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HOUSE BILL 345
57
TH LEGISLATURE
-
STATE
OF
NEW
MEXICO
-
FIRST SESSION
,
2025
INTRODUCED BY
Gail Armstrong and Nicole Chavez
AN ACT
RELATING TO CHILDREN; REQUIRING THAT A BEHAVIORAL HEALTH
ASSESSMENT BE CONDUCTED FOR A CHILD PRIOR TO THE CHILD ENTERING
FOSTER CARE; AMENDING A SECTION OF THE NMSA 1978.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 32A-3B-6 NMSA 1978 (being Laws 1993,
Chapter 77, Section 78, as amended) is amended to read:
"32A-3B-6. PLACE OF CUSTODY--FOSTER CARE--BEHAVIORAL
HEALTH ASSESSMENT REQUIRED .--
A. Unless a child from a family in need of services
who has been placed in department custody is also alleged or
adjudicated delinquent:
(1) the child shall not be held in a jail or
other facility intended or used for the incarceration of adults
charged with criminal offenses or for the detention of children
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alleged to be delinquent children; and
(2) there shall be a preference that the child
be placed in the home of a relative of the child when a
relative is available to provide foster care; provided that:
(a) placement with a relative is in the
best interest of the child;
(b) the relative signs a sworn statement
that the relative will not return the child to or allow
unsupervised visits with the parent, guardian or custodian who
is alleged to have committed the abuse or neglect until
otherwise directed by the department or the court; and
(c) within three days of accepting
custody of the child, the relative completes an application
form for licensure to operate a foster home pursuant to the
Children's Code.
B. The department shall make reasonable efforts to
locate a relative of the child to provide foster care. If a
relative is not available to provide foster care, the child may
be placed in:
(1) a licensed foster home or any home
authorized under the law for the provision of foster care or
group care or use as a protective residence;
(2) a facility operated by a licensed child
welfare services agency; or
(3) a facility provided for in the Children's
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Shelter Care Act.
C. Within forty-five days of placing a child into
foster care, the department shall:
(1) provide for the child to receive a child
and adolescent needs and strengths trauma assessment; and
(2) provide referrals to appropriate
behavioral health services based on the child's assessment. "
SECTION 2. EFFECTIVE DATE.--The effective date of the
provisions of this act is July 1, 2025.
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