underscored material = new
[bracketed material] = delete
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
HOUSE BILL 173
57
TH LEGISLATURE
-
STATE
OF
NEW
MEXICO
-
FIRST SESSION
,
2025
INTRODUCED BY
Gail Armstrong
AN ACT
RELATING TO CHILDREN; REQUIRING THE CHILDREN, YOUTH AND
FAMILIES DEPARTMENT TO CONDUCT ASSESSMENTS, PROVIDE SERVICES
AND CONDUCT AN INVESTIGATION UPON A FAILURE TO COMPLY WITH A
PLAN OF CARE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 32A-3A-14 NMSA 1978 (being Laws 2019,
Chapter 190, Section 4) is amended to read:
"32A-3A-14. NOTIFICATION TO THE DEPARTMENT OF
NONCOMPLIANCE WITH A PLAN OF CARE.--
A. If the parents, relatives, guardians or
caretakers of a child released from a hospital or freestanding
birthing center pursuant to a plan of care fail to comply with
that plan, the department shall be notified and the department
[may] shall conduct a family assessment. Based on the results
.229911.1 underscored material = new
[bracketed material] = delete
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
of the family assessment, the department [may ] shall offer or
provide referrals for counseling, training or other services
aimed at addressing the underlying causative factors that may
jeopardize the safety or well-being of the child. The child's
parents, relatives, guardians or caretakers may choose to
accept or decline any service or program offered subsequent to
the family assessment; provided that if the child's parents,
relatives, guardians or caretakers decline those services or
programs, the department [may ] shall proceed with an
investigation.
B. As used in this section, "family assessment"
means a comprehensive assessment prepared by the department at
the time the department receives notification of failure to
comply with the plan of care to determine the needs of a child
and the child's parents, relatives, guardians or caretakers,
including an assessment of the likelihood of:
(1) imminent danger to a child's well-being;
(2) the child becoming an abused child or
neglected child; and
(3) the strengths and needs of the child's
family members, including parents, relatives, guardians or
caretakers, with respect to providing for the health and safety
of the child."
- 2 -
.229911.1