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HOUSE BILL 205
57
TH LEGISLATURE
-
STATE
OF
NEW
MEXICO
-
FIRST SESSION
,
2025
INTRODUCED BY
Meredith A. Dixon and Gail Armstrong
FOR THE LEGISLATIVE FINANCE COMMITTEE
AN ACT
RELATING TO CHILD WELFARE; CREATING THE SECRETARY OF CHILDREN,
YOUTH AND FAMILIES NOMINATING COMMITTEE; REQUIRING THE
SECRETARY OF CHILDREN, YOUTH AND FAMILIES TO BE SELECTED FROM A
LIST OF QUALIFIED NOMINEES CREATED BY THE NOMINATING COMMITTEE;
MOVING RULEMAKING AUTHORITY FOR THE PLAN OF CARE PROCESS FROM
THE CHILDREN, YOUTH AND FAMILIES DEPARTMENT TO THE HEALTH CARE
AUTHORITY; UPDATING REQUIREMENTS FOR PLANS OF CARE; REQUIRING
THE CHILDREN, YOUTH AND FAMILIES DEPARTMENT TO IMPLEMENT THE
MULTILEVEL RESPONSE SYSTEM STATEWIDE; ENACTING THE FAMILIES
FIRST ACT WITHIN THE CHILDREN'S CODE; REQUIRING THE CHILDREN,
YOUTH AND FAMILIES DEPARTMENT TO DEVELOP AND IMPLEMENT A
STRATEGIC PLAN FOR APPROVAL BY THE FEDERAL ADMINISTRATION FOR
CHILDREN AND FAMILIES; REQUIRING PROVISIONS OF THE STRATEGIC
PLAN TO IDENTIFY AND PROVIDE FOSTER CARE PREVENTION SERVICES
THAT MEET THE REQUIREMENTS OF THE FEDERAL FAMILY FIRST
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PREVENTION SERVICES ACT; PROVIDING FOR CHILDREN, YOUTH AND
FAMILIES DEPARTMENT CONSULTATION WITH THE EARLY CHILDHOOD
EDUCATION AND CARE DEPARTMENT, THE HEALTH CARE AUTHORITY AND
THE DEPARTMENT OF HEALTH; PROVIDING STRATEGIC PLAN
REQUIREMENTS; TRANSFERRING THE SUBSTITUTE CARE ADVISORY COUNCIL
FROM THE REGULATION AND LICENSING DEPARTMENT TO THE
ADMINISTRATIVE OFFICE OF THE COURTS; DEFINING TERMS IN THE
CITIZEN SUBSTITUTE CARE REVIEW ACT; PROVIDING FOR STAFFING OF
THE SUBSTITUTE CARE ADVISORY COUNCIL; ESTABLISHING CRITERIA FOR
CASE REVIEW; PROVIDING FOR RULES PERTAINING TO VOLUNTEER
MEMBERS; PROVIDING ACCESS TO AND REQUIREMENTS FOR
CONFIDENTIALITY OF CERTAIN RECORDS AND INFORMATION; CHANGING
REPORTING REQUIREMENTS; REQUIRING THE SUBSTITUTE CARE ADVISORY
COUNCIL TO PROVIDE THE CHILDREN, YOUTH AND FAMILIES DEPARTMENT
WITH CASE REPORTS; REQUIRING THE CHILDREN, YOUTH AND FAMILIES
DEPARTMENT TO RESPOND TO CASE REPORTS; REQUIRING THE SUBSTITUTE
CARE ADVISORY COUNCIL STAFF AND THE CHILDREN, YOUTH AND
FAMILIES DEPARTMENT TO MEET QUARTERLY; TRANSFERRING EMPLOYEES,
PROPERTY AND CONTRACTUAL OBLIGATIONS; AMENDING, REPEALING AND
ENACTING SECTIONS OF THE NMSA 1978.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 9-2A-3 NMSA 1978 (being Laws 1992,
Chapter 57, Section 3) is amended to read:
"9-2A-3. DEFINITIONS.--As used in the Children, Youth and
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Families Department Act:
A. "department" means the children, youth and
families department; [and ]
B. "nominating committee" means the secretary of
children, youth and families nominating committee; and
[B.] C. "secretary" means the secretary of
children, youth and families."
SECTION 2. Section 9-2A-6 NMSA 1978 (being Laws 1992,
Chapter 57, Section 6) is amended to read:
"9-2A-6. SECRETARY OF CHILDREN, YOUTH AND FAMILIES--
APPOINTMENT.--
A. The chief executive and administrative officer
of the department is the "secretary of children, youth and
families". The secretary shall be appointed by the governor
with the consent of the senate and shall be selected from a
list of qualified nominees submitted to the governor by the
nominating committee. The secretary shall hold office at the
pleasure of the governor and shall serve in the executive
cabinet.
B. An appointed secretary shall serve and have all
the duties, responsibilities and authority of that office
during the period of time prior to final action by the senate
confirming or rejecting [his ] the appointment."
SECTION 3. A new section of the Children, Youth and
Families Department Act, Section 9-2A-6.1 NMSA 1978, is enacted
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to read:
"9-2A-6.1. [NEW MATERIAL ] SECRETARY OF CHILDREN, YOUTH
AND FAMILIES NOMINATING COMMITTEE.--
A. The "secretary of children, youth and families
nominating committee" is created and consists of nine members
who are:
(1) knowledgeable about child welfare;
(2) not recipients of contracts or other forms
of compensation from the department;
(3) not applicants or nominees for the
secretary position; and
(4) appointed as follows:
(a) six members appointed one each by
the speaker of the house of representatives, the majority floor
leader of the house of representatives, the minority floor
leader of the house of representatives, the president pro
tempore of the senate, the majority floor leader of the senate
and the minority floor leader of the senate;
(b) two members appointed by the
governor; and
(c) one member appointed by the chief
justice of the supreme court.
B. A nominating committee member shall:
(1) be a resident of New Mexico;
(2) serve a four-year term; and
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(3) serve without compensation, but shall be
reimbursed for expenses incurred in pursuit of the member's
duties on the nominating committee pursuant to the Per Diem and
Mileage Act.
C. The nominating committee and individual members
shall be subject to the Governmental Conduct Act, the
Inspection of Public Records Act, the Financial Disclosure Act
and the Open Meetings Act.
D. Administrative support shall be provided to the
nominating committee by the staff of the department.
E. Initial appointments to the nominating committee
shall be made by the appointing authorities prior to July 1,
2026. Subsequent appointments shall be made no later than
thirty days before the end of a term.
F. The first meeting of the appointed members of
the nominating committee shall be held prior to September 1,
2026. The nominating committee shall select one member to be
chair and one member to be secretary of the nominating
committee. Following the first meeting, the nominating
committee shall meet as often as necessary in order to submit a
list to the governor of no fewer than five qualified nominees
for appointment as the secretary for the terms beginning
January 1, 2027. The list shall be developed to provide
geographical diversity, and nominees on the list shall be from
at least three different counties of the state.
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G. Subsequent to January 1, 2027, the nominating
committee shall meet at least ninety days prior to the date on
which the term of the secretary ends and as often as necessary
thereafter in order to submit a list to the governor, at least
thirty days prior to the beginning of the new term, of no fewer
than two qualified nominees from diverse geographical areas of
the state for appointment as secretary.
H. Upon the occurrence of a vacancy of the
secretary position, the nominating committee shall meet within
thirty days of the date of the beginning of the vacancy and as
often as necessary thereafter in order to submit a list to the
governor, within sixty days of the first meeting after the
vacancy occurs, of no fewer than two qualified nominees from
diverse geographical areas of the state for appointment as
secretary.
I. If a position on the nominating committee
becomes vacant during a term, a successor shall be selected in
the same manner as the original appointment for that position
and shall serve for the remainder of the term of the position
vacated.
J. The nominating committee shall actively solicit,
accept and evaluate applications and may require an applicant
to submit any information the nominating committee deems
relevant to the consideration of the individual's application.
K. A majority vote of all members of the nominating
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committee in favor of a person is required for that person to
be included on the list of qualified nominees submitted to the
governor."
SECTION 4. Section 9-2A-8 NMSA 1978 (being Laws 1992,
Chapter 57, Section 8, as amended) is amended to read:
"9-2A-8. DEPARTMENT--ADDITIONAL DUTIES.--In addition to
other duties provided by law or assigned to the department by
the governor, the department shall:
A. develop priorities for department services and
resources based on state policy and national best-practice
standards and local considerations and priorities;
B. strengthen collaboration and coordination in
state and local services for children, youth and families by
integrating critical functions as appropriate, including
service delivery, and contracting for services across divisions
and related agencies;
C. develop and maintain a statewide database,
including client tracking of services for children, youth and
families;
D. develop standards of service within the
department that focus on prevention, monitoring and outcomes;
E. analyze policies of other departments that
affect children, youth and families to encourage common
contracting procedures, common service definitions and a
uniform system of access;
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F. enact [regulations ] rules to control disposition
and placement of children under the Children's Code, including
[regulations] rules to limit or prohibit the out-of-state
placement of children, including those who have developmental
disabilities or emotional, neurobiological or behavioral
disorders, when in-state alternatives are available;
G. develop reimbursement criteria for licensed
child care centers and licensed home providers establishing
that accreditation by a department-approved national
accrediting body is sufficient qualification for the child care
center or home provider to receive the highest reimbursement
rate paid by the department;
H. assume and implement responsibility for
children's mental health and substance abuse services in the
state, coordinating with the [human services department ] health
care authority and the department of health;
I. assume and implement the lead responsibility
among all departments for domestic violence services;
J. implement prevention and early intervention as a
departmental focus;
K. conduct biennial assessments of service gaps and
needs and establish outcome measurements to address those
service gaps and needs, including recommendations from the
governor's children's cabinet and the children, youth and
families advisory committee;
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L. ensure that behavioral health services provided,
including mental health and substance abuse services for
children, adolescents and their families, shall be in
compliance with requirements of Section [9-7-6.4 ] 24A-3-1 NMSA
1978 and any rules adopted pursuant to that section ; [and]
M. develop and implement the families first
strategic plan for the delivery of services and access to
programs as required pursuant to the Families First Act; and
[M.] N. fingerprint and conduct nationwide criminal
history record searches on all department employees, staff
members and volunteers whose jobs involve direct contact with
department clients, including prospective employees and
employees who are promoted, transferred or hired into new
positions, and the superiors of all department employees, staff
members and volunteers who have direct unsupervised contact
with department clients."
SECTION 5. Section 32A-1-4 NMSA 1978 (being Laws 1993,
Chapter 77, Section 13, as amended) is amended to read:
"32A-1-4. DEFINITIONS.--As used in the Children's Code:
A. "active efforts" means efforts that are
affirmative, active, thorough and timely and that represent a
higher standard of conduct than reasonable efforts;
B. "adult" means a person who is eighteen years of
age or older;
C. "child" means a person who is less than eighteen
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years old;
D. "council" means the substitute care advisory
council established pursuant to Section 32A-8-4 NMSA 1978;
E. "court", when used without further
qualification, means the children's court division of the
district court and includes the judge, special master or
commissioner appointed pursuant to the provisions of the
Children's Code or supreme court rule;
F. "court-appointed special advocate" means a
person appointed pursuant to the provisions of the Children's
Court Rules to assist the court in determining the best
interests of the child by investigating the case and submitting
a report to the court;
G. "custodian" means an adult with whom the child
lives who is not a parent or guardian of the child;
H. "department" means the children, youth and
families department, unless otherwise specified;
I. "disproportionate minority contact" means the
involvement of a racial or ethnic group with the criminal or
juvenile justice system at a proportion either higher or lower
than that group's proportion in the general population;
J. "federal Indian Child Welfare Act of 1978" means
the federal Indian Child Welfare Act of 1978, as that act may
be amended or its sections renumbered;
K. "foster parent" means a person, including a
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relative of the child, licensed or certified by the department
or a child placement agency to provide care for children in the
custody of the department or agency;
L. "guardian" means a person appointed as a
guardian by a court or Indian tribal authority or a person
authorized to care for the child by a parental power of
attorney as permitted by law ;
M. "guardian ad litem" means an attorney appointed
by the children's court to represent and protect the best
interests of the child in a case; provided that no party or
employee or representative of a party to the case shall be
appointed to serve as a guardian ad litem;
N. "Indian" means, whether an adult or child, a
person who is:
(1) a member of an Indian tribe; or
(2) eligible for membership in an Indian
tribe;
O. "Indian child" means an Indian person, or a
person whom there is reason to know is an Indian person, under
eighteen years of age, who is neither:
(1) married; or
(2) emancipated;
P. "Indian child's tribe" means:
(1) the Indian tribe in which an Indian child
is a member or eligible for membership; or
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(2) in the case of an Indian child who is a
member or eligible for membership in more than one tribe, the
Indian tribe with which the Indian child has more significant
contacts;
Q. "Indian custodian" means an Indian who, pursuant
to tribal law or custom or pursuant to state law:
(1) is an adult with legal custody of an
Indian child; or
(2) has been transferred temporary physical
care, custody and control by the parent of the Indian child;
R. "Indian tribe" means an Indian nation, tribe,
pueblo or other band, organized group or community of Indians
recognized as eligible for the services provided to Indians by
the secretary because of their status as Indians, including an
Alaska native village as defined in 43 U.S.C. Section 1602(c)
or a regional corporation as defined in 43 U.S.C. Section 1606.
For the purposes of notification to and communication with a
tribe as required in the Indian Family Protection Act, "Indian
tribe" also includes those tribal officials and staff who are
responsible for child welfare and social services matters;
S. "judge", when used without further
qualification, means the judge of the court;
T. "legal custody" means a legal status created by
order of the court or other court of competent jurisdiction or
by operation of statute that vests in a person, department or
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agency the right to determine where and with whom a child shall
live; the right and duty to protect, train and discipline the
child and to provide the child with food, shelter, personal
care, education and ordinary and emergency medical care; the
right to consent to major medical, psychiatric, psychological
and surgical treatment and to the administration of legally
prescribed psychotropic medications pursuant to the Children's
Mental Health and Developmental Disabilities Act; and the right
to consent to the child's enlistment in the armed forces of the
United States;
U. "member" or "membership" means a determination
made by an Indian tribe that a person is a member of or
eligible for membership in that Indian tribe;
V. "parent" or "parents" means a biological or
adoptive parent if the biological or adoptive parent has a
constitutionally protected liberty interest in the care and
custody of the child or a person who has lawfully adopted an
Indian child pursuant to state law or tribal law or tribal
custom;
W. "permanency plan" means a determination by the
court that the child's interest will be served best by:
(1) reunification;
(2) placement for adoption after the parents'
rights have been relinquished or terminated or after a motion
has been filed to terminate parental rights;
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(3) placement with a person who will be the
child's permanent guardian;
(4) placement in the legal custody of the
department with the child placed in the home of a fit and
willing relative; or
(5) placement in the legal custody of the
department under a planned permanent living arrangement;
X. "person" means an individual or any other form
of entity recognized by law;
Y. "plan of care" means a plan created by a health
care professional intended to ensure the safety and well-being
of a substance-exposed newborn, or to provide prenatal support
to a pregnant person dealing with substance use disorder , by
addressing the treatment needs of the child and any of the
child's parents, relatives, guardians, family members or
caregivers to the extent those treatment needs are relevant to
the safety of the child;
Z. "preadoptive parent" means a person with whom a
child has been placed for adoption;
AA. "protective supervision" means the right to
visit the child in the home where the child is residing,
inspect the home, transport the child to court-ordered
diagnostic examinations and evaluations and obtain information
and records concerning the child;
BB. "relative" means a person related to another
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person:
(1) by blood within the fifth degree of
consanguinity or through marriage by the fifth degree of
affinity; or
(2) with respect to an Indian child, as
established or defined by the Indian child's tribe's custom or
law;
CC. "reservation" means:
(1) "Indian country" as defined in 18 U.S.C.
Section 1151;
(2) any lands to which the title is held by
the United States in trust for the benefit of an Indian tribe
or individual; or
(3) any lands held by an Indian tribe or
individual subject to a restriction by the United States
against alienation;
DD. "reunification" means either a return of the
child to the parent or to the home from which the child was
removed or a return to the noncustodial parent;
EE. "secretary" means the United States secretary
of the interior;
FF. "tribal court" means a court with jurisdiction
over child custody proceedings that is either a court of Indian
offenses, a court established and operated under the law or
custom of an Indian tribe or any other administrative body that
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is vested by an Indian tribe with authority over child custody
proceedings;
GG. "tribal court order" means a document issued by
a tribal court that is signed by an appropriate authority,
including a judge, governor or tribal council member, and that
orders an action that is within the tribal court's
jurisdiction; and
HH. "tribunal" means any judicial forum other than
the court."
SECTION 6. Section 32A-3A-13 NMSA 1978 (being Laws 2019,
Chapter 190, Section 3) is amended to read:
"32A-3A-13. PLAN OF CARE--GUIDELINES--CREATION--DATA
SHARING--TRAINING.--
A. By January 1, 2020, the [department ] health care
authority, in consultation with medicaid managed care
organizations, private insurers, the office of superintendent
of insurance, the [human services ] children, youth and families
department and the department of health, shall develop rules to
guide hospitals, birthing centers, medical providers, medicaid
managed care organizations and private insurers in the care of
newborns who exhibit physical, neurological or behavioral
symptoms consistent with prenatal drug exposure, withdrawal
symptoms from prenatal drug exposure or fetal alcohol spectrum
disorder.
B. Rules shall include guidelines to hospitals,
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birthing centers, medical providers, medicaid managed care
organizations and private insurers regarding:
(1) participation in the [discharge planning ]
plan of care development process, [including] which may occur
at a prenatal medical visit and shall occur prior to a
substance-exposed child's discharge from a hospital. The plan
of care development process shall allow for the creation of a
written plan of care that shall be sent to:
(a) the child's primary care physician;
(b) a medicaid managed care organization
insurance plan care coordinator who will monitor the
implementation of the plan of care after [discharge ] the plan
of care is created, if the child is insured, or to a care
coordinator [in the children's medical services of the family
health bureau of the public health division of the department
of health] that the authority has contracted with who will
monitor the implementation of the plan of care after
[discharge] the plan of care is created , if the child is
uninsured. The health care authority shall ensure that there
is at least one care coordinator available in each birthing
hospital in the state at all times and shall contract with care
coordinators to ensure that uninsured substance-exposed
children receive care coordination ; and
(c) the child's parent, relative,
guardian or caretaker who is present at discharge who shall
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receive a copy upon discharge. The plan of care shall be
signed by an appropriate representative of the discharging
hospital and the child's parent, relative, guardian or
caretaker who is present at discharge;
(2) definitions and evidence-based screening
tools, based on standards of professional practice, to be used
by health care providers to identify a child born affected by
substance use or withdrawal symptoms resulting from prenatal
drug exposure or a fetal alcohol spectrum disorder. The rules
shall include a requirement that all hospitals, birthing
centers and prenatal care providers use the screening, brief
intervention and referral to treatment program at all prenatal
medical visits and live births ;
(3) collection and reporting of data to meet
federal and state reporting requirements, including the
following:
(a) by hospitals and birthing centers to
the department when: 1) a plan of care has been developed; and
2) a family has been referred for a plan of care;
(b) information pertaining to a child
born and diagnosed by a health care professional as affected by
substance abuse, withdrawal symptoms resulting from prenatal
drug exposure or a fetal alcohol spectrum disorder; and
(c) data collected by hospitals and
birthing centers for use by the children's medical services of
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the family health bureau of the public health division of the
department of health in epidemiological reports and to support
and monitor a plan of care. Information reported pursuant to
this subparagraph shall be coordinated with communication to
insurance carrier care coordinators to facilitate access to
services for children and parents, relatives, guardians or
caregivers identified in a plan of care;
(4) identification of appropriate agencies to
be included as supports and services in the plan of care, based
on an assessment of the needs of the child and the child's
relatives, parents, guardians or caretakers, performed by a
discharge planner prior to the child's discharge from the
hospital or birthing center, which: [may include
(a) public health agencies;
(b) maternal and child health agencies;
(c) home visitation programs;
(d) substance use disorder prevention
and treatment providers;
(e) mental health providers;
(f) public and private children and
youth agencies;
(g) early intervention and developmental
services;
(h) courts;
(i) local education agencies;
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(j) managed care organizations; or
(k) hospitals and medical providers;
and]
(a) shall include: 1) home visitation
programs; and 2) substance use disorder prevention and
treatment providers; and
(b) may include: 1) public health
agencies; 2) maternal and child health agencies; 3) mental
health providers; 4) infant mental health providers; 5) public
and private children and youth agencies; 6) early intervention
and developmental services; 7) courts; 8) local education
agencies; 9) managed care organizations; or 10) hospitals and
medical providers;
(5) engagement of the child's relatives,
parents, guardians or caretakers in order to identify the need
for access to treatment for any substance use disorder or other
physical or behavioral health condition that may impact the
safety, early childhood development and well-being of the
child; and
(6) implementation of plans of care that shall
include:
(a) requirements for care coordinators
to actively work with pregnant persons or a substance-exposed
child's parents, relatives, guardians, family members or
caregivers to refer and connect the pregnant person or
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substance-exposed child's parents, relatives, guardians, family
members or caregivers to necessary services. Care coordinators
shall use an evidence-based intensive care coordination model
that is listed in the federal Title IV-E prevention services
clearinghouse or another nationally recognized evidence-based
clearinghouse for child welfare; and
(b) if a pregnant person or a substance-
exposed child's parents, relatives, guardians, family members
or caregivers are not following the plan of care, requirements
that care coordinators make attempts to contact and provide
support services to persons who are not following the plan of
care. Care coordinators shall attempt to make contact with
persons who are not following the plan of care in person, by
mail, by phone call and by text message.
C. Reports made pursuant to Paragraph (3) of
Subsection B of this section shall be collected by the
department as distinct and separate from any child abuse report
as captured and held or investigated by the department, such
that the reporting of a plan of care shall not constitute a
report of suspected child abuse and neglect and shall not
initiate investigation by the department or a report to law
enforcement.
D. The department shall summarize and report data
received pursuant to Paragraph (3) of Subsection B of this
section at intervals as needed to meet federal regulations.
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E. The [children's medical services of the family
health bureau of the public health division of the department
of health shall collect and record data reported pursuant to
Subparagraph (c) of Paragraph (3) of Subsection B of this
section to support and monitor care coordination of plans of
care for children born without insurance ] health care authority
shall provide an annual report to the legislative finance
committee, the interim legislative health and human services
committee and the department of finance and administration on
the status of the plan of care system. The report shall
include the following aggregate statistical information related
to the creation of plans of care:
(1) the primary substances that infants were
exposed to;
(2) the services that infants and families
were referred to;
(3) the uptake rate of services;
(4) whether an infant or an infant's family
was subsequently reported to the children, youth and families
department; and
(5) demographic and geographic data .
F. Reports made pursuant to the requirements in
this section shall not be construed to relieve a person of the
requirement to report to the department knowledge of or a
reasonable suspicion that a child is an abused or neglected
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child based on criteria as defined by Section 32A-4-2 NMSA
1978.
G. The department and the health care authority
shall work in consultation with the department of health to
create and distribute training materials to support and educate
discharge planners or social workers on the following:
(1) how to assess whether to make a referral
to the department pursuant to the Abuse and Neglect Act;
(2) how to assess whether to make a
notification to the department pursuant to Subsection B of
Section 32A-4-3 NMSA 1978 for a child who has been diagnosed as
affected by substance abuse, withdrawal symptoms resulting from
prenatal drug exposure or a fetal alcohol spectrum disorder;
(3) how to assess whether to create a plan of
care when a referral to the department is not required; and
(4) the creation and deployment of a plan of
care.
H. [No] A person shall not have a cause of action
for any loss or damage caused by any act or omission resulting
from the implementation of the provisions of Subsection G of
this section or resulting from any training, or lack thereof,
required by Subsection G of this section.
I. The training, or lack thereof, required by the
provisions of Subsection G of this section shall not be
construed to impose any specific duty of care."
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SECTION 7. 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 health care authority, a medicaid managed care
organization insurance plan care coordinator or a care
coordinator contracted with the health care authority shall
notify the department [shall be notified ] and the department
[may] shall conduct a family assessment. Based on the results
of the family assessment, the department may 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, and
the department [may] determines that those services or programs
are necessary to address the concerns of potential imminent
harm to the child, the department shall proceed with an
investigation.
B. As used in this section, "family assessment"
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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."
SECTION 8. Section 32A-4-3 NMSA 1978 (being Laws 1993,
Chapter 77, Section 97, as amended) is amended to read:
"32A-4-3. DUTY TO REPORT CHILD ABUSE AND CHILD NEGLECT--
RESPONSIBILITY TO INVESTIGATE CHILD ABUSE OR NEGLECT--PENALTY--
NOTIFICATION OF PLAN OF CARE.--
A. Every person, including a licensed physician; a
resident or an intern examining, attending or treating a child;
a law enforcement officer; a judge presiding during a
proceeding; a registered nurse; a visiting nurse; a school
employee; a social worker acting in an official capacity; or a
member of the clergy who has information that is not privileged
as a matter of law, who knows or has a reasonable suspicion
that a child is an abused or a neglected child shall report the
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matter immediately to:
(1) a local law enforcement agency;
(2) the department; or
(3) a tribal law enforcement or social
services agency for any Indian child residing in Indian
country.
B. A law enforcement agency receiving the report
shall immediately transmit the facts of the report and the
name, address and phone number of the reporter by telephone to
the department and shall transmit the same information in
writing within forty-eight hours. The department shall
immediately transmit the facts of the report and the name,
address and phone number of the reporter by telephone to a
local law enforcement agency and shall transmit the same
information in writing within forty-eight hours. The written
report shall contain the names and addresses of the child and
the child's parents, guardian or custodian, the child's age,
the nature and extent of the child's injuries, including any
evidence of previous injuries, and other information that the
maker of the report believes might be helpful in establishing
the cause of the injuries and the identity of the person
responsible for the injuries. The written report shall be
submitted upon a standardized form agreed to by the law
enforcement agency and the department.
C. The recipient of a report under Subsection A of
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this section shall take immediate steps to ensure prompt
investigation of the report. The investigation shall ensure
that immediate steps are taken to protect the health or welfare
of the alleged abused or neglected child, as well as that of
any other child under the same care who may be in danger of
abuse or neglect. A local law enforcement officer trained in
the investigation of child abuse and neglect is responsible for
investigating reports of alleged child abuse or neglect at
schools, daycare facilities or child care facilities.
D. If the child alleged to be abused or neglected
is in the care or control of or in a facility administratively
connected to the department, the report shall be investigated
by a local law enforcement officer trained in the investigation
of child abuse and neglect. The investigation shall ensure
that immediate steps are taken to protect the health or welfare
of the alleged abused or neglected child, as well as that of
any other child under the same care who may be in danger of
abuse or neglect.
E. A law enforcement agency or the department shall
have access to any of the records pertaining to a child abuse
or neglect case maintained by any of the persons enumerated in
Subsection A of this section, except as otherwise provided in
the Abuse and Neglect Act.
F. A person who violates the provisions of
Subsection A of this section is guilty of a misdemeanor and
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shall be sentenced pursuant to the provisions of Section
31-19-1 NMSA 1978.
G. 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 and shall make a notification pursuant to Subsection H
of this section. 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 based on other criteria as defined by Section 32A-4-2
NMSA 1978, or a combination of criteria that includes a finding
pursuant to this subsection.
H. A volunteer, contractor or staff of a hospital,
[or] freestanding birthing center or clinic that provides
prenatal care shall:
(1) complete a written plan of care for a
substance-exposed newborn or a pregnant person who agrees to
creating a plan of care , as provided for by department rule and
the Children's Code; and
(2) provide notification to the department and
the health care authority . Notification by a health care
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provider pursuant to this paragraph shall not be construed as a
report of child abuse or neglect.
I. As used in this section, "notification" means
informing the department and the health care authority that a
substance-exposed newborn was born and providing a copy of the
plan of care that was created for the child; provided that
notification shall comply with federal guidelines and shall not
constitute a report of child abuse or neglect.
J. As used in this section, "school employee"
includes employees of a school district or a public school."
SECTION 9. Section 32A-4-4.1 NMSA 1978 (being Laws 2019,
Chapter 137, Section 2) is amended to read:
"32A-4-4.1. MULTILEVEL RESPONSE SYSTEM.--
A. The department shall establish a multilevel
response system to evaluate and provide services to a child or
the family, relatives, caretakers or guardians of a child with
respect to whom a report alleging neglect or abuse has been
made. The multilevel response system may include an
alternative to investigation upon completion of an evaluation
that may be completed at intake by the department, the results
of which indicate that there is no immediate concern for the
child's safety; provided, however, that an investigation shall
be conducted for any report:
(1) alleging sexual abuse of a child or
serious or imminent harm to a child;
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(2) indicating a child fatality;
(3) requiring law enforcement involvement, as
identified pursuant to rules promulgated by the department; or
(4) requiring a specialized assessment or a
traditional investigative approach, as determined pursuant to
rules promulgated by the department.
B. The department may remove a case from the
multilevel response system and conduct an investigation if
imminent danger of serious harm to the child becomes evident.
The department may reassign a case from investigation to the
multilevel response system at the discretion of the department.
C. For each family, including the child who is the
subject of a report to the department and that child's
relatives, caretakers or guardians, that receives services
under the multilevel response system, the department shall
conduct a family assessment. Based on the results of the
family assessment, the department may offer or provide
referrals for counseling, training or other services aimed at
addressing the underlying causative factors jeopardizing the
safety or well-being of the child who is the subject of a
report to the department. A family member, relative, caretaker
or guardian may choose to accept or decline any services or
programs offered under the multilevel response system;
provided, however, that if a family member, relative, caretaker
or guardian declines services, the department may choose to
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proceed with an investigation.
D. The department shall employ licensed social
workers to provide services to families, relatives, caretakers
or guardians participating in the multilevel response system to
the extent that licensed social workers are available for
employment.
[E. The department may pilot the multilevel
response system prior to statewide implementation.
F. The department may limit implementation of the
multilevel response system to areas of the state where
appropriate services are available and operate the system
within available state and federal resources.
G.] E. The department shall:
(1) provide an annual report of system
implementation and outcomes to the legislative finance
committee, the interim legislative health and human services
committee, the interim committee that studies courts,
corrections and justice and the department of finance and
administration as part of the department's budget submission;
(2) arrange for an independent evaluation of
the multilevel response system, including examining outcomes
for child safety and well-being and cost-effectiveness;
(3) incorporate the multilevel response system
into the department's quality assurance review process;
(4) develop performance measures, as provided
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in the Accountability in Government Act, for the multilevel
response system; and
(5) implement the multilevel response system
statewide no later than July 1, [2022, if the department pilots
or otherwise geographically limits the multilevel response
system, submit a plan to the legislative finance committee and
the department of finance and administration setting forth how
the system could be expanded statewide, including a plan to
address service availability, and identifying costs that would
be incurred by the department ] 2027.
[H.] F. The department shall promulgate rules to
implement the provisions of this section.
[I.] G. As used in this section, "family
assessment" means a comprehensive, evidence-based assessment
tool used by the department to determine the needs of a child
and the child's family, relatives, caretakers or guardians at
the time the department receives a report of child abuse and
neglect, including an assessment of the likelihood of:
(1) imminent danger to a child's well-being;
(2) the child becoming an abused child or a
neglected child; and
(3) the strengths and needs of the child's
family members, relatives, caretakers or guardians with respect
to providing for the health and safety of the child."
SECTION 10. A new section of the Children's Code is
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enacted to read:
"[NEW MATERIAL] SHORT TITLE.--Sections 10 through 13 of
this act may be cited as the "Families First Act"."
SECTION 11. A new section of the Children's Code is
enacted to read:
"[NEW MATERIAL] DEFINITIONS.--As used in the Families
First Act:
A. "families first services" means foster care
prevention services categorized pursuant to the federal Title
IV-E prevention services clearinghouse as well-supported,
supported or promising that are included in the families first
strategic plan implemented pursuant to the Families First Act
and are provided by the department through the implementation
of that strategic plan; and
B. "families first strategic plan" means the plan
required pursuant to the Families First Act that is developed
and implemented by the department in accordance with the
regulations and requirements set forth in the federal Family
First Prevention Services Act."
SECTION 12. A new section of the Children's Code is
enacted to read:
"[NEW MATERIAL] FAMILIES FIRST STRATEGIC PLAN--DEPARTMENT
DUTIES--FAMILIES FIRST SERVICES--TIME LINE--IMPLEMENTATION.--
A. In consultation with the early childhood
education and care department, the health care authority and
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the department of health, the department shall develop and
implement the families first strategic plan. In developing the
families first strategic plan, the department shall:
(1) ensure that provisions of the families
first strategic plan align with and meet the requirements set
forth in the federal Family First Prevention Services Act; and
(2) maximize resources from the federal
government under Title IV-E that are available to the
department to provide families first services.
B. The families first strategic plan required
pursuant to Subsection A of this section shall:
(1) include a comprehensive description of the
department's responsibilities and duties for providing families
first services;
(2) include a comprehensive and detailed list
of each of the families first services the department will
provide to eligible persons and affirm that each service to be
provided:
(a) is eligible for reimbursement
pursuant to the federal Family First Prevention Services Act;
and
(b) is rated as promising, supported or
well-supported in accordance with the Title IV-E prevention
services clearinghouse;
(3) identify all network services providers,
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including other state agencies, that the department will use
for providing families first services. If services are
provided by another state agency, the department, together with
the other state agency, shall establish safety monitoring
protocols for direct monitoring of the services provided by
that agency and, for each provider used by the department, list
the specific families first service that the network services
provider will provide, including:
(a) mental health or substance abuse
prevention and treatment;
(b) in-home parent skill-based programs;
(c) kinship navigator programs; or
(d) any other programs or services that
are eligible or become eligible for reimbursement pursuant to
the federal Family First Prevention Services Act;
(4) identify and define the population of
eligible persons who may receive families first services and
include, at a minimum:
(a) a child who is a candidate for
foster care but who can remain safely at home with the
provision of evidence-based services;
(b) a parent, guardian or caregiver of a
child at risk of entering foster care;
(c) a pregnant or parenting youth in
foster care; and
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(d) other eligible persons identified by
the department;
(5) identify processes and procedures to be
established and followed by the department to determine
eligibility for any families first service;
(6) identify processes and procedures to be
established and followed by the department to maximize federal
reimbursements, funding and resources available to the
department to provide families first services;
(7) identify the process that the department
will use to monitor and oversee the safety of children who
receive families first services and programs, as required by
the federal Family First Prevention Services Act;
(8) establish appropriate metrics the
department will use to determine and evaluate outcomes from the
department's providing of families first services pursuant to
the Families First Act, including outcomes related specifically
to subsequent substantiated reports of maltreatment and the
numbers of children entering foster care;
(9) establish an appropriate time line and
strategy for providing families first services statewide. The
time line shall include the following:
(a) no later than June 30, 2027, the
department shall provide families first services through a
pilot program that is designed for implementation considering
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factors such as county population density and rates of child
maltreatment and repeat maltreatment; and
(b) no later than June 30, 2032, the
department shall provide statewide implementation of families
first services rolled out in a manner consistent with the best
practices derived from the evaluation of the observation,
experiences and discernible outcomes of the pilot program;
(10) provide a detailed description of how the
department will continuously monitor the families first
strategic plan, from development of the plan through the pilot
program phase and to statewide implementation. Included in
that description shall be how the department will monitor key
factors likely to best ensure fidelity to the service model
developed within the families first strategic plan; and
(11) establish the appropriate information to
include in an annual report to be provided by the department to
the legislative finance committee, the interim legislative
health and human services committee and the governor. At a
minimum, the annual report shall include the following
information:
(a) an up-to-date inventory of all
families first services available;
(b) data, without inclusion of personal
identifier information, regarding the uptake and program
completion among eligible individuals of families first
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services, including the area of the state in which the services
were accessed;
(c) performance results regarding
identified outcome measures, to include aggregate data about
child participant placement status at the beginning of services
and one year after services and whether the child entered
foster care within two years after being determined a candidate
for foster care and receiving families first services; and
(d) fiscal information regarding program
and service expenditures and disaggregating state and federal
revenue sources.
C. For the purposes of this subsection, "approving
authority" means the federal administration for children and
families. The department shall:
(1) no later than August 1, 2025, finalize the
provisions of the families first strategic plan, post the plan
to the department's website and provide a copy of the plan to
the legislative finance committee, the interim legislative
health and human services committee and the governor;
(2) no later than September 1, 2025:
(a) submit the families first strategic
plan to the approving authority for approval; and
(b) begin providing families first
services pursuant to the provisions of the Families First Act;
(3) if a submitted strategic plan is not
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approved and the approving authority indicates that to secure
an approval, the strategic plan must be revised, as soon as
practicable:
(a) revise the families first strategic
plan in accordance with the revisions required by the approving
authority; and
(b) submit the revised strategic plan to
the approving authority; and
(4) include in the department's reports
required pursuant to the Families First Act the status of each
families first strategic plan submitted to the approving
authority for approval, including any specific revisions
required, the dates of submissions and the dates of approval or
nonapproval by the approving authority for each submitted
strategic plan and any other relevant information related to
the status of a families first strategic plan submitted to the
approving authority by the department.
D. No later than July 1, 2026, and by each July 1
thereafter, the department shall post the annual report as
established in the families first strategic plan pursuant to
the Families First Act to the department's website, and the
department shall submit the annual report to the legislative
finance committee, the interim legislative health and human
services committee and the governor."
SECTION 13. A new section of the Children's Code is
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enacted to read:
"[NEW MATERIAL] RULES.--By August 1, 2027, the department
shall promulgate and adopt rules as necessary to carry out the
provisions of the Families First Act."
SECTION 14. Section 32A-4-21 NMSA 1978 (being Laws 1993,
Chapter 77, Section 115, as amended) is amended to read:
"32A-4-21. NEGLECT OR ABUSE PREDISPOSITION STUDIES,
REPORTS AND EXAMINATIONS--SUPPORT SERVICES .--
A. Prior to holding a dispositional hearing, the
court shall direct that a predisposition study and report be
submitted in writing to the court by the department.
B. The predisposition study required pursuant to
Subsection A of this section shall contain the following
information:
(1) a statement of the specific reasons for
intervention by the department or for placing the child in the
department's custody and a statement of the parent's ability to
care for the child in the parent's home without causing harm to
the child;
(2) a statement of how an intervention plan is
designed to achieve placement of the child in the least
restrictive setting available, consistent with the best
interests and special needs of the child, including a statement
of the likely harm the child may suffer as a result of being
removed from the parent's home, including emotional harm that
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may result due to separation from the child's parents, and a
statement of how the intervention plan is designed to place the
child in close proximity to the parent's home without causing
harm to the child due to separation from parents, siblings or
any other person who may significantly affect the child's best
interest;
(3) the wishes of the child as to the child's
custodian;
(4) a statement of the efforts the department
has made to identify and locate all grandparents and other
relatives and to conduct home studies on any appropriate
relative expressing an interest in providing care for the
child, and a statement as to whether the child has a family
member who, subsequent to study by the department, is
determined to be qualified to care for the child;
(5) a description of services offered to the
child, the child's family and the child's foster care family,
which, if appropriate and available, may include families first
services provided pursuant to the Families First Act, as well
as referrals to income support or other services or programs ,
and a summary of reasonable efforts made to prevent removal of
the child from the child's family or reasonable efforts made to
reunite the child with the child's family;
(6) a description of the home or facility in
which the child is placed and the appropriateness of the
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child's placement;
(7) the results of any diagnostic examination
or evaluation ordered at the custody hearing;
(8) a statement of the child's medical and
educational background;
(9) a case plan that sets forth steps to
ensure that the child's physical, medical, cultural,
psychological and educational needs are met and that sets forth
services to be provided to the child and the child's parents to
facilitate permanent placement of the child in the parent's
home;
(10) for children sixteen years of age and
older, a plan for developing the specific skills the child
requires for successful transition into independent living as
an adult, regardless of whether the child is returned to the
child's parent's home;
(11) a case plan that sets forth steps to
ensure that the child's educational needs are met and, for a
child fourteen years of age or older, a case plan that
specifically sets forth the child's educational and post-
secondary goals; and
(12) a description of the child's foster care
placement and whether it is appropriate in terms of the
educational setting and proximity to the school the child was
enrolled in at the time of the placement, including plans for
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travel for the child to remain in the school in which the child
was enrolled at the time of placement, if reasonable and in the
child's best interest.
C. A copy of the predisposition report shall be
provided by the department to counsel for all parties five days
before the dispositional hearing.
D. If the child is an adjudicated abused child, any
temporary custody orders shall remain in effect until the court
has received and considered the predispositional study at the
dispositional hearing."
SECTION 15. Section 32A-4-33 NMSA 1978 (being Laws 1993,
Chapter 77, Section 127, as amended) is amended to read:
"32A-4-33. CONFIDENTIALITY--RECORDS--PENALTY.--
A. All records or information concerning a party to
a neglect or abuse proceeding, including social records,
diagnostic evaluations, psychiatric or psychological reports,
videotapes, transcripts and audio recordings of a child's
statement of abuse or medical reports incident to or obtained
as a result of a neglect or abuse proceeding or that were
produced or obtained during an investigation in anticipation of
or incident to a neglect or abuse proceeding shall be
confidential and closed to the public.
B. The records described in Subsection A of this
section shall be disclosed only to the parties and:
(1) court personnel and persons or entities
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authorized by contract with the court to review, inspect or
otherwise have access to records or information in the court's
possession;
(2) court-appointed special advocates
appointed to the neglect or abuse proceeding;
(3) the child's guardian ad litem;
(4) the attorney representing the child in an
abuse or neglect action, a delinquency action or any other
action under the Children's Code;
(5) department personnel and persons or
entities authorized by contract with the department to review,
inspect or otherwise have access to records or information in
the department's possession;
(6) [any local substitute care review board or
any agency contracted to implement local substitute care review
boards] a staff member of the substitute care advisory council,
if the records are requested for the purpose of carrying out
the provisions of the Citizen Substitute Care Review Act ;
(7) law enforcement officials, except when use
immunity is granted pursuant to Section 32A-4-11 NMSA 1978;
(8) district attorneys, except when use
immunity is granted pursuant to Section 32A-4-11 NMSA 1978;
(9) any state government or tribal government
social services agency in any state or when, in the opinion of
the department, it is in the best interest of the child, a
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governmental social services agency of another country;
(10) a foster parent, if the records are those
of a child currently placed with that foster parent or of a
child being considered for placement with that foster parent
and the records concern the social, medical, psychological or
educational needs of the child;
(11) school personnel involved with the child
if the records concern the child's social or educational needs;
(12) a grandparent, parent of a sibling,
relative or fictive kin, if the records or information pertain
to a child being considered for placement with that
grandparent, parent of a sibling, relative or fictive kin and
the records or information concern the social, medical,
psychological or educational needs of the child;
(13) health care or mental health
professionals involved in the evaluation or treatment of the
child or of the child's parents, guardian, custodian or other
family members;
(14) protection and advocacy representatives
pursuant to the federal Developmental Disabilities Assistance
and Bill of Rights Act and the federal Protection and Advocacy
for Mentally Ill Individuals Amendments Act of 1991;
(15) children's safehouse organizations
conducting investigatory interviews of children on behalf of a
law enforcement agency or the department;
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(16) representatives of the federal government
or their contractors authorized by federal statute or
regulation to review, inspect, audit or otherwise have access
to records and information pertaining to neglect or abuse
proceedings;
(17) any person or entity attending a meeting
arranged by the department to discuss the safety, well-being
and permanency of a child, when the parent or child, or parent
or legal custodian on behalf of a child younger than fourteen
years of age, has consented to the disclosure; and
(18) any other person or entity, by order of
the court, having a legitimate interest in the case or the work
of the court.
C. A parent, guardian or legal custodian whose
child has been the subject of an investigation of abuse or
neglect where no petition has been filed shall have the right
to inspect any medical report, psychological evaluation, law
enforcement reports or other investigative or diagnostic
evaluation; provided that any identifying information related
to the reporting party or any other party providing information
shall be deleted. The parent, guardian or legal custodian
shall also have the right to the results of the investigation
and the right to petition the court for full access to all
department records and information except those records and
information the department finds would be likely to endanger
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the life or safety of any person providing information to the
department.
D. Whoever intentionally and unlawfully releases
any information or records closed to the public pursuant to the
Abuse and Neglect Act or releases or makes other unlawful use
of records in violation of that act is guilty of a petty
misdemeanor and shall be sentenced pursuant to the provisions
of Section 31-19-1 NMSA 1978.
E. The department shall promulgate rules for
implementing disclosure of records pursuant to this section and
in compliance with state and federal law and the Children's
Court Rules."
SECTION 16. Section 32A-8-2 NMSA 1978 (being Laws 1993,
Chapter 77, Section 204, as amended) is amended to read:
"32A-8-2. PURPOSE OF ACT.--The purpose of the Citizen
Substitute Care Review Act is to provide a permanent system for
independent and objective monitoring [of children placed in the
custody] of the department by examining the policies,
procedures and practices of the department and, where
appropriate, specific cases to evaluate [the extent to which
the department is effectively ] its effectiveness in discharging
its child protection responsibilities and to meet federal
requirements for citizen review panels under the federal Child
Abuse Prevention and Treatment Act ."
SECTION 17. A new section of the Citizen Substitute Care
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Review Act is enacted to read:
"[NEW MATERIAL] DEFINITIONS.--As used in the Citizen
Substitute Care Review Act:
A. "board" means a substitute care review board of
volunteer members facilitated by council staff convened for the
purpose of reviews of designated cases or other related
activities deemed appropriate by the council;
B. "case" means an abuse or neglect case referred
to the department;
C. "council" means the substitute care advisory
council;
D. "identified adult" means an adult participating
in the fostering connections program or that program's
successor;
E. "identified child" means a child who is:
(1) the subject of a referral of abuse and
neglect made to the department;
(2) receiving services from the department; or
(3) in the custody of the department due to
abuse and neglect proceedings;
F. "public member" means an individual who has been
appointed by the governor;
G. "substitute care" means custodial or residential
care for an identified child that is ordered or otherwise
sanctioned by the court and in which the child does not live
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with either of the child's birth parents. "Substitute care"
includes foster care, kinship care or care within a group home,
residential treatment center, juvenile justice facility, semi-
independent living program or emergency shelter; and
H. "volunteer member" means an individual who has
met eligibility requirements to perform volunteer services for
the council."
SECTION 18. Section 32A-8-4 NMSA 1978 (being Laws 1993,
Chapter 77, Section 206, as amended) is amended to read:
"32A-8-4. SUBSTITUTE CARE ADVISORY COUNCIL--MEMBERS--
COMPENSATION--RESPONSIBILITIES--ADVISORY COMMITTEE.--
A. The "substitute care advisory council" is
created [and, in accordance with the provisions of Section
9-1-7 NMSA 1978, is administratively attached to the regulation
and licensing department. The general purpose of the council
is to oversee substitute care review boards in their monitoring
of children placed in the custody of the children, youth and
families department to identify systemic policy issues
regarding substitute care ] in the administrative office of the
courts. The council shall exercise its functions independently
and not under the control of the administrative office of the
courts. The council shall be composed of [nine persons ] ten
voting members, including:
(1) the secretary of public education or the
secretary's designee;
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(2) the secretary of [human services ] health
care authority or the secretary's designee;
(3) the secretary of finance and
administration or the secretary's designee;
(4) the secretary of health or the secretary's
designee;
[(5) two public members, appointed by the
governor, who:
(a) are at least eighteen and no more
than thirty years of age at the time of appointment; and
(b) were previously placed in substitute
care;
(6) two public members, appointed by the
governor, who have expertise in the area of child welfare; and ]
(5) the secretary of early childhood education
and care or the secretary's designee;
[(7)] (6) one children's court judge,
appointed by the governor; and
(7) four public members, two of whom have
expertise in the area of child welfare and two of whom have had
experience in abuse and neglect proceedings, including former
foster youth, biological parents, foster parents and adoptive
parents.
B. [The council may hire staff and contract for
services to carry out the purposes of the Citizen Substitute
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Care Review Act.] The secretary of children, youth and families
or the secretary's designee shall serve as a nonvoting member.
C. Except as provided pursuant to Paragraph [(7) ]
(6) of Subsection A and Subsection B of this section, a person
or a relative of a person employed by the department or a
district court shall not serve on the council.
[C.] D. Terms of office of public members of the
council shall be three years. Public members shall be eligible
for reappointment. In the event that a vacancy occurs among
the members of the council, the governor shall appoint another
person to serve the unexpired portion of the term.
E. A member of the council shall be entitled to
receive per diem and mileage as provided for nonsalaried public
officers pursuant to the Per Diem and Mileage Act; provided
that, if a different provision of that act applies to a member,
that member shall be paid pursuant to that provision. A member
of the council shall receive no other compensation, perquisite
or allowance.
[D.] F. The council shall select a chairperson, a
vice chairperson and other officers as it deems necessary.
[E.] G. The council shall meet no less than [twice
annually] quarterly and more frequently upon the call of the
chairperson.
H. The council shall, on or before October 1 of
each year, designate cases for review that involve children in
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substitute care who:
(1) are under the age of five; or
(2) have remained in substitute care for
longer than six months.
I. The council may establish work groups and enter
into contracts, memoranda of understanding and joint powers
agreements to carry out the provisions of the Citizen
Substitute Care Review Act.
[F.] J. The council shall adopt reasonable rules
relating to the functions and procedures of [the substitute
care review boards and ] the council [in accordance with the
duties of the boards as provided in the Citizen Substitute Care
Review Act]. These rules shall establish :
[(1) establish training requirements for
substitute care review board members;
(2) establish criteria for council designation
of cases for substitute care review board review;
(3) establish procedures for substitute care
review board review of designated cases;
(4) establish criteria for membership and
tenure on and operating procedures for substitute care review
boards;
(5) specify the information needed for
designated cases to be monitored by substitute care review
boards; and
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(6) specify case information to be tracked and
reported to the council.
G. When adopting rules establishing criteria for
designation of cases for substitute care review board review,
the council shall weigh the importance of the following
factors, including:
(1) sibling placements;
(2) the frequency and severity of neglect or
abuse;
(3) the behavioral health status of household
members;
(4) the placement of children in households
where there are no relatives of the children;
(5) data related to demographics; and
(6) relevant trend data ]
(1) procedures to ensure compliance with the
Open Meetings Act;
(2) initial and annual training requirements
for council staff;
(3) requirements for public participation,
including participation on work groups and boards;
(4) procedures for the council's review of
designated cases;
(5) procedures to provide for public outreach
and public comment to assess the impact of current child
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protection procedures and practices on children and families in
the community; and
(6) other procedures to provide for compliance
with the Citizen Substitute Care Review Act and the federal
Child Abuse Prevention and Treatment Act as it relates to
citizen review panels .
[H.] K. The council shall [review and coordinate
the activities of the substitute care review boards and make a
report with its recommendations to the department, the courts
and the appropriate legislative interim committees ] provide
periodic reports on the work of the council, including an
annual written report to the governor, the appropriate
legislative interim committee studying courts, corrections and
justice, the legislative finance committee, the legislative
health and human services committee, the department, the
administrative office of the courts and other persons,
organizations or agencies deemed appropriate. The annual
report shall be distributed electronically on or before
November 1 of each year [regarding statutes, rules, policies
and procedures relating to substitute care ]. This report shall
include [recommendations for any changes to substitute care
review boards.
I. Council members shall receive per diem and
mileage as provided for nonsalaried public officers in the Per
Diem and Mileage Act; provided that, if a different provision
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of that act applies to a specific member, that member shall be
paid pursuant to that applicable provision. Members shall
receive no other compensation, perquisite or allowance.
J. The council shall appoint by October 1 of each
year a six-member advisory committee from a list of substitute
care review board members that the substitute care review
boards shall nominate. The advisory council shall meet with
the council at least once per year to advise the council on
matters relating to substitute care review. Advisory committee
members shall serve terms of one year and may be reappointed ] a
summary of the activities of the council and recommendations to
improve child protective services at the state and local
levels. Other reports regarding trends or topics deemed
necessary by the council may be provided to the governor, the
legislature, the department and the administrative office of
the courts."
SECTION 19. A new section of the Citizen Substitute Care
Review Act is enacted to read:
"[NEW MATERIAL] COUNCIL ADMINISTRATION--STAFFING.--
A. The council shall hire a director who:
(1) shall oversee, manage and direct
processing of cases filed or reviewed pursuant to the Citizen
Substitute Care Review Act, provide administrative support to
the council and conduct any other activities as deemed
necessary by the council to support its functions;
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(2) shall act impartially in a nonpartisan
manner;
(3) shall promote public awareness of the
purpose and services of the council and the methods for
submitting requests for case review;
(4) shall employ staff for the council and fix
compensation of the staff;
(5) shall prepare a budgetary request to be
submitted through the administrative office of the courts; and
(6) may apply for and accept grants, gifts and
bequests from other states, federal and interstate agencies,
independent authorities, private firms, individuals and
foundations for the purpose of carrying out the
responsibilities of the council.
B. The director shall possess the following
qualifications:
(1) a master's degree in social work and
possession of a license issued pursuant to the Social Work
Practice Act; or
(2) an active license to practice law issued
pursuant to rules promulgated by the supreme court; and
(3) at least five years' experience in child
welfare, with an emphasis on child abuse and neglect prevention
or abatement.
C. The director shall hire staff to carry out the
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purposes of the Citizen Substitute Care Review Act, including
review of cases. Council staff providing professional services
shall possess:
(1) a bachelor's degree in social work,
psychology, guidance and counseling, education, sociology,
criminal justice, criminology or family studies and at least
two years of experience in child welfare administration with an
emphasis on child abuse and neglect prevention or abatement; or
(2) at least four years of experience combined
from:
(a) study at an accredited college or
university in a field related to child welfare; or
(b) professional experience working in
the field of child welfare.
D. Council staff shall be required to complete
annual training directly relating to enhancing staff
proficiency, meeting job requirements and conducting case
reviews required pursuant to the Citizen Substitute Care Review
Act."
SECTION 20. A new section of the Citizen Substitute Care
Review Act is enacted to read:
"[NEW MATERIAL] ATTORNEY GENERAL REPRESENTATION AND
CONSULTATION.--The attorney general shall advise and consult
with the council, acting pursuant to the Citizen Substitute
Care Review Act, and render legal services upon request of the
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council."
SECTION 21. A new section of the Citizen Substitute Care
Review Act is enacted to read:
"[NEW MATERIAL] VOLUNTEER MEMBER PARTICIPATION--RULES.--
A. The council shall promulgate rules relating to
volunteer member participation, which shall include provisions
for:
(1) efforts to recruit and retain volunteer
members who are broadly representative of the communities in
which they serve and to include volunteer members with
expertise in the prevention and treatment of child abuse and
neglect and adult former victims of child abuse or neglect;
(2) a membership process that includes
background checks and orientation training;
(3) ongoing training requirements;
(4) procedures to address actual, perceived or
possible conflicts of interest;
(5) a code of conduct; and
(6) procedures to maintain confidentiality of
information required to be kept confidential as required by
law.
B. Each volunteer member who meets the requirements
established by council rules shall participate at least once
quarterly in case reviews and other activities deemed
appropriate by council staff.
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C. Volunteer members may receive per diem and
mileage as provided for nonsalaried public officers in the Per
Diem and Mileage Act; provided that if a different provision of
that act applies to a specific member, that member shall be
paid pursuant to that applicable provision. Members shall
receive no other compensation, perquisite or allowance."
SECTION 22. A new section of the Citizen Substitute Care
Review Act is enacted to read:
"[NEW MATERIAL] SUBSTITUTE CARE REVIEW BOARD
ESTABLISHMENT--CASE REVIEW.--
A. The council shall establish boards composed
entirely of volunteer members to review cases designated in
accordance with council rules.
B. When a case has been designated for review
pursuant to Subsection H of Section 32A-8-4 NMSA 1978, the
staff of the council shall convene a board to review the case.
C. If a case reviewed by a board is a children's
court case, the staff of the council shall give the parties to
the case notice of the review and afford the parties to the
case an opportunity to provide input relevant to the review.
If the case involves an Indian child, notice shall additionally
be provided to persons afforded notice pursuant to the Indian
Family Protection Act.
D. After a board's review of a children's court
case, council staff shall submit a report of the board's
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findings and recommendations to the children's court, the
department and the parties to the case. If the case involves
an Indian child, the report shall additionally be provided to
persons afforded notice pursuant to the Indian Family
Protection Act.
E. The department shall:
(1) acknowledge receipt of the report within
ten business days; and
(2) within thirty days of receipt, provide a
response to the board's findings and recommendations, including
plans for adopting the recommendations or taking alternative
action.
F. Council staff and the department shall meet
quarterly, or as needed to work toward mutually agreed-upon
outcomes."
SECTION 23. A new section of the Citizen Substitute Care
Review Act is enacted to read:
"[NEW MATERIAL] ACCESS TO RECORDS.--
A. Subject to state or federal law to the contrary,
council staff shall have access to, including the right to
inspect and copy, any records necessary to carry out council
responsibilities, including access to the following:
(1) social records, diagnostic evaluations,
psychiatric or psychological reports, video footage,
transcripts and audio records of a child's statement of abuse
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or medical reports incident to an abuse or neglect proceeding;
(2) a record of an agency, hospital,
organization, school, person or office, including the clerk of
the court, the department, a court-appointed special advocate
program, a public or private health care facility, a medical or
mental health care professional, a law enforcement agency or
other agency that provides services to children and families;
(3) a record of an administrative hearing
conducted by the department and any findings or conclusions
resulting from such hearing; and
(4) a record of a private meeting with a child
in protective custody or with an individual with knowledge of
the case or grievance.
B. The department shall establish procedures to
provide the requested records in a timely manner.
C. The department shall:
(1) establish procedures to provide the
requested records in a timely manner and to ensure staff
availability to provide input for case reviews; and
(2) ensure that its agents and contractors
provide requested records in a timely manner and ensure staff
availability to provide input for case reviews.
D. The department or its agent or contractor shall
not discharge, discriminate against in any manner or retaliate
against an employee, volunteer or contractor who, in good
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faith, communicates with the council about a case review or
provision of records pursuant to this section."
SECTION 24. A new section of the Citizen Substitute Care
Review Act is enacted to read:
"[NEW MATERIAL] CONFIDENTIALITY OF INFORMATION.--
A. Information obtained or generated by a member of
the council, a staff member of the council or a member of a
board for the purpose of performing duties in compliance with
the Citizen Substitute Care Review Act is not subject to the
provisions of the Inspection of Public Records Act.
B. The name, address or other personally
identifiable information of a person whose records are released
to council staff are confidential.
C. A member of the council, a staff member of the
council or a member of a board with knowledge of a case that
was obtained pursuant to the Citizen Substitute Care Review Act
shall maintain that information as confidential unless:
(1) the identified child or identified adult
who is the subject of the case consents in writing to
disclosure of that information to another person;
(2) the identified child or identified adult
who is the subject of the case provides oral consent for
disclosure to another person that is immediately documented in
writing by council staff; or
(3) disclosure is ordered by a court."
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SECTION 25. TEMPORARY PROVISION.--On July 1, 2025:
A. the functions, employees, money, appropriations,
records, equipment and other property of the regulation and
licensing department pertaining to the substitute advisory care
council shall be transferred from the regulation and licensing
department to the administrative office of the courts;
B. all contractual obligations pertaining to the
substitute advisory care council shall be deemed to be
contractual obligations of the administrative office of the
courts; and
C. statutory references to the substitute advisory
care council or other functions transferred from the
registration and licensing department to the administrative
office of the courts shall be deemed to be references to the
administrative office of the courts.
SECTION 26. REPEAL.--Sections 32A-8-5 and 32A-8-6 NMSA
1978 (being Laws 1993, Chapter 77, Sections 207 and 208, as
amended) are repealed.
SECTION 27. EFFECTIVE DATE.--The effective date of the
provisions of this act is July 1, 2025.
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