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SENATE BILL 363
57
TH LEGISLATURE
-
STATE
OF
NEW
MEXICO
-
FIRST SESSION
,
2025
INTRODUCED BY
Michael Padilla
AN ACT
RELATING TO CHILDREN; ENACTING THE CHILD PROTECTION AUTHORITY
ACT; CREATING THE CHILD PROTECTION AUTHORITY; PRESCRIBING
DUTIES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. [NEW MATERIAL] SHORT TITLE.--Sections 1
through 7 of this act may be cited as the "Child Protection
Authority Act".
SECTION 2. [NEW MATERIAL] DEFINITIONS.--As used in the
Child Protection Authority Act:
A. "authority" means the child protection
authority; and
B. "department" means the children, youth and
families department.
SECTION 3. [NEW MATERIAL] CHILD PROTECTION AUTHORITY
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CREATED--DUTIES.--
A. The "child protection authority" is created and
is administratively attached to the regulation and licensing
department.
B. The authority shall be governed by nine members,
appointed as follows:
(1) five members appointed by the governor,
subject to confirmation by the senate, including at least one
child welfare professional and one representative of a child
advocacy organization; and
(2) four members appointed by the legislature,
one each by the speaker of the house of representatives, the
minority floor leader of the house of representatives, the
president pro tempore of the senate and the minority floor
leader of the senate.
C. Members shall serve four-year terms; provided
that the initial terms shall be staggered, as determined by
lot, with three members appointed for terms of two years, three
members appointed for terms of three years and the remaining
three members appointed for terms of four years. Thereafter,
members shall be appointed to terms of four years.
D. The authority shall:
(1) receive and investigate complaints
regarding the handling of child abuse, neglect and foster care
cases by the department and other child welfare agencies;
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(2) monitor and evaluate the department's
policies and practices to ensure compliance with federal and
state child welfare laws;
(3) make recommendations to the governor, the
legislature and the department to improve child welfare
practices and address systemic issues;
(4) issue public reports on the authority's
findings, including annual reports on trends in child welfare
complaints and recommendations for policy reforms;
(5) access records and data, including the
department's case files, court records and law enforcement
reports, subject to confidentiality safeguards;
(6) provide education and outreach to
families, children and mandated reporters regarding child
welfare rights and responsibilities; and
(7) operate a toll-free hotline and electronic
communication portal to receive complaints.
SECTION 4. [NEW MATERIAL] DIRECTOR AND STAFF.--
A. The authority shall be led by a director who
shall be appointed by the members of the authority and serve a
six-year term, subject to removal for cause by a two-thirds'
vote of the members of the authority or at the discretion of
the governor.
B. The director shall hire staff that include
investigators, attorneys and policy analysts, as necessary.
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C. Staff shall have expertise in child welfare,
juvenile law or social services.
SECTION 5. [NEW MATERIAL] COMPLAINT PROCESS.--
A. The authority shall establish a transparent
complaint process for individuals to report concerns regarding
child protective services.
B. Complaints may be submitted anonymously and
shall be investigated promptly.
C. Nothing in the provisions of this section grants
subpoena power to the authority for purposes of investigating a
complaint.
D. The authority shall maintain communication with
the complainant until the complaint is resolved.
E. Upon resolution of a complaint, the authority
shall report its findings to the department and to the
complainant to the extent allowable by law within ten days.
SECTION 6. [NEW MATERIAL] REPORTING AND ACCOUNTABILITY.--
A. The authority shall submit an annual report to
the department, the governor and the legislature detailing
findings, case trends and recommendations.
B. The authority shall hold quarterly public
meetings to discuss child welfare concerns and policy
proposals.
C. At the discretion of the governor or the
legislative finance committee, the state auditor shall conduct
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or cause to be conducted a performance and fiscal audit of the
department.
SECTION 7. [NEW MATERIAL] CONFIDENTIALITY AND LEGAL
PROTECTIONS.--The authority shall maintain confidentiality of
records and protect the identity of complainants, except when
necessary to conduct an investigation or disclosure is required
by law. Authority staff shall be granted whistleblower
protections and immunity from civil liability for actions taken
in good faith while performing their duties.
SECTION 8. Section 32A-2-32 NMSA 1978 (being Laws 1993,
Chapter 77, Section 61, as amended) is amended to read:
"32A-2-32. CONFIDENTIALITY--RECORDS.--
A. [All] Records pertaining to the child, including
all related social records, behavioral health screenings,
diagnostic evaluations, psychiatric reports, medical reports,
social studies reports, records from local detention
facilities, client-identifying records from facilities for the
care and rehabilitation of delinquent children, pre-parole or
supervised release reports and supervision histories obtained
by the juvenile probation office, parole officers and the
juvenile public safety advisory board or in possession of the
department, are confidential and shall not be disclosed
directly or indirectly to the public.
B. The disclosure of all mental health and
developmental disability records shall be made pursuant to the
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Children's Mental Health and Developmental Disabilities Act.
C. The records described in Subsection A of this
section, other than mental health and developmental disability
records, shall be disclosed only to any of the following;
provided that the agency, person or institution receiving
information shall not re-release the information without proper
consent or as otherwise provided by law:
(1) court personnel;
(2) the child's court appointed special
advocates;
(3) the child's attorney or guardian ad litem
representing the child in any matter;
(4) department personnel;
(5) corrections department personnel;
(6) law enforcement officials when the request
is related to the investigation of a crime;
(7) district attorneys or children's court
attorneys;
(8) a state government social services agency
in any state;
(9) those persons or entities of a child's
Indian tribe specifically authorized to inspect such records
pursuant to the federal Indian Child Welfare Act of 1978 or any
regulations promulgated under that act;
(10) tribal juvenile justice system and social
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service representatives;
(11) a foster parent, if the records are those
of a child currently placed with that foster parent or of a
child being considered for placement with that foster parent,
when the disclosure of the information is necessary for the
child's treatment or care and shall include only that
information necessary to provide for treatment and care of the
child;
(12) school personnel involved with the child
if the records concern the child's educational needs, but shall
only include that information necessary to provide for the
child's educational planning and needs;
(13) a health care or mental health
professional involved in the evaluation or treatment of the
child, the child's parents, guardians or custodian or other
family members;
(14) representatives of the protection and
advocacy system;
(15) the child's parent, guardian or legal
custodian when the disclosure of the information is necessary
for the child's treatment or care and shall include only that
information necessary to provide for the treatment or care of
the child;
(16) any other person or entity, by order of
the court, having a legitimate interest in the case or the work
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of the court who agrees not to otherwise release the records;
[and]
(17) the child, if fourteen years of age or
older; and
(18) the child protection authority and its
staff, pursuant to the requirements of the Abuse and Neglect
Act, if the records are needed for the purpose of implementing
the Child Protection Authority Act .
D. If disclosure of otherwise confidential records
is made to the child or any other person or entity pursuant to
a valid release of information signed by the child, all victim
or witness identifying information shall be redacted or
otherwise deleted.
E. Whoever intentionally and unlawfully releases
any information or records closed to the public pursuant to
this section or releases or makes other unlawful use of records
in violation of this section is guilty of a petty misdemeanor.
F. The department shall promulgate rules for
implementing disclosure of records pursuant to this section and
in compliance with state and federal law and the Children's
Court Rules."
SECTION 9. A new section of the Children's Code is
enacted to read:
"[NEW MATERIAL] NOTIFICATION OF CHILD PROTECTION
AUTHORITY.--The department shall notify all children placed in
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the custody of the department, receiving services under the
supervision of the department, referred to the department or
whose parents, guardians or custodians are under investigation
by the department and the children's parents, guardians, foster
parents or identified fictive kin of the existence of the child
protection authority, the child protection authority's purpose,
function, toll-free hotline and electronic communication
portal."
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