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HOUSE BILL 382
57
TH LEGISLATURE
-
STATE
OF
NEW
MEXICO
-
FIRST SESSION
,
2025
INTRODUCED BY
Stefani Lord and John Block
AN ACT
RELATING TO CHILDREN; AMENDING THE FAMILY IN NEED OF COURT-
ORDERED SERVICES ACT; EXPANDING THE DEFINITION OF "FAMILY IN
NEED OF COURT-ORDERED SERVICES"; MAKING AN APPROPRIATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 32A-3B-2 NMSA 1978 (being Laws 1993,
Chapter 77, Section 74, as amended) is amended to read:
"32A-3B-2. [DEFINITIONS ] DEFINITION.--As used in [Chapter
32A, Article 3B NMSA 1978 ] the Family in Need of Court-Ordered
Services Act, "family in need of court-ordered services" means
the child or the family has refused family services or the
department has exhausted appropriate and available family
services and court intervention is necessary to provide family
services to the child or family and it is a family:
A. whose child, subject to compulsory school
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attendance, is absent from school without an authorized excuse
more than ten days during a school year;
B. whose child is absent from the child's place of
residence for a time period of twelve hours or more without
consent of the child's parent, guardian or custodian;
C. whose child refuses to return home and there is
good cause to believe that the child will run away from home if
forced to return to the parent, guardian or custodian;
D. in which the child's parent, guardian or
custodian refuses to allow the child to return home and a
petition alleging neglect of the child is not in the child's
best interests; [or]
E. in which the child's parent, guardian or
custodian was investigated by the department and the department
found credible evidence that the child is an abused child or a
neglected child as provided in the Abuse and Neglect Act; or
[E.] F. whose child is:
(1) alleged to be engaged in an act that would
be designated as prostitution if committed by an adult; or
(2) a victim of human trafficking as defined
in Section 30-52-1 NMSA 1978."
SECTION 2. APPROPRIATION.--One million dollars
($1,000,000) is appropriated from the general fund to the
administrative office of the courts for expenditure in fiscal
year 2026 to assist the administrative office of the courts in
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expanding the scope of the Family in Need of Court-Ordered
Services Act. Any unexpended or unencumbered balance remaining
at the end of fiscal year 2026 shall revert to the general
fund.
SECTION 3. EFFECTIVE DATE.--The effective date of the
provisions of this act is July 1, 2025.
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