Rule 11-509 Communications to juvenile probation officers and social services workers.

A. Definitions. For purposes of this rule,

(1) “probation officer” means a person employed by the Children, Youth and Families Department or successor entity who conducts preliminary inquiries pursuant to the Children’s Code [Chapter 32A NMSA 1978] and Children’s Court Rules and Forms;

(2) “social services worker” means a person employed by the Children, Youth and Families Department or successor entity who conducts preliminary inquiries pursuant to the Children’s Code and Children’s Court Rules and Forms; and

(3) a communication is “confidential” if made privately and not intended for further disclosure except to other persons in furtherance of the purpose of the communication.

B. Scope of the privilege. A child alleged to be delinquent or in need of supervision and a parent, guardian, or custodian who allegedly neglected a child has a privilege to refuse to disclose, or to prevent any other person from disclosing, confidential communications, either oral or written, between the child, parent, guardian, or custodian and a probation officer or a social services worker which are made during the course of a preliminary inquiry.

C. Who may claim the privilege. The privilege provided in Paragraph B of this rule may be claimed by the child in a criminal proceeding or in a children’s court proceeding; or by the parent, guardian, or custodian who allegedly abused or neglected a child. The claim of privilege may be asserted by the attorney, the probation officer, or the social services worker on behalf of the child, parent, guardian, or custodian.