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HOUSE BILL 196
56
TH LEGISLATURE
-
STATE
OF
NEW
MEXICO
-
FIRST SESSION
,
2023
INTRODUCED BY
Stefani Lord
AN ACT
RELATING TO CHILDREN; REVISING THE PREFERRED PLACEMENT OF
CHILDREN IN TEMPORARY CUSTODY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 32A-4-8 NMSA 1978 (being Laws 1993,
Chapter 77, Section 102, as amended) is amended to read:
"32A-4-8. PLACE OF TEMPORARY CUSTODY.--
A. Unless a child alleged to be neglected or abused
is also alleged or adjudicated delinquent:
(1) the child shall not be held in a jail or
other facility intended or used for the incarceration of adults
charged with criminal offenses or for the detention of children
alleged to be delinquent children; and
(2) there shall be a preference that the child
be placed in the home of a relative of the child when a
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relative is available to provide foster care; provided that:
(a) placement with a relative is in the
best interest of the child;
(b) the relative signs a sworn statement
that the relative will not return the child to or allow
unsupervised visits with the parent, guardian or custodian who
is alleged to have committed the abuse or neglect, unless
otherwise directed by the department or the court; and
(c) within three days of accepting
custody of the child, the relative completes an application
form for licensure to operate a foster home pursuant to the
Children's Code.
B. The department shall make reasonable efforts to
locate a relative of the child to provide foster care. If a
relative is not available to provide foster care, [the child
may be placed in:
(1) a licensed foster home or any home
authorized under the law for the provision of foster care or
group care or use as a protective residence;
(2) a facility operated by a licensed child
welfare services agency; or
(3) a facility provided for in the Children's
Shelter Care Act] the child's preferred order of placement is:
(1) fictive kin;
(2) licensed family foster care;
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(3) therapeutic foster care;
(4) a group home or congregate care setting;
or
(5) a residential treatment facility.
C. Absent evidence to the contrary, a court may
presume that continuation of the child's placement with the
child's current caregivers is in the child's best interests.
D. A foster parent or fictive kin caregiver with
whom the child has resided for six months or more is a person
who has a significant relationship with the child ."
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