Notice Of Childs Advisement Of Right To Attend Hearing {10-570}

10-570. Notice of child222s advisement of right to attend hearing. STATE OF NEW MEXICOCOUNTY OF JUDICIAL DISTRICTIN THE CHILDREN222S COURTSTATE OF NEW MEXICO ex rel.CHILDREN, YOUTH AND FAMILIES DEPARTMENTNo. In the Matter of, (a) Child(ren), and Concerning , Respondent(s).NOTICE OF CHILD222S ADVISEMENT OF RIGHT TO ATTEND HEARING1 I, , the attorney for , the child in the abovecause, give notice of the following:1.I have advised the child that the child has a right to attend the (type of hearing) hearing on (date) because the child is a party to the case andbecause the court may be making decisions regarding the child222s placement, education, and caseplan.2.(Choose one of the following:) [ ]The child intends to attend the hearing and [will] [will not] request theDepartment to arrange transportation.[Or][ ]The child, being fully advised of the child222s right to attend this hearing,does not intend to attend this hearing. [The child requests leave to present the child222s wishes tothe Court regarding (describe wishes) and would like to present thisinformation by (describe method of alternative participation). Thechild requests leave to communicate with the court in this manner because (describe reason).]23.I have talked to the child about what the child would like the court to knowregarding the child222s position on issues related to the child222s best interests or to the child222s statedposition. 4.The child understands that the child has the right to attend any future hearings inthis cause regardless of the child222s choice to attend the hearing on (date). American LegalNet, Inc. www.FormsWorkFlow.com I certify that I have explained to the child the child222s right to attend the hearing, and I amsatisfied that the child understands his or her right.3Attorney for ChildUSE NOTE1.Under Rule 10-324(D) NMRA, a child fourteen (14) years of age or older may beexcluded from a hearing 223only if the court makes a finding that there is a compelling reason toexclude the child and states the factual basis for the finding.224 See also NMSA 1978, 247 32A-4-20(E). This form and Rule 10-325 NMRA are intended to ensure that the child222s lawyer (1)notifies the child in a timely manner of the child222s right to attend each hearing; (2) notifies thecourt and the children222s court attorney of a request to arrange transportation for the child toattend the hearing; and (3) considers whether an alternative form of participation may bewarranted.2.The bracketed language is intended to allow the child to request leave to submitinformation to the court that is unrelated to the substantive allegations of abuse and neglect in thepetition. Such information may include updating the court about the child222s well-being, includingrecreational, extracurricular, or school-related activities and interests, and may be presented vialetter, video or audio recording, or any other manner that does not require the child222s presence inthe courtroom. If the child wishes to offer information related to the substantive allegations in thepetition without appearing in court, the child must file a motion for alternative testimony asprovided by Rule 10-340 and Form 10-571 NMRA.3.This form describes the minimum efforts necessary to effectively communicatewith the child before a hearing and does not supplant the lawyer222s continuing duty tocommunicate with the child. See Rule 16-104 NMRA (defining a lawyer222s duty to communicatewith a client); see also NMSA 1978, 247 32A-1-7.1(A) (223The attorney [retained or appointed torepresent a child] shall provide the same manner of legal representation and be bound by thesame duties to the child as is due an adult client, in accordance with the rules of professionalconduct.224). Additional communication may be necessary after this notice is filed to ensure thatthe child222s rights are protected. For example, a lawyer should review with the child thepredisposition study and report required under NMSA 1978, 247 32A-4-21, which is not due to thecourt until five (5) days before a dispositional hearing, to determine whether the report affects thechild222s position about attending the hearing. If the child decides to attend a hearing after thisnotice is filed, the attorney should communicate the child222s wish to the court and to the otherparties as soon as practicable.[Adopted by Supreme Court Order No. 16-8300-017, effective for all cases pending or filed on orafter December 31, 2016.] American LegalNet, Inc. www.FormsWorkFlow.com