The bill establishes a framework for determining the competency of a child in legal proceedings in New Mexico. It allows either the court or a party involved in the case to raise the question of a child's competency, provided that a written motion is submitted along with supporting documents. The court can order an evaluation of the child's competency if it finds a compelling reason to do so, although the child's age alone is not considered sufficient grounds for this determination.

When assessing a child's competency, the bill presumes the child to be competent unless proven otherwise. An independent child psychologist, recognized as an expert by the court, will conduct the evaluation. The assessment will cover the child's understanding of relevant information, appreciation of the consequences of their choices, reasoning skills, and ability to express a choice clearly. The bill defines a "child" as any individual under the age of eighteen.