N.M. Stat. § 32A-4-11
Use immunity.
A. At any stage of a proceeding under the Abuse and Neglect Act, the children's
court attorney may apply for use immunity for a respondent for in-court testimony. The
in-court testimony of an immunized respondent shall not be used against that
respondent in a criminal prosecution; provided, however, that the respondent may be
prosecuted for perjury that occurs during the respondent's testimony in children's court.
B. At any stage of a proceeding under the Abuse and Neglect Act, the children's
court attorney may apply for use immunity for any records, documents or other physical
objects produced by the immunized respondent in that children's court proceeding,
production of which was compelled by a court order.
C. At any stage of a proceeding under the Abuse and Neglect Act, the children's
court attorney may apply for use immunity for a respondent for any statement that a
respondent makes in the course of a court-ordered psychological evaluation or
treatment program to the professional designated by the department in furtherance of
the court's order. Such immunity shall attach only to those statements made during the
course of the actual evaluation or treatment and specifically does not attach to
statements made to other department employees, agents or other representatives in the
course of the investigation of alleged child abuse or neglect.
D. Any other information available to the professional designated by the department
to perform the court-ordered evaluation or treatment shall not be the subject of any
application or order for immunity.
E. All immunized statements referred to in Subsection C that are subsequently
reduced to writing shall be deleted before any report is released to law enforcement
officers or district attorneys.
F. Use immunity orders shall not be entered nunc pro tunc.
G. The children's court attorney shall request a hearing on any application for
immunity and shall give at least forty-eight hours notice to all parties and to the district
attorney for the county in which the alleged abuse or neglect occurred. The district
attorney shall have standing to object to the order for immunity.