SENATE BILL 126

57th legislature - STATE OF NEW MEXICO - second session, 2026

INTRODUCED BY

Antonio Maestas

AN ACT

RELATING TO CHILDREN; AMENDING THE CHILDREN'S CODE; PROVIDING THAT A GUARDIAN AD LITEM SHALL NOT SERVE AS GUARDIAN AD LITEM FOR MORE THAN TWENTY CHILDREN AT THE SAME TIME; MAKING CONFORMING AMENDMENTS.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. Section 32A-1-7 NMSA 1978 (being Laws 1993, Chapter 77, Section 16, as amended) is amended to read:

     "32A-1-7. GUARDIAN AD LITEM--POWERS AND DUTIES.--

          A. A guardian ad litem shall zealously represent [the] a child's best interests in [the] a proceeding for which the guardian ad litem has been appointed and in any subsequent appeals.

          B. Unless excused by a court, a guardian ad litem appointed to represent a child's best interests shall continue the representation in any subsequent appeals.

          C. Any party may petition the court for an order to remove a guardian ad litem on the grounds that the guardian ad litem has a conflict of interest or is unwilling or unable to zealously represent [the] a child's best interests.

          D. After consultation with the child a guardian ad litem represents, the guardian ad litem shall convey the child's declared position to the court at every hearing.

          E. Unless a child's circumstances render the following duties and responsibilities unreasonable, a guardian ad litem shall:

                (1) meet with and interview the child prior to custody hearings, adjudicatory hearings, dispositional hearings, judicial reviews and any other hearings scheduled in accordance with the provisions of the Children's Code;

                (2) communicate with health care, mental health care and other professionals involved with the child's case;

                (3) review medical and psychological reports relating to the child and the respondents;

                (4) contact the child prior to any proposed change in the child's placement;

                (5) contact the child after changes in the child's placement;

                (6) attend local substitute care review board hearings concerning the child and if unable to attend the hearings, forward to the board a letter setting forth the child's status during the period since the last local substitute care review board review and include an assessment of the department's permanency and treatment plans;

                (7) report to the court on the child's adjustment to placement, the department's and respondent's compliance with prior court orders and treatment plans and the child's degree of participation during visitations; and

                (8) represent and protect the cultural needs of the child.

          F. A guardian ad litem may retain separate counsel to represent [the] a child in a tort action on a contingency fee basis or any other cause of action in proceedings that are outside the jurisdiction of the children's court. When a guardian ad litem retains separate counsel to represent [the] a child, the guardian ad litem shall provide the court with written notice within ten days of retaining the separate counsel. A guardian ad litem shall not retain or subsequently obtain any pecuniary interest in an action filed on behalf of [the] a child outside of the jurisdiction of the children's court.

          G. [In the event of] If there is a change of venue in a case, the originating guardian ad litem shall remain on the case until a new guardian ad litem is appointed by the court in the new venue and the new guardian ad litem has communicated with and received all pertinent information from the [former] originating guardian ad litem.

          H. A guardian ad litem shall receive notices, pleadings or other documents required to be provided to or served upon a party. A guardian ad litem may file motions and other pleadings and take other actions consistent with the guardian ad litem's powers and duties.

          I. A guardian ad litem shall not serve concurrently as both [the] a child's delinquency attorney and guardian ad litem and shall not serve as guardian ad litem for more than twenty children at the same time."

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