent personally in open court, determining that: (1) the respondent understands the allegations of the petition; (2) the respondent understands the dispositions that the court may make if the allegations of the petition are found to be true; (3) the respondent understands that by making an admission, including entering into a no contest plea, the court will enter a finding that the child is an abused or neglected child as to that respondent and as defined under the Children’s Code, and that such a finding can be used against the respondent to establish the fact of abuse and/or neglect in the event the case proceeds to a hearing on a motion to terminate parental rights; (4) the respondent understands the right to deny the allegations in the petition and to have a trial on the allegations; (5) the respondent understands that by admitting, including by entering a no contest plea, or agreeing to the entry of the consent decree the respondent is waiving the right to a trial; (6) the admission, including the entry of a no contest plea, or provisions of the consent decree are voluntary and not the result of force or threats or of promises other than any consent decree agreement reached. D. Basis for admission, no contest plea, or consent decree. The court shall not enter judgment upon an admission, including the entry of a no contest plea, or approve a consent decree without making such inquiry as shall satisfy the court that there is a factual basis for the admission, including the entry of a no contest plea, or consent decree. If the admission is a no contest plea, the court shall not question the respondent, but, by some other means, shall obtain support for a finding that one or more of the statutory grounds alleged in the petition are true. E. Disposition. After acceptance of an admission, including a no contest plea, unless made for the purpose of a consent decree, the court shall proceed to make any disposition permitted by law as it deems appropriate under the circumstances. F. Acceptance of consent decree. If the court accepts a consent decree, the court shall approve the disposition provided for in the consent decree or another disposition more favorable to the respondent than that provided for in the consent decree. If the court rejects the consent decree, the decree shall be null and void. G. Inadmissibility of discussions. Evidence of an admission, including a no contest plea, or agreement to a consent decree, later withdrawn, or of conduct or statements made during negotiations shall be considered to be "compromise negotiations" under Rule 11-408 NMRA and is not admissible to prove abuse or neglect. This rule does not require the exclusion of any evidence otherwise discoverable merely because it was presented in the course of settlement negotiations. H. Time limits. If the child is in the custody of the department, the court shall accept or reject the admission, including a no contest plea, or consent decree within five (5) days after the admission, including a no contest plea, is made or within five (5) days after a consent decree has been submitted to the court for its approval. I. Extension. The department 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 objects to the extension, the court shall hold a hearing to determine if the extension is in the best interests of the child. J. Revocation. If, prior to the expiration of the consent decree, the respondent allegedly fails to fulfill the terms of the decree, the department may file a petition to revoke the consent decree. If the respondent is found to have violated the terms of the consent decree, the court may: (1) extend the period of the consent decree; or (2) make any other disposition which would have been appropriate in the original proceedings.