Legal Opinion

State v. JULIA S.

New Mexico Court of Appeals

Decided April 24, 1986No. 8549PublishedCited by 7 opinions

1Opinion of the Court

OPINION

ALARID, Judge.

Respondent Julia S. appeals from an order of the children’s court incarcerating her in a secure detention facility for fifteen days. The issue on appeal is whether the court had authority to order the incarceration for a child in need of supervision (CHINS) for a finding of a probation violation. We reverse. Statutory citations are to the Children’s Code (Code), NMSA 1978, Sections 32-1-1 to -55 (Repl.Pamp.1981 and Cum.Supp.1985). We use the acronym CHINS to refer to both a “child in need of supervision” and “children in need of supervision.”

FACTS

A petition alleging…

2Cases cited15 opinions

  1. Roe v. WadeSupreme Court of the United States · 1973
  2. Gompers v. Bucks Stove & Range Co.Supreme Court of the United States · 1911
  3. Ex Parte GrossmanSupreme Court of the United States · 1925
  4. State Ex Rel. Bliss v. GreenwoodNew Mexico Supreme Court · 1957
  5. State v. MorrillSupreme Court of Arkansas · 1855

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3Cited by7 opinions

  1. American Civil Liberties Union v. City of AlbuquerqueNew Mexico Supreme Court · 1999
  2. In the Interest of J.E.S.Supreme Court of Colorado · 1991
  3. State v. Steven B.New Mexico Court of Appeals · 2004
  4. State Ex Rel. Department of Human Services v. Patrick R.New Mexico Court of Appeals · 1986
  5. State ex rel. Children, Youth & Families Department v. Mercer-SmithNew Mexico Court of Appeals · 2015

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