N.M. R. Child. Ct. 10-164

As amended through November 1, 2024

Rule 10-164 - Court appointed special advocates

A.Appointment. A court appointed special advocate ("CASA") may be appointed by a children's court judge pursuant to the provisions of this rule to assist in any children's court proceeding.

B.Qualifications. Any volunteer appointed to serve as a CASA pursuant to this rule shall:

(1) be of the age of majority;

(2) have successfully passed screening requirements, including a written application, personal interview, reference checks and criminal records checks;

(3) have successfully completed initial and regular in-service training in accordance with the guidelines of the statewide CASA network; and

(4) remain under the supervision of the local CASA director.

C.Powers. The CASA may assist the court:

(1) in determining the best interests of the child by investigating the facts of the situation when directed by the court and submitting reports to the parties; and

(2) by monitoring compliance with the treatment plan and submitting reports to the court and the parties subsequent to adjudication.

D.Duties. Any volunteer appointed to serve as a CASA pursuant to this rule shall be assigned duties consistent with the best interest of the child, which include but are not limited to:

(1) reviewing records other than those records to which access is limited by the court;

(2) interviewing appropriate parties;

(3) monitoring case progress;

(4) preparing reports based on the investigation conducted by the CASA, including recommendations to the court; and

(5) conducting business while maintaining confidentiality of information obtained.

E.Ex parte communications. A CASA volunteer shall not engage in any ex parte communications with the judge assigned to any case on which the CASA volunteer is working.

F.Reports. Any reports prepared by the CASA volunteer shall not be filed with or considered by the children's court judge prior to the conclusion of the adjudicatory proceeding. The report shall be served on the parties, but not the court, at least five (5) days prior to the hearing at which it will be considered.

G.Time limits. No time limit set forth in these rules shall be tolled or enlarged because of the appointment of a CASA.

N.M. R. Child. Ct. 10-164

Adopted, effective 9/1/1995; as amended, effective 3/1/2003; Rule 10-121 NMRA, recompiled as Rule 10-164 NMRA by Supreme Court Order No. 08-8300-042, effective 1/15/2009.

ANNOTATIONS The 2003 amendment, effective March 1, 2003, rewrote Subparagraph B(3) which formerly read "have successfully completed a minimum of fifteen (15) hours initial training in accordance with the guidelines of the National CASA Association"; redesignated Subparagraph B(5) as Subparagraph B(4); deleted former Subparagraph B(4) which read "receive regular in-service training"; and deleted "children's" preceding "court" from the introductory language of Paragraph C. Recompilations. - Pursuant to Supreme Court Order No. 08-8300-042, Rule 10-121 NMRA was recompiled as Rule 10-164 NMRA, effective January 15, 2009.