New Mexico

Categorical Right To Counsel
Discretionary Appointment Of Counsel
Right Or Appointment Is Qualified
No Such Proceeding
No Authorization, But Relevant Materials
Other
Qualified

Abuse/Neglect/Dependency - Accused Parents

Legislation

Key Development
? While a state may have many statutes, court decisions, or court rules governing appointment of counsel for a particular subject area, a "Key Development" is a statute/decision/rule that prevails over the others (example: a state high court decision finding a categorical right to counsel in guardianships cases takes precedence over a statute saying appointment in guardianship cases is discretionary).
April 4, 2023
NM provides parents with counsel prior to the signing of a voluntary placement agreement
A parent or guardian has the right to counsel before signing, and for the duration of, a voluntary placement agreement.
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Appointment of Counsel:  Yes
Qualified: Yes
? If "yes", the established right to counsel or discretionary appointment of counsel is limited in some way, including any of: the only authority is a lower/intermediate court decision or a city council, not a high court or state legislature; there has been a subsequent case that has cast doubt; a statute is ambiguous; or the right or discretionary appointment is not for all types of individuals or proceedings within that category.
Categorical

Abuse/Neglect/Dependency - Accused Parents

Qualified

Abuse/Neglect/Dependency - Children

Qualified

Adult Protective Proceedings - Protected Person

No Such Proceeding

Bypass of Parental Input into Abortion - Minor (Pre-Dobbs)

Qualified

Civil Commitment

Discretionary

Civil Contempt in Family Court

Discretionary

Custody Disputes - Children

Discretionary

Forfeiture (incomplete)

Qualified

Guardianship/Conservatorship of Adults - Protected Person

Qualified

Guardianship/Conservatorship of Children - Child (incomplete)

No Such Proceeding

Guardianship/Conservatorship of Children - Parent or Guardian

Qualified

Involuntary Medical Treatment (incomplete)

Qualified

Other subject area

Discretionary

Parentage - Defendant/Respondent

Discretionary

Parentage - Petitioner or Child

Categorical

Quarantine/Isolation

No Such Proceeding

Sexually Dangerous Persons - Commitment

No Such Proceeding

Sterilization

Categorical

Termination of Parental Rights (Private) - Birth Parents

Qualified

Termination of Parental Rights (Private) - Children

Categorical

Termination of Parental Rights (State) - Birth Parents

Qualified

Termination of Parental Rights (State) - Children

Qualified

Truancy - Petition Against Child