There are many steps that need to be taken when it comes to child custody in alleged abuse and neglect cases in New Mexico. When police respond to a child molestation call, officers have the power to remove the child from their home for a maximum of 48 hours. After that, the CYFD comes and decides whether the child should be placed in state custody for a longer period of time or not. To extend state detention, the agency must apply to the court and the judge will sign an order. Once that application is filed, a hearing is scheduled within 10 days for a judge to decide whether or not to keep the child in custody. Former children’s judge John Romero says the court must find a probable cause. “At this custody hearing, the “The justice officer must determine if there is reasonable grounds to believe that the child was neglected or abused,” Romero said. Former CYFD Secretary Monique Jacobson said it wasn’t easy to prove.VIDEO | Full Interview with Former CYFD Secretary Monique Jacobson “You don’t have to prove the father is a heroin user,” Jacobson said. “You have to prove that the fact that the father is a heroin user poses imminent danger to the child because there are many functioning drug users in New Mexico.” The agency gives the household what it calls a safety plan. According to Jacobson, this safety plan is completely voluntary. She says the follow-up is voluntary and participation in the research is voluntary. Romero says many families don’t cooperate.
There are many steps that need to be taken when it comes to child custody in allegations of abuse and neglect in New Mexico.
If police respond to a child molestation call, officers have the power to remove the child from their home for a maximum of 48 hours. After that, the CYFD comes and decides whether or not the child should be placed in government care for an extended period of time. To extend state detention, the agency must apply to the court and the judge will sign an order. Once that application is filed, a hearing is scheduled within 10 days for a judge to decide whether or not to keep the child in custody.
Former children’s judge John Romero says the court must find a probable cause.
“At this custody hearing, the bailiff must determine whether there is probable cause to believe that the child was neglected or abused,” Romero said.
Former CYFD Secretary Monique Jacobson said it wasn’t easy to prove.
VIDEO | Full interview with former CYFD secretary Monique Jacobson
“You don’t have to prove that the father is a heroin user,” Jacobson said. “You have to prove that the fact that the father is a heroin user poses imminent danger to the child because we have a lot of active drug users in New Mexico.”
When the child is placed back in the home by CYFD, the agency issues what is called a safety plan to the household.
According to Jacobson, this safety plan is entirely voluntary. She says the follow-up is voluntary and participation in the research is voluntary.
Romero says many families don’t cooperate.
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