Fiscal impact reports (FIRs) are prepared by the Legislative Finance Committee (LFC) for standing finance
committees of the Legislature. LFC does not assume responsibility for the accuracy of these reports if they
are used for other purposes.
F I S C A L I M P A C T R E P O R T
SPONSOR Reeb
/Terrazas
LAST UPDATED
ORIGINAL DATE 01/28/2025
SHORT TITLE Fentanyl Exposure as Child Abuse
BILL
NUMBER House Bill 136
ANALYST Chilton
ESTIMATED ADDITIONAL OPERATING BUDGET IMPACT*
(dollars in thousands)
Agency/Program
FY25 FY26 FY27
3 Year
Total Cost
Recurring or
Nonrecurring
Fund
Affected
Courts, NMAG,
CYFD
No fiscal
impact
Less than
$200.0
Less than
$200.0
Less than
$400.0
Recurring General Fund
Parentheses ( ) indicate expenditure decreases.
*Amounts reflect most recent analysis of this legislation.
Sources of Information
LFC Files
Agency Analysis Received From
Administrative Office of the Courts (AOC) New Mexico Attorney General (NMAG) Children, Youth and Families Department (CYFD) Office of Family Representation and Advocacy (OFRA) Department of Public Safety (DPS)
SUMMARY
Synopsis of House Bill 136
House Bill 136 adds the words “or fentanyl” to Section 30-6-1, which lists types of child abuse
and neglect. That section states that exposing a child to the use of methamphetamine is prima
facie evidence of child abuse; the addition would make exposure to fentanyl use also prima facie
evidence of child abuse.
The effective date of this bill is July 1, 2025.
FISCAL IMPLICATIONS
The Office of Family Representation and Advocacy (OFRA), the Administrative Office of the
Courts (AOC), and the Children, Youth and Families Department (CYFD) all indicate the
possibility of an increased workload for courts and prosecuting and defending attorneys related
to this bill. CYFD anticipates the likelihood of an increased workload as well. Thus, the entry in
the table above cannot be precisely determined.
House Bill 136 – Page 2
SIGNIFICANT ISSUES
Fentanyl continues to be a major problem for the United States in general and New Mexico in
particular. The rate of drug overdose deaths New Mexico has increased rapidly over the last 30
years (with a slight decline in the last two years), with fentanyl becoming the most likely cause.
New Mexico ranks among the top six states in drug overdose deaths.
The New Mexico Poison and Drug Information Center takes numerous calls each year regarding
fentanyl exposure (both prescribed and illicit) in children – according to their data, 22 in the last
three years, probably most or all of them due to exposure to illicit fentanyl. Anecdotal
information from providers of neonatal care at the University of New Mexico appear to affirm
the incidence of prenatal exposure to fentanyl has increased markedly in recent years.
Knowledge a child has been exposed to fentanyl in utero is useful in providing anticipatory
treatment for withdrawal; however, it is possible that defining fentanyl exposure as child abuse
would result in pregnant users not reporting that use to their prenatal or neonatal care providers.
According to the New Mexico Sentencing Commission:
The United States Drug Enforcement Administration has identified fentanyl as the “top
drug threat” in Albuquerque. (See https://www.dea.gov/engage/operation-
engagealbuquerque.) The rapid increase in fentanyl overdoses statewide since 2015
indicates that fentanyl exposure and abuse is a problem statewide, and thus that this bill
may find wide application in the state. (See chart “12 Months Running Totals of
Overdose Deaths by Drug Class, New Mexico 2015-2020 (Provisional)” available at
https://www.anotherwaynm.org/fentanyl-facts.)
The risk of overdose is particularly high in children who are exposed to fentanyl. (See
“Accidental Fentanyl Exposure in Children Can be Fatal” here:
https://www.nps.org.au/news/accidental-fentanyl-exposure-in-children-can-be-fatal.) In
2021, 94 percent of pediatric deaths caused by opioid overdose in the United States were
caused by fentanyl, and the majority of fentanyl poisonings occurred in the child’s own
home. (See “Study Shows How the Nation’s Fentanyl Crisis Affects Kids” here:
https://medicine.yale.edu/news-article/new-study-from-yale-shows-how-the-
nationsfentanyl-crisis-affects-kids/.)
Section 32A-4-3 NMSA 1978 states:
A finding that a pregnant woman is using or abusing drugs made pursuant to an
interview, self-report, clinical observation, or routine toxicology screen shall not alone
form a sufficient basis to report child abuse or neglect to the department pursuant to
Subsection A of this section. A volunteer, contractor or staff of a hospital or freestanding
birthing center shall not make a report based solely on that finding…Nothing in this
subsection shall be construed to prevent a person from reporting to the department a
reasonable suspicion that a child is an abused or neglected child…
However, as noted by AOC, other exposure to fentanyl can now be considered prima facie
evidence of child abuse according to Section 30-6-1-D1 NMSA 1978 if it “[places the child] in a
situation that may endanger the child’s life or health,” whether or not House Bill 136 is passed.
The 2019 legislation creating that language, a response to the federal Comprehensive Addiction
and Recovery Act (CARA), also mandated health providers create plans of care for drug-exposed House Bill 136 – Page 3
newborns. CARA attempts to ensure the safety and well-being of substance-exposed infants by
addressing the treatment needs of the infant and family members or caregivers. Under CARA,
states are required to report the number of substance-exposed infants identified, the number for
whom a plan of safe care was developed, and the number for whom a referral was made for
appropriate services.
As noted by OFRA, “This bill eliminates the discretion of both Judges and CYFD to dispose of
cases where fentanyl was involved but did not endanger the life or health of a child.”
DPS states that it “supports critical changes to New Mexico’s criminal code, particularly the
classification of fentanyl exposure to children as child abuse. During investigations of "drug
houses," DPS often encounters children who are in direct contact with fentanyl, a highly potent
and dangerous substance that can lead to death. By categorizing this exposure as child abuse, the
law would provide greater protection for vulnerable children and enhance efforts to address the
dangers associated with fentanyl.”
CONFLICT, DUPLICATION, COMPANIONSHIP, RELATIONSHIP
It is a duplication of 2024 House Bill 106, with the exception that that bill, which was not
passed, included an appropriation to the Department of Public Safety for enhanced investigation
of suspected child abuse and neglect, including that related to fentanyl.
TECHNICAL ISSUES
The statute states that “exposure to the use of methamphetamine [and now fentanyl would be
added] shall be deemed prima facie evidence of abuse of the child.” It is not clear how
“exposure” is defined.
OFRA and the New Mexico Attorney General both note that “The bill has no enumerated
exception for lawful use of fentanyl, a drug which is commonly used in medical settings and may
be prescribed legally.”
LAC/hj