N.M. Stat. § 32A-6A-23
Liability of persons providing treatment or habilitation
services.
A. A person providing mental health and developmental disability services to a child
and a treatment facility providing mental health and developmental disability services to
a child shall not be liable if:
(1)
the child does not require detention, treatment or services;
(2)
the admission or treatment was made solely on the basis of
misrepresentations by a child seeking treatment or habilitation services or by a child's
legal custodian, provided the professional or the facility's staff acted in good faith; or
(3)
the admission was made solely on the basis of reliance upon a tribal court
order, provided the mental health or developmental professional or the facility's staff
acted in good faith.
B. Nothing in the Children's Mental Health and Developmental Disabilities Act shall
be construed to relieve any professional or facility from liability for negligence or
intentional misconduct in the diagnosis, treatment or services provided to any child.
C. Nothing in the Children's Mental Health and Developmental Disabilities Act shall
be construed to relieve any professional or facility from a duty pursuant to reporting laws
relating to the detection of child abuse.