New Mexico § 32A-3B-3 Protective custody; interference with protective custody;

New Mexico Statutes

§ 32A-3B-3 — Protective custody; interference with protective custody;

New Mexico § 32A-3B-3

Ch. 32AChildren's Code

Art. 3BFamilies in Need of Court-Ordered Services

This text of New Mexico § 32A-3B-3 (Protective custody; interference with protective custody;) is published on Counsel Stack Legal Research, covering New Mexico primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.M. Stat. Ann. § 32A-3B-3 (2026).

Text

penalty. 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 en

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penalty. 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.