Fiscal impact reports (FIRs) are prepared by the Legislative Finance Committee (LFC) for standing finance
committees of the Legislature. LFC does not assume responsibility for the accuracy of these reports if they
are used for other purposes.
F I S C A L I M P A C T R E P O R T
SPONSOR Herndon
LAST UPDATED
ORIGINAL DATE 02/25/2025
SHORT TITLE “Neglected Child” Definition
BILL
NUMBER House Bill 470
ANALYST Chilton
ESTIMATED ADDITIONAL OPERATING BUDGET IMPACT*
(dollars in thousands)
Agency/Program
FY25 FY26 FY27
3 Year
Total Cost
Recurring or
Nonrecurring
Fund
Affected
No fiscal
impact
No fiscal
impact
No fiscal
impact
No fiscal
impact
Parentheses ( ) indicate expenditure decreases.
*Amounts reflect most recent analysis of this legislation.
Relates to Senate Bills 84 and 430, House Bills 303, 136, and 383
Sources of Information
LFC Files
Agency Analysis Received From
Administrative Office of the Courts (AOC) Children, Youth and Families Department (CYFD) Office of Family Representation and Advocacy (OFRA)
SUMMARY
Synopsis of House Bill 470
House Bill 470 adds to the definition of “neglected child” contained in Section 32A-4-2 NMSA
1978 a child whose parent or guardian allows the child to have access to a firearm or other
deadly weapon without supervision.
The term “deadly weapon” is defined in the bill as “an object, instrument, substance, or device
that could be used to inflict great bodily harm or death.” The term “firearm” is defined in the bill
as it is generally understood.
This bill does not contain an effective date and, as a result, would go into effect 90 days after the
Legislature adjourns if enacted, or June 20, 2025.
FISCAL IMPLICATIONS
There is no appropriation in House Bill 470, and no expected fiscal impact. Courts might see an House Bill 470 – Page 2
increase in actions against parents for child neglect if the bill is passed, although the Office of
Family Representation and Advocacy (OFRA) sees no likely significant impact on Children’s
Court caseloads.
The Children, Youth and Families Department (CYFD) indicates that:
If enacted, the expanded definition of neglect would require child protective services
(CPS) to investigate more cases involving firearm access, leading to higher workloads for
caseworkers. If children are removed from homes due to unsafe firearm access, the foster
care system may experience an increase in placements, leading to higher costs for
housing, case management, and support services.
SIGNIFICANT ISSUES
The Administrative Office of the Courts (AOC) notes that this piece of legislation responds to
the Children’s Code Reform Task Force’s deliberations on needed changes to that code. Some
members of the task force, according to AOC, feel that charging a family with child neglect after
their child had injured themselves with a gun or other deadly weapon would be seen as “piling
on after a tragedy.” AOC also points out that a parent leaving a child unsupervised with an
unsafely stored gun would not only be subject to criminal charges under the Benny Hargrove
Safe Storage Act but also be at risk of losing their child as having been neglected.
CYFD raises concerns about an overly broad definition of “deadly weapon” in the bill, which
might take in “common items such as kitchen knives, pocketknives, baseball bats, hammers,
wire, rope, screwdrivers, icepicks, rocks, and more.” CYFD states that it can already make an
allegation of neglect for firearm access according to Section 32A-4-G2.
In New Mexico, an average of 33 children and youth die from gun injury each year, with the
largest number, on average 16, dying from suicide, while others are accidental or homicides.
New Mexico’s gun-related suicide rate is higher than that in 45 other states, lower only than four.
CONFLICT, DUPLICATION, COMPANIONSHIP, RELATIONSHIP
Relates to 2023 House Bill 9, which made allowing a child access to a firearm a crime.
Also relates to the following 2025 bills:
SB 84, Sharing of Certain CYFD Info;
SB 430, “Neglected Child” Definition,” which makes more extensive changes in the
definition of “neglected child,” but does not mention lack of supervision with a firearm;
HB 303, Exposure to Certain Drugs as Child Abuse; and
HB 136 and HB 383 Exposure to Fentanyl Use as Child Abuse.
ALTERNATIVES
OFRA suggests:
A public health approach to educating the public about the risks of children having
unsupervised access to firearms and other deadly weapons would be an important
companion effort to this legislation aimed at creating safe households. Such an approach
could focus on decreasing the number of available weapons, promoting safe weapon House Bill 470 – Page 3
storage, and non-stigmatizing public education about the dangers of weapons.
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