Skip to main content
Find a Lawyer

New Mexico Statutes Chapter 32A. Children's Code § 32A-3B-3. Protective custody; interference with protective custody; penalty

Current as of January 01, 2024 | Updated by Findlaw Staff

A. A child may be taken into protective custody by a law enforcement officer without a court order when the officer has reasonable grounds to believe that the child:

(1) has run away from the child's parent, guardian or custodian;

(2) without parental supervision is suffering from illness or injury;

(3) has been abandoned;

(4) is endangered by the child's surroundings and removal from those surroundings is necessary to ensure the child's safety;

(5) is engaged in an act that would be designated as prostitution if committed by an adult; or

(6) is a victim of human trafficking as defined in Section 30-52-1 NMSA 1978.

B. A child may be taken into protective custody pursuant to a court order issued after an agency legally charged with the supervision of the child has notified a law enforcement agency that the child has run away from a placement.

C. When a child is taken into protective custody, the department shall make a reasonable effort to determine whether the child is an Indian child.

D. Any person, other than the child taken into protective custody, who interferes with placing the child in protective custody is guilty of a petty misdemeanor and shall be sentenced pursuant to the provisions of Section 31-19-1 NMSA 1978.

Previous Part of Code Next Part of Code
Back to Chapter List

Cite this article: FindLaw.com - New Mexico Statutes Chapter 32A. Children's Code § 32A-3B-3. Protective custody; interference with protective custody; penalty - last updated January 01, 2024 | https://codes.findlaw.com/nm/chapter-32a-childrens-code/nm-st-sect-32a-3b-3/

FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.

Was this helpful?

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw’s Learn About the Law.

Go to Learn About the Law

Latest Blog Posts

For Legal Professionals

Learn About The Law

Get help with your legal needs

FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.

Go to Learn About the Law

Need to Find an Attorney?

Search our directory by legal issue

Enter information in one or both fields (Required)

Copied to clipboard