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Here's how the child custody system in New Mexico works

Here's how the child custody system in New Mexico works
THE LAST I HEARD, THEY WERE STILL IN CARE. THIS IS WHERE THOSE DECISIONS ARE MADE, RIGHT HERE IN CHILDREN’S COURT. WHEN POLICE RESPOND TO A CHILD ABUSE CALL, THEY HAVE THE AUTHORITY TO REMOVE THE CHILD FROM THEIR HOME FOR 48 HOURS. CYFD THEN GETS INVOLVED TO DETERMINE IF THEY WANT TO HOLD THEM FOR LONGER. TO DO THAT, THEY MUST PETITION THE COURT AND THE JUDGE SIGNS AN ORDER. JOHN ROMERO IS A FORMER CHILDREN’S COURT JUDGE. BUT WE’RE SUPPOSED TO, BASED ON THAT PIECE OF PAPER, SIGNED THE VERY FIRST ORDER THAT AUTHORIZES THE CHILD TO COME INTO THE TEMPORARY CUSTODY OF THE STATE OF NEW MEXICO. CHILDREN, YOUTH AND FAMILIES DEPARTMENT AND ONE OF THE IMPORTANT DECISIONS THAT WE MAKE IN THAT ORDER, IT IS CONTRARY TO THE WELFARE OF THE CHILD TO REMAIN IN THIS HOME. WITHIN TEN DAYS, A HEARING IS SCHEDULED TO DETERMINE WHETHER A CHILD WILL STAY IN STATE CUSTODY. AND 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. BUT IN NEW MEXICO, THAT’S NOT EASY TO PROVE BECAUSE YOU DON’T NEED TO PROVE THAT THE FATHER IS A HEROIN USER. 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. WHEN CYFD PLACES A CHILD BACK HOME, THEY GIVE THE PARENT WHAT THEY CALL A SAFETY PLAN. BUT THERE’S ONE PROBLEM. SO MUCH OF WHAT WE DO IS BY LAW, VOLUNTARY. THAT MEANS PARENTS DON’T HAVE TO COOPERATE WITH CYFD. MONIQUE JACOBSEN USED TO BE THE CYFD SECRETARY UNDER GOVERNOR SUSANA MARTINEZ. A LOT OF TIMES WHEN SHE HAS INTERACTION WITH FAMILIES, THE ONGOING FOLLOW UP IS VOLUNTARY PARTICIPATION IN THE ACTUAL INVESTIGATION IS VOLUNTARY. JUDGE ROMERO SAYS A LOT OF FAMILIES DON’T COOPERATE. FEW OF US IS GOING TO SAY, YES, THANK YOU FOR COMING INTO MY LIFE AND INTERFERING WITH MY LIFE AND TELLING ME YOU’RE GOING TO HELP ME. I’M FR
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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.

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.

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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.