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SENATE BILL 362
57
TH LEGISLATURE
-
STATE
OF
NEW
MEXICO
-
FIRST SESSION
,
2025
INTRODUCED BY
Michael Padilla
AN ACT
RELATING TO CHILDREN; PROVIDING FOR COURT INTERVENTION OR OTHER
FAMILY SERVICES AFTER THE CHILDREN, YOUTH AND FAMILIES
DEPARTMENT'S DETERMINATION OF SUBSTANTIATED ABUSE OR NEGLECT OF
A CHILD.
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, "family in need of court-ordered
services" means the child or the family has refused family
services or has failed to follow through with 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:
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A. whose child, subject to compulsory school
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. 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; or
F. in which the allegations of child abuse or
neglect against the child's parent, guardian or legal custodian
have been investigated by the department and found to be
substantiated and it has been determined that court
intervention is necessary to ensure the safety and well-being
of the child or to facilitate access to services for the
family, but the department determined that filing an abuse or
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neglect petition was not in the child's best interest ."
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