Rule 10-344 Dispositional hearings; time limits.
ARTICLE 3 Abuse and Neglect Proceedings and Families in Need of Court Ordered Services
Rule Text
A. Predisposition report. If the court finds that the respondent has abused or neglected the child, the court shall hold a dispositional hearing. If the dispositional hearing is not held at the same time as the adjudicatory hearing, the department shall prepare a predisposition report. Unless the dispositional hearing is held in conjunction with the adjudicatory hearing, at least five (5) days prior to the dispositional hearing, the department shall file with the court and serve on each party a predisposition report.
B. Access to reports. At the time of serving the department's dispositional plan on the parties, the department shall serve each party with:
(1) copies of any social, diagnostic or other predisposition reports ordered by or submitted to the court; and
(2) a proposed disposition order.
C. Time. If, at the conclusion of an adjudicatory hearing, the child is found to be abused or neglected, the court may proceed immediately to make disposition of the case. If the dispositional hearing is not held in conjunction with the adjudicatory hearing, it shall commence within thirty (30) days after conclusion of the adjudicatory hearing.
Amendment history: Adopted April 1, 1976, Children's Court Rule 45 NMSA 1953; recompiled and amended effective November 1, 1978 as Children's Court Rule 61 NMSA 1978; as amended effective February 1, 1982; May 1, 1986; Rule 10-309 SCRA 1986; Rule 10-309 NMRA; recompiled as Rule 10-321 and amended, effective February 15, 1999; Rule 10-321 NMRA, recompiled and amended as Rule 10-344 NMRA by Supreme Court Order No. 08-8300-042, effective January 15, 2009. As amended by Supreme Court Order No. 08-8300-042, effective January 15, 2009.