GUARDIAN AD LITEM CAPACITY

SB0126

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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