New Mexico 2025 Regular Session

New Mexico Senate Bill SB362 Compare Versions

Only one version of the bill is available at this time.

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28	28	SENATE BILL 362
29	29	57
30	30	TH LEGISLATURE
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33	33	STATE
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35	35	OF
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39	39	MEXICO
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42	42	FIRST SESSION
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45	45	2025
46	46	INTRODUCED BY
47	47	Michael Padilla
48	48	AN ACT
49	49	RELATING TO CHILDREN; PROVIDING FOR COURT INTERVENTION OR OTHER
50	50	FAMILY SERVICES AFTER THE CHILDREN, YOUTH AND FAMILIES
51	51	DEPARTMENT'S DETERMINATION OF SUBSTANTIATED ABUSE OR NEGLECT OF
52	52	A CHILD.
53	53	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
54	54	SECTION 1. Section 32A-3B-2 NMSA 1978 (being Laws 1993,
55	55	Chapter 77, Section 74, as amended) is amended to read:
56	56	"32A-3B-2. [DEFINITIONS ] DEFINITION.--As used in Chapter
57	57	32A, Article 3B NMSA 1978, "family in need of court-ordered
58	58	services" means the child or the family has refused family
59	59	services or has failed to follow through with family services
60	60	or the department has exhausted appropriate and available
61	61	family services and court intervention is necessary to provide
62	62	family services to the child or family and it is a family:
63	63	.230235.1SA underscored material = new
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90	90	A. whose child, subject to compulsory school
91	91	attendance, is absent from school without an authorized excuse
92	92	more than ten days during a school year;
93	93	B. whose child is absent from the child's place of
94	94	residence for a time period of twelve hours or more without
95	95	consent of the child's parent, guardian or custodian;
96	96	C. whose child refuses to return home and there is
97	97	good cause to believe that the child will run away from home if
98	98	forced to return to the parent, guardian or custodian;
99	99	D. in which the child's parent, guardian or
100	100	custodian refuses to allow the child to return home and a
101	101	petition alleging neglect of the child is not in the child's
102	102	best interests; [or]
103	103	E. whose child is:
104	104	(1) alleged to be engaged in an act that would
105	105	be designated as prostitution if committed by an adult; or
106	106	(2) a victim of human trafficking as defined
107	107	in Section 30-52-1 NMSA 1978; or
108	108	F. in which the allegations of child abuse or
109	109	neglect against the child's parent, guardian or legal custodian
110	110	have been investigated by the department and found to be
111	111	substantiated and it has been determined that court
112	112	intervention is necessary to ensure the safety and well-being
113	113	of the child or to facilitate access to services for the
114	114	family, but the department determined that filing an abuse or
115	115	.230235.1SA
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143	143	neglect petition was not in the child's best interest ."
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