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HOUSE BILL 312
56
TH LEGISLATURE
-
STATE
OF
NEW
MEXICO
-
FIRST SESSION
,
2023
INTRODUCED BY
Stefani Lord and Jason C. Harper and Mark Duncan
and Alan T. Martinez
AN ACT
RELATING TO CHILDREN; REQUIRING A BEST INTERESTS OF THE CHILD
DETERMINATION IN ALL ABUSE AND NEGLECT PROCEEDINGS; PROVIDING A
BEST INTERESTS OF THE CHILD STANDARD IN ABUSE AND NEGLECT
PROCEEDINGS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. A new section of the Abuse and Neglect Act is
enacted to read:
"[NEW MATERIAL] BEST INTERESTS OF THE CHILD DETERMINATION
REQUIREMENT--BEST INTERESTS OF THE CHILD STANDARD.--
A. The best interests of the child standard
reflects the protection of a child from abuse and neglect. In
proceedings to terminate parental rights and for permanent
guardianship, the standard encompasses stability and permanency
in placement.
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B. In all matters and proceedings that concern a
child, the best interests of the child shall apply and the
following factors shall be considered in determining the best
interests of the child:
(1) the child's age and physical and mental
vulnerabilities;
(2) the frequency and nature of any out-of-
home placements for the child;
(3) the frequency, magnitude and other
circumstances of the harm to the child;
(4) any repeated harm suffered by the child;
(5) any fear by the child of living in or
returning to the home from which the child was removed, current
placement or potential placement;
(6) the results of psychiatric, psychological
or developmental evaluations of the child, the child's parents
or other family members;
(7) any history of abusive conduct by the
child's family or others who have access to the child's home;
(8) any history of substantiated claims of
substance abuse by the child's family or others who have access
to the child's home;
(9) whether the perpetrator of the harm to the
child is identified;
(10) whether an identified perpetrator has or
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may have continued access to the child;
(11) the circumstances under which a parent
voluntarily relinquished parental rights to the child;
(12) the willingness and ability of the
child's family to:
(a) seek, accept and complete family
services, including services that address specific needs of the
child or family;
(b) cooperate with and facilitate close
supervision by an appropriate agency; and
(c) complete psychological, domestic
violence and substance abuse assessments;
(13) the willingness and ability of the
child's family to effect positive environmental and personal
changes within a reasonable period of time;
(14) a demonstration by the child's family of
adequate parenting skills, including providing the child and
other children under the family's care with:
(a) minimally adequate health and
nutritional care;
(b) nurture, care and appropriate
discipline consistent with the child's physical and
psychological development;
(c) guidance and supervision consistent
with the child's safety;
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(d) a safe home environment;
(e) protection from repeated exposure to
violence even though the violence may not be directed at the
child; and
(f) an understanding of the child's
needs and capabilities; and
(15) the availability of an adequate social
support system for the child consisting of an extended family
and friends."
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