New Mexico 2025 Regular Session

New Mexico House Bill HB173 Compare Versions

Only one version of the bill is available at this time.

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28	28	HOUSE BILL 173
29	29	57
30	30	TH LEGISLATURE
31	31	-
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33	33	STATE
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35	35	OF
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37	37	NEW
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39	39	MEXICO
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42	42	FIRST SESSION
43	43	,
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45	45	2025
46	46	INTRODUCED BY
47	47	Gail Armstrong
48	48	AN ACT
49	49	RELATING TO CHILDREN; REQUIRING THE CHILDREN, YOUTH AND
50	50	FAMILIES DEPARTMENT TO CONDUCT ASSESSMENTS, PROVIDE SERVICES
51	51	AND CONDUCT AN INVESTIGATION UPON A FAILURE TO COMPLY WITH A
52	52	PLAN OF CARE.
53	53	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
54	54	SECTION 1. Section 32A-3A-14 NMSA 1978 (being Laws 2019,
55	55	Chapter 190, Section 4) is amended to read:
56	56	"32A-3A-14. NOTIFICATION TO THE DEPARTMENT OF
57	57	NONCOMPLIANCE WITH A PLAN OF CARE.--
58	58	A. If the parents, relatives, guardians or
59	59	caretakers of a child released from a hospital or freestanding
60	60	birthing center pursuant to a plan of care fail to comply with
61	61	that plan, the department shall be notified and the department
62	62	[may] shall conduct a family assessment. Based on the results
63	63	.229911.1 underscored material = new
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90	90	of the family assessment, the department [may ] shall offer or
91	91	provide referrals for counseling, training or other services
92	92	aimed at addressing the underlying causative factors that may
93	93	jeopardize the safety or well-being of the child. The child's
94	94	parents, relatives, guardians or caretakers may choose to
95	95	accept or decline any service or program offered subsequent to
96	96	the family assessment; provided that if the child's parents,
97	97	relatives, guardians or caretakers decline those services or
98	98	programs, the department [may ] shall proceed with an
99	99	investigation.
100	100	B. As used in this section, "family assessment"
101	101	means a comprehensive assessment prepared by the department at
102	102	the time the department receives notification of failure to
103	103	comply with the plan of care to determine the needs of a child
104	104	and the child's parents, relatives, guardians or caretakers,
105	105	including an assessment of the likelihood of:
106	106	(1) imminent danger to a child's well-being;
107	107	(2) the child becoming an abused child or
108	108	neglected child; and
109	109	(3) the strengths and needs of the child's
110	110	family members, including parents, relatives, guardians or
111	111	caretakers, with respect to providing for the health and safety
112	112	of the child."
113	113	- 2 -
114	114	.229911.1