underscored material = new
[bracketed material] = delete
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
SENATE BILL 360
57
TH LEGISLATURE
-
STATE
OF
NEW
MEXICO
-
FIRST SESSION
,
2025
INTRODUCED BY
Michael Padilla
AN ACT
RELATING TO THE SAFE HAVEN FOR INFANTS ACT; ALLOWING A PARENT
OR A PARENT'S DESIGNEE TO RELINQUISH AN INFANT IN INFANT SAFETY
DEVICES FOR THE RELINQUISHMENT OF INFANTS, UNDER CERTAIN
CONDITIONS, WITHOUT CRIMINAL PROSECUTION FOR ABANDONMENT OR
ABUSE OF A CHILD IN CERTAIN CIRCUMSTANCES; ALLOWING THE
INSTALLATION AND OPERATION OF INFANT SAFETY DEVICES FOR THE
RELINQUISHMENT OF INFANTS; REQUIRING THE ASSESSING OF FINES FOR
THE DISCLOSURE OF CONFIDENTIAL INFORMATION RELATING TO INFANTS
RELINQUISHED PURSUANT TO THE SAFE HAVEN FOR INFANTS ACT;
PROVIDING REQUIREMENTS FOR INSTALLATION, OPERATION AND
MONITORING OF INFANT SAFETY DEVICES; PROVIDING LIMITED IMMUNITY
FOR A SAFE HAVEN SITE AND THE SAFE HAVEN SITE'S STAFF;
REQUIRING THE CHILDREN, YOUTH AND FAMILIES DEPARTMENT TO
PROMULGATE RULES TO IMPLEMENT THE PROVISIONS OF THE SAFE HAVEN
FOR INFANTS ACT; DEFINING TERMS.
.230073.3GLG underscored material = new
[bracketed material] = delete
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 24-22-2 NMSA 1978 (being Laws 2001,
Chapter 31, Section 2 and Laws 2001, Chapter 132, Section 2, as
amended) is amended to read:
"24-22-2. DEFINITIONS.--As used in the Safe Haven for
Infants Act:
A. "department" means the children, youth and
families department;
[A.] B. "fire station" means a fire station that is
certified by the state fire marshal's office;
[B.] C. "hospital" means an acute care general
hospital or health care clinic licensed by the state;
[C.] D. "Indian child" means an Indian child as
defined by the federal Indian Child Welfare Act of 1978;
[D.] E. "infant" means a child no more than ninety
days old, as determined within a reasonable degree of medical
certainty;
F. "infant safety device" means a medical device
used to maintain an optimal environment for the care of a
newborn infant, affixed to a safe haven site and installed in
compliance with the provisions of the Safe Haven for Infants
Act;
[E.] G. "law enforcement agency" means a law
enforcement agency of the state or a political subdivision of
.230073.3GLG
- 2 - underscored material = new
[bracketed material] = delete
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
the state;
[F.] H. "safe haven site" means a hospital, law
enforcement agency or fire station that has staff on site at
the time an infant is [left ] relinquished at such a site; and
[G.] I. "staff" means an employee, contractor,
agent or volunteer performing services as required and on
behalf of the safe haven site."
SECTION 2. Section 24-22-3 NMSA 1978 (being Laws 2001,
Chapter 31, Section 3 and Laws 2001, Chapter 132, Section 3, as
amended) is amended to read:
"24-22-3. [LEAVING] RELINQUISHING AN INFANT--SAFE HAVEN
SITE.--
A. A [person] parent or parent's designee may
[leave] relinquish an infant with the staff of a safe haven
site without being subject to criminal prosecution for
abandonment or abuse [if the infant was born within ninety days
of being left at the safe haven site, as determined within a
reasonable degree of medical certainty, and ] if the infant is
[left] relinquished in a condition that would not constitute
abandonment or abuse of a child pursuant to Section 30-6-1 NMSA
1978.
B. The staff of a safe haven site may ask the
[person leaving] parent or parent's designee relinquishing the
infant pursuant to this section for the name of the infant's
biological father or biological mother, the infant's name,
.230073.3GLG
- 3 - underscored material = new
[bracketed material] = delete
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
[and] the infant's medical history and whether the infant is a
member of an Indian nation, tribe or pueblo , but the [person
leaving] parent or parent's designee relinquishing the infant
is not required to provide that information to the safe haven
site.
[C. The safe haven site is deemed to have received
consent for medical services provided to an infant left at a
safe haven site in accordance with the provisions of the Safe
Haven for Infants Act or in accordance with procedures
developed between the children, youth and families department
and the safe haven site. ]"
SECTION 3. A new section of the Safe Haven for Infants
Act is enacted to read:
"[NEW MATERIAL] RELINQUISHING AN INFANT--INFANT SAFETY
DEVICE.--A parent or parent's designee may relinquish an infant
inside an infant safety device without being subject to
criminal prosecution for abandonment or abuse of a child if:
A. the infant safety device is:
(1) located on the property and attached as a
fixture to a safe haven site;
(2) conspicuously marked as safe for use
pursuant to rules promulgated by the department; and
(3) not otherwise marked as unsafe for use;
B. the parent or parent's designee properly secures
the infant inside the infant safety device pursuant to
.230073.3GLG
- 4 - underscored material = new
[bracketed material] = delete
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
instructions provided at the site of the infant safety device;
and
C. the infant is relinquished in a condition that
would not constitute abandonment or abuse of a child pursuant
to Section 30-6-1 NMSA 1978."
SECTION 4. Section 24-22-4 NMSA 1978 (being Laws 2001,
Chapter 31, Section 4 and Laws 2001, Chapter 132, Section 4, as
amended) is amended to read:
"24-22-4. SAFE HAVEN SITE PROCEDURES.--
A. A safe haven site shall accept an infant who is
[left] relinquished at [the] a safe haven site in accordance
with the provisions of the Safe Haven for Infants Act.
B. In conjunction with the [children, youth and
families] department, a safe haven site shall develop
procedures for appropriate staff to accept and provide
necessary medical services to an infant [left ] relinquished at
the safe haven site [and to the person leaving the infant at
the safe haven site, if necessary ].
C. Upon receiving an infant who is [left ]
relinquished at a safe haven site in accordance with the
provisions of the Safe Haven for Infants Act, the safe haven
site may provide the person [leaving ] relinquishing the infant,
to the extent practicable , with:
(1) information about adoption services,
including the availability of private adoption services;
.230073.3GLG
- 5 - underscored material = new
[bracketed material] = delete
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
(2) brochures or telephone numbers for
agencies that provide adoption services or counseling services;
and
(3) written information regarding whom to
contact at the [children, youth and families ] department if the
parent decides to seek reunification with the infant.
[D. A safe haven site shall ask the person leaving
the infant whether the infant has a parent who is either a
member of an Indian tribe or is eligible for membership in an
Indian tribe, but the person leaving the infant is not required
to provide that information to the safe haven site.
E.] D. Immediately after receiving an infant in
accordance with the provisions of the Safe Haven for Infants
Act, a safe haven site shall inform the [children, youth and
families] department that [the ] an infant has been [left ]
relinquished at the safe haven site and shall inform law
enforcement to determine whether the infant is missing or
abducted. The safe haven site shall provide the [children,
youth and families] department with all available information
regarding the [child] infant and the parents, including the
identity of the [child ] infant and the parents, the location of
the parents and the [child's ] infant's medical records."
SECTION 5. A new section of the Safe Haven for Infants
Act is enacted to read:
"[NEW MATERIAL] RELINQUISHMENT CONFIDENTIALITY--CIVIL
.230073.3GLG
- 6 - underscored material = new
[bracketed material] = delete
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
PENALTY.--
A. All information relating to an infant
relinquished at a safe haven site is confidential and shall not
be subject to public disclosure. No staff of a safe haven
site, employee of the department or other person with access to
such confidential information acquired by virtue of the
person's employment or the requirements of the Safe Haven for
Infants Act shall use or disclose the confidential information,
except as provided pursuant to state law for child welfare
investigations or to carry out the provisions of the Safe Haven
for Infants Act.
B. A person who violates Subsection A of this
section may be assessed a civil penalty not to exceed five
hundred dollars ($500) per violation."
SECTION 6. A new section of the Safe Haven for Infants
Act is enacted to read:
"[NEW MATERIAL] CONSENT FOR MEDICAL SERVICES.--A safe
haven site and the department are deemed to have received
consent for medical services provided to an infant relinquished
at a safe haven site in accordance with the provisions of the
Safe Haven for Infants Act or in accordance with the procedures
developed between the department and the safe haven site."
SECTION 7. Section 24-22-5 NMSA 1978 (being Laws 2001,
Chapter 31, Section 5 and Laws 2001, Chapter 132, Section 5, as
amended) is amended to read:
.230073.3GLG
- 7 - underscored material = new
[bracketed material] = delete
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
"24-22-5. RESPONSIBILITIES OF THE [CHILDREN, YOUTH AND
FAMILIES] DEPARTMENT.--
A. The [children, youth and families ] department
shall be deemed to have emergency custody of an infant who has
been [left] relinquished at a safe haven site according to the
provisions of the Safe Haven for Infants Act.
[B. Upon receiving a report of an infant left at a
safe haven site pursuant to the provisions of the Safe Haven
for Infants Act, the children, youth and families department
shall immediately conduct an investigation, pursuant to the
provisions of the Abuse and Neglect Act.
C. When an infant is taken into custody by the
children, youth and families department, the department shall
make reasonable efforts to determine whether the infant is an
Indian child.]
B. If the department has the information necessary
to determine that a relinquished infant is an Indian child:
(1) the child's tribe shall be notified as
required by Section 32A-1-14 NMSA 1978 and the federal Indian
Child Welfare Act of 1978; and
(2) pre-adoptive placement and adoptive
placement of the Indian child shall be in accordance with the
provisions of Section 32A-5-5 NMSA 1978 regarding Indian child
placement preferences.
[D. The children, youth and families department
.230073.3GLG
- 8 - underscored material = new
[bracketed material] = delete
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
shall perform public outreach functions necessary to educate
the public about the Safe Haven for Infants Act, including
developing literature about that act and distributing it to
safe haven sites.]
C. By 5:00 p.m. on the next business day following
an infant's relinquishment at a safe haven site, the department
shall file a petition to assume legal custody of the infant.
D. The department shall commence proceedings to
terminate the parental rights of the parents of an infant
relinquished pursuant to the Safe Haven for Infants Act;
provided that prior to commencing such a proceeding, the
department shall determine whether a father of the infant is
registered in the putative father registry. If the father of
the infant is registered in the putative father registry, the
department shall not proceed with proceedings to terminate the
parental rights of both parents until the registered father
provides consent to terminate parental rights.
E. Upon receiving an infant relinquished at a safe
haven site, if the department determines that evidence of child
abuse or neglect exists, the department shall conduct an
investigation and commence child abuse and neglect proceedings
pursuant to the Abuse and Neglect Act and shall attempt to
locate any relatives of the infant.
[E.] F. An infant [left] relinquished at a safe
haven site in accordance with the provisions of the Safe Haven
.230073.3GLG
- 9 - underscored material = new
[bracketed material] = delete
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
for Infants Act shall presumptively be deemed eligible and
enrolled for medicaid benefits and services."
SECTION 8. A new section of the Safe Haven for Infants
Act is enacted to read:
"[NEW MATERIAL] INFANT SAFETY DEVICE--REQUIREMENTS.--
A. A safe haven site may install an infant safety
device inside the safe haven site for a parent or a parent's
designee to relinquish an infant pursuant to the Safe Haven for
Infants Act.
B. An infant safety device shall:
(1) be physically located:
(a) inside a facility that is staffed
twenty-four hours per day and seven days per week by the staff
of a safe haven site; and
(b) in an area conspicuous and visible
to the staff of a safe haven site; and
(2) be connected to an alarm system to audibly
notify the staff of a safe haven site that an infant has been
placed in the device.
C. A safe haven site that places an infant safety
device in the safe haven site's facilities shall develop
procedures to regularly verify that the device's alarm system
is in working order."
SECTION 9. Section 24-22-8 NMSA 1978 (being Laws 2001,
Chapter 31, Section 8 and Laws 2001, Chapter 132, Section 8, as
.230073.3GLG
- 10 - underscored material = new
[bracketed material] = delete
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
amended) is amended to read:
"24-22-8. IMMUNITY.--
A. A safe haven site and its staff are immune from
criminal liability and civil liability for accepting, examining
or treating an infant and installing, operating or maintaining
an infant safety device in compliance with the provisions of
the Safe Haven for Infants Act but not for subsequent negligent
medical care or treatment of the infant.
B. A safe haven site and the safe haven site's
staff have no legal duty to detain or identify the parents of
an infant relinquished at a safe haven site or in an infant
safety device unless evidence of abuse and neglect are
present."
SECTION 10. A new section of the Safe Haven for Infants
Act is enacted to read:
"[NEW MATERIAL] RULEMAKING.--The department shall
promulgate rules to implement the provisions of the Safe Haven
for Infants Act, including rules for the determination of
whether an infant safety device is safe for use and for the
operation and monitoring of an infant safety device."
- 11 -
.230073.3GLG