§ RULE 11-509. COMMUNICATIONS TO JUVENILE PROBATION OFFICERS AND SOCIAL SERVICES WORKERS

Codes > New Mexico Rules of Evidence > Article 5 > RULE 11-509.

RULE 11-509. COMMUNICATIONS TO JUVENILE PROBATION OFFICERS AND SOCIAL SERVICES WORKERS

A. Definitions. As used in this rule:

(1) “probation officer” means a person employed by the Children, Youth and Families Department or successor entity who conducts preliminary inquiries pursuant to the Children's Code and Children's Court Rules and Forms;

(2) “social services worker” means a person employed by the Children, Youth and Families Department or successor entity who conducts preliminary inquiries pursuant to the Children's Code and Children's Court Rules and Forms; and

(3) a communication is “confidential” if made privately and not intended for further disclosure except to other persons in furtherance of the purpose of the communication.

B. General Rule of Privilege. A child alleged to be delinquent or in need of supervision and a parent, guardian or custodian who allegedly neglected a child has a privilege to refuse to disclose and to prevent any other person from disclosing confidential communications, either oral or written, between the child, parent, guardian or custodian and a probation officer or a social services worker which are made during the course of a preliminary inquiry.

C. Who May Claim Privilege. The privilege provided in Paragraph B of this rule may be claimed by the child in a criminal proceeding or in a children's court proceeding; or by the parent, guardian or custodian who allegedly abused or neglected a child. The claim of privilege may be asserted by the attorney, the probation officer or social services worker on behalf of the child, parent, guardian or custodian.