Here's how the child custody system in New Mexico works
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 abuse call, officers have the authority to remove the child from their home for a maximum of 48 hours. After that, CYFD will come in and decide whether or not the child should be placed in state custody for a longer period of time. In order to extend state custody, the agency must petition the court, and the judge signs an order. Once that petition is filed, a hearing is scheduled within 10 days for a judge to decide whether or not the child will remain in custody.
Former children's court judge John Romero says the court needs to find probable cause.
"At that custody hearing, the judicial officer needs to determine whether there's probable cause to believe that the child has been neglected or abused," Romero said.
Former CYFD Secretary Monique Jacobson said it's not easy to prove.
VIDEO | Full interview with former CYFD secretary Monique Jacobson
"You don't need to prove that the father is a heroin user," Jacobson said. "You have to prove that the fact the father is a heroin user creates imminent, puts the child in imminent harm because we have a lot of functioning drug users in New Mexico."
If the child is placed back in the home by CYFD, the agency gives the household what they call a safety plan.
That safety plan is completely voluntary, according to Jacobson. She says the follow-up is voluntary and participation in the investigation is voluntary.
Romero says many families do not cooperate.