NM
New Mexico Senate Bill SB42

New Mexico 2025 Regular Session

New Mexico Senate Bill SB42 Compare Versions

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1-SJC/SRC/SB 42
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28+SENATE BILL 42
29+57
30+TH LEGISLATURE
31+-
32+
33+STATE
34+
35+OF
36+
37+NEW
38+
39+MEXICO
40+
41+-
42+ FIRST SESSION
43+,
44+
45+2025
46+INTRODUCED BY
47+Michael Padilla and Gail Armstrong
2848 AN ACT
29-RELATING TO CHILD WELFARE; AMENDING AND ENACTING SECTIONS OF
30-THE NMSA 1978 TO ENACT A NEW MEXICO CHILD SAFETY AND WELFARE
31-ACT; REQUIRING THE USE OF STATE-ISSUED ELECTRONIC DEVICES
32-WHEN PERFORMING DEPARTMENTAL DUTIES; REQUIRING THE BACKUP AND
33-RETENTION OF ELECTRONIC RECORDS; ENHANCING THE STATE PROGRAM
49+RELATING TO CHILD WELFARE; ENHANCING THE STATE PROGRAM
3450 ADMINISTERED PURSUANT TO THE FEDERAL COMPREHENSIVE ADDICTION
35-AND RECOVERY ACT OF 2016; MOVING THAT PROGRAM FROM THE
36-CHILDREN, YOUTH AND FAMILIES DEPARTMENT TO THE HEALTH CARE
37-AUTHORITY; AMENDING REQUIREMENTS FOR PLANS OF SAFE CARE;
38-REQUIRING THE CHILDREN, YOUTH AND FAMILIES DEPARTMENT TO
39-IMPLEMENT THE MULTILEVEL RESPONSE SYSTEM STATEWIDE; ENACTING
40-THE FAMILIES FIRST ACT WITHIN THE CHILDREN'S CODE; REQUIRING
41-THE CHILDREN, YOUTH AND FAMILIES DEPARTMENT TO DEVELOP AND
42-IMPLEMENT A STRATEGIC PLAN FOR APPROVAL BY THE FEDERAL
43-ADMINISTRATION FOR CHILDREN AND FAMILIES; REQUIRING
44-PROVISIONS OF THE STRATEGIC PLAN TO IDENTIFY AND PROVIDE
45-FOSTER CARE PREVENTION SERVICES THAT MEET THE REQUIREMENTS OF
46-THE FEDERAL FAMILY FIRST PREVENTION SERVICES ACT; PROVIDING
47-ACCESS TO AND REQUIREMENTS FOR CONFIDENTIALITY OF CERTAIN
48-RECORDS AND INFORMATION; SPECIFYING TO WHOM AND UNDER WHAT
49-CIRCUMSTANCES INFORMATION THAT IS HELD BY THE CHILDREN, YOUTH
50-AND FAMILIES DEPARTMENT THAT PERTAINS TO CHILD ABUSE AND
51-NEGLECT MAY BE SHARED; REQUIRING THAT INFORMATION BE PROVIDED
52-ABOUT CHILD FATALITIES OR NEAR FATALITIES; PROTECTING SJC/SRC/SB 42
53-Page 2
51+AND RECOVERY ACT OF 2016; MOVING THE PROGRAM FROM THE CHILDREN,
52+YOUTH AND FAMILIES DEPARTMENT TO THE DEPARTMENT OF HEALTH;
53+AMENDING REQUIREMENTS FOR PLANS OF SAFE CARE; PROVIDING FOR
54+RULEMAKING.
55+BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
56+SECTION 1. Section 32A-1-4 NMSA 1978 (being Laws 1993,
57+Chapter 77, Section 13, as amended) is amended to read:
58+"32A-1-4. DEFINITIONS.--As used in the Children's Code:
59+A. "active efforts" means efforts that are
60+affirmative, active, thorough and timely and that represent a
61+higher standard of conduct than reasonable efforts;
62+B. "adult" means a person who is eighteen years of
63+.230072.1GLG underscored material = new
64+[bracketed material] = delete
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79-PERSONAL IDENTIFIER INFORMATION OF DEPARTMENT CLIENTS;
80-PROVIDING FOR RULEMAKING; REQUIRING REPORTS.
81-BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
82-SECTION 1. Section 9-2A-8 NMSA 1978 (being Laws 1992,
83-Chapter 57, Section 8, as amended) is amended to read:
84-"9-2A-8. DEPARTMENT--ADDITIONAL DUTIES.--In addition to
85-other duties provided by law or assigned to the department by
86-the governor, the department shall:
87-A. develop priorities for department services and
88-resources based on state policy and national best-practice
89-standards and local considerations and priorities;
90-B. strengthen collaboration and coordination in
91-state and local services for children, youth and families by
92-integrating critical functions as appropriate, including
93-service delivery, and contracting for services across
94-divisions and related agencies;
95-C. develop and maintain a statewide database,
96-including client tracking of services for children, youth and
97-families;
98-D. develop standards of service within the
99-department that focus on prevention, monitoring and outcomes;
100-E. analyze policies of other departments that
101-affect children, youth and families to encourage common
102-contracting procedures, common service definitions and a SJC/SRC/SB 42
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90+age or older;
91+C. "child" means a person who is less than eighteen
92+years old;
93+D. "council" means the substitute care advisory
94+council established pursuant to Section 32A-8-4 NMSA 1978;
95+E. "court", when used without further
96+qualification, means the children's court division of the
97+district court and includes the judge, special master or
98+commissioner appointed pursuant to the provisions of the
99+Children's Code or supreme court rule;
100+F. "court-appointed special advocate" means a
101+person appointed pursuant to the provisions of the Children's
102+Court Rules to assist the court in determining the best
103+interests of the child by investigating the case and submitting
104+a report to the court;
105+G. "custodian" means an adult with whom the child
106+lives who is not a parent or guardian of the child;
107+H. "department" means the children, youth and
108+families department, unless otherwise specified;
109+I. "disproportionate minority contact" means the
110+involvement of a racial or ethnic group with the criminal or
111+juvenile justice system at a proportion either higher or lower
112+than that group's proportion in the general population;
113+J. "federal Indian Child Welfare Act of 1978" means
114+the federal Indian Child Welfare Act of 1978, as that act may
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129-uniform system of access;
130-F. adopt rules to control disposition and
131-placement of children under the Children's Code, including
132-rules to limit or prohibit the out-of-state placement of
133-children, including those who have developmental disabilities
134-or emotional, neurobiological or behavioral disorders, when
135-in-state alternatives are available;
136-G. develop reimbursement criteria for licensed
137-child care centers and licensed home providers establishing
138-that accreditation by a department-approved national
139-accrediting body is sufficient qualification for the child
140-care center or home provider to receive the highest
141-reimbursement rate paid by the department;
142-H. assume and implement responsibility for
143-children's mental health and substance abuse services in the
144-state, coordinating with the health care authority and the
145-department of health;
146-I. assume and implement the lead responsibility
147-among all departments for domestic violence services;
148-J. implement prevention and early intervention as
149-a departmental focus;
150-K. conduct biennial assessments of service gaps
151-and needs and establish outcome measurements to address those
152-service gaps and needs, including recommendations from the
153-governor's children's cabinet and the children, youth and SJC/SRC/SB 42
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143+be amended or its sections renumbered;
144+K. "foster parent" means a person, including a
145+relative of the child, licensed or certified by the department
146+or a child placement agency to provide care for children in the
147+custody of the department or agency;
148+L. "guardian" means a person appointed as a
149+guardian by a court or Indian tribal authority;
150+M. "guardian ad litem" means an attorney appointed
151+by the children's court to represent and protect the best
152+interests of the child in a case; provided that no party or
153+employee or representative of a party to the case shall be
154+appointed to serve as a guardian ad litem;
155+N. "Indian" means, whether an adult or child, a
156+person who is:
157+(1) a member of an Indian tribe; or
158+(2) eligible for membership in an Indian
159+tribe;
160+O. "Indian child" means an Indian person, or a
161+person whom there is reason to know is an Indian person, under
162+eighteen years of age, who is neither:
163+(1) married; or
164+(2) emancipated;
165+P. "Indian child's tribe" means:
166+(1) the Indian tribe in which an Indian child
167+is a member or eligible for membership; or
168+.230072.1GLG
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180-families advisory committee;
181-L. ensure that behavioral health services
182-provided, including mental health and substance abuse
183-services for children, adolescents and their families, shall
184-be in compliance with requirements of Section 24A-3-1
185-NMSA 1978 and any rules adopted pursuant to that section;
186-M. develop and implement the families first
187-strategic plan for the delivery of services and access to
188-programs as required pursuant to the Families First Act; and
189-N. fingerprint and conduct nationwide criminal
190-history record searches on all department employees, staff
191-members and volunteers whose jobs involve direct contact with
192-department clients, including prospective employees and
193-employees who are promoted, transferred or hired into new
194-positions, and the superiors of all department employees,
195-staff members and volunteers who have direct unsupervised
196-contact with department clients."
197-SECTION 2. A new section of the Children, Youth and
198-Families Department Act is enacted to read:
199-"ELECTRONIC RECORDS--RETENTION.--
200-A. Employees of the department shall not erase
201-data from the electronic devices issued by the department to
202-employees for communication related to the performance of
203-duties within the scope of their employment by the
204-department. SJC/SRC/SB 42
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196+(2) in the case of an Indian child who is a
197+member or eligible for membership in more than one tribe, the
198+Indian tribe with which the Indian child has more significant
199+contacts;
200+Q. "Indian custodian" means an Indian who, pursuant
201+to tribal law or custom or pursuant to state law:
202+(1) is an adult with legal custody of an
203+Indian child; or
204+(2) has been transferred temporary physical
205+care, custody and control by the parent of the Indian child;
206+R. "Indian tribe" means an Indian nation, tribe,
207+pueblo or other band, organized group or community of Indians
208+recognized as eligible for the services provided to Indians by
209+the secretary because of their status as Indians, including an
210+Alaska native village as defined in 43 U.S.C. Section 1602(c)
211+or a regional corporation as defined in 43 U.S.C. Section 1606.
212+For the purposes of notification to and communication with a
213+tribe as required in the Indian Family Protection Act, "Indian
214+tribe" also includes those tribal officials and staff who are
215+responsible for child welfare and social services matters;
216+S. "judge", when used without further
217+qualification, means the judge of the court;
218+T. "legal custody" means a legal status created by
219+order of the court or other court of competent jurisdiction or
220+by operation of statute that vests in a person, department or
221+.230072.1GLG
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231-B. Electronic devices issued by the department to
232-employees shall only include software and applications that
233-are compliant with federal data retention and protection
234-laws.
235-C. By January 1, 2026, the department shall
236-implement a system, approved by the department of information
237-technology, that will back up on a daily basis all electronic
238-records generated or received by employees of the department
239-related to the performance of their duties within the scope
240-of their employment by the department.
241-D. During the term of an employee's employment by
242-the department, and for a period of at least seven years
243-after the termination of an employee's employment by the
244-department, the department shall retain all electronic
245-records stored on electronic devices used by department
246-employees and all electronic records that have been backed up
247-from electronic devices used by department employees. The
248-department shall back up the retained electronic records
249-daily, monthly and annually.
250-E. As used in this section:
251-(1) "back up" means to electronically copy
252-in a recoverable format to a searchable database maintained
253-by the department all electronic records generated by or
254-contained within an electronic device;
255-(2) "electronic device" means a telephone, SJC/SRC/SB 42
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249+agency the right to determine where and with whom a child shall
250+live; the right and duty to protect, train and discipline the
251+child and to provide the child with food, shelter, personal
252+care, education and ordinary and emergency medical care; the
253+right to consent to major medical, psychiatric, psychological
254+and surgical treatment and to the administration of legally
255+prescribed psychotropic medications pursuant to the Children's
256+Mental Health and Developmental Disabilities Act; and the right
257+to consent to the child's enlistment in the armed forces of the
258+United States;
259+U. "member" or "membership" means a determination
260+made by an Indian tribe that a person is a member of or
261+eligible for membership in that Indian tribe;
262+V. "parent" or "parents" means a biological or
263+adoptive parent if the biological or adoptive parent has a
264+constitutionally protected liberty interest in the care and
265+custody of the child or a person who has lawfully adopted an
266+Indian child pursuant to state law or tribal law or tribal
267+custom;
268+W. "permanency plan" means a determination by the
269+court that the child's interest will be served best by:
270+(1) reunification;
271+(2) placement for adoption after the parents'
272+rights have been relinquished or terminated or after a motion
273+has been filed to terminate parental rights;
274+.230072.1GLG
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282-tablet, computer, watch or similar device used to generate,
283-store or transfer information; and
284-(3) "electronic records" means information
285-generated by, transmitted by or stored on an electronic
286-device, including electronic mail, voicemail, text and
287-instant messages, documents and photographs, regardless of
288-the platform being used, including interagency
289-communications."
290-SECTION 3. Section 32A-1-4 NMSA 1978 (being Laws 1993,
291-Chapter 77, Section 13, as amended) is amended to read:
292-"32A-1-4. DEFINITIONS.--As used in the Children's Code:
293-A. "active efforts" means efforts that are
294-affirmative, active, thorough and timely and that represent a
295-higher standard of conduct than reasonable efforts;
296-B. "adult" means a person who is eighteen years of
297-age or older;
298-C. "child" means a person who is less than
299-eighteen years old;
300-D. "council" means the substitute care advisory
301-council established pursuant to Section 32A-8-4 NMSA 1978;
302-E. "court", when used without further
303-qualification, means the children's court division of the
304-district court and includes the judge, special master or
305-commissioner appointed pursuant to the provisions of the
306-Children's Code or supreme court rule; SJC/SRC/SB 42
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302+(3) placement with a person who will be the
303+child's permanent guardian;
304+(4) placement in the legal custody of the
305+department with the child placed in the home of a fit and
306+willing relative; or
307+(5) placement in the legal custody of the
308+department under a planned permanent living arrangement;
309+X. "person" means an individual or any other form
310+of entity recognized by law;
311+Y. "plan of safe care" means a written plan created
312+by a health care professional intended to ensure the immediate
313+and ongoing safety and well-being of a substance-exposed
314+newborn by addressing the treatment needs of the child and any
315+of the child's parents, relatives, guardians, family members or
316+caregivers to the extent those treatment needs are relevant to
317+the safety of the child;
318+Z. "preadoptive parent" means a person with whom a
319+child has been placed for adoption;
320+AA. "protective supervision" means the right to
321+visit the child in the home where the child is residing,
322+inspect the home, transport the child to court-ordered
323+diagnostic examinations and evaluations and obtain information
324+and records concerning the child;
325+BB. "relative" means a person related to another
326+person:
327+.230072.1GLG
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333-F. "court-appointed special advocate" means a
334-person appointed pursuant to the provisions of the Children's
335-Court Rules to assist the court in determining the best
336-interests of the child by investigating the case and
337-submitting a report to the court;
338-G. "custodian" means an adult with whom the child
339-lives who is not a parent or guardian of the child;
340-H. "department" means the children, youth and
341-families department, unless otherwise specified;
342-I. "disproportionate minority contact" means the
343-involvement of a racial or ethnic group with the criminal or
344-juvenile justice system at a proportion either higher or
345-lower than that group's proportion in the general population;
346-J. "federal Indian Child Welfare Act of 1978"
347-means the federal Indian Child Welfare Act of 1978, as that
348-act may be amended or its sections renumbered;
349-K. "foster parent" means a person, including a
350-relative of the child, licensed or certified by the
351-department or a child placement agency to provide care for
352-children in the custody of the department or agency;
353-L. "guardian" means a person appointed as a
354-guardian by a court or Indian tribal authority;
355-M. "guardian ad litem" means an attorney appointed
356-by the children's court to represent and protect the best
357-interests of the child in a case; provided that no party or SJC/SRC/SB 42
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355+(1) by blood within the fifth degree of
356+consanguinity or through marriage by the fifth degree of
357+affinity; or
358+(2) with respect to an Indian child, as
359+established or defined by the Indian child's tribe's custom or
360+law;
361+CC. "reservation" means:
362+(1) "Indian country" as defined in 18 U.S.C.
363+Section 1151;
364+(2) any lands to which the title is held by
365+the United States in trust for the benefit of an Indian tribe
366+or individual; or
367+(3) any lands held by an Indian tribe or
368+individual subject to a restriction by the United States
369+against alienation;
370+DD. "reunification" means either a return of the
371+child to the parent or to the home from which the child was
372+removed or a return to the noncustodial parent;
373+EE. "secretary" means the United States secretary
374+of the interior;
375+FF. "substance-exposed newborn" means an infant
376+under the age of one who has been prenatally exposed to a
377+controlled substance, including a prescribed or non-prescribed
378+drug or alcohol, that may affect the infant's health or
379+development;
380+.230072.1GLG
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384-employee or representative of a party to the case shall be
385-appointed to serve as a guardian ad litem;
386-N. "Indian" means, whether an adult or child, a
387-person who is:
388-(1) a member of an Indian tribe; or
389-(2) eligible for membership in an Indian
390-tribe;
391-O. "Indian child" means an Indian person, or a
392-person whom there is reason to know is an Indian person,
393-under eighteen years of age, who is neither:
394-(1) married; or
395-(2) emancipated;
396-P. "Indian child's tribe" means:
397-(1) the Indian tribe in which an Indian
398-child is a member or eligible for membership; or
399-(2) in the case of an Indian child who is a
400-member or eligible for membership in more than one tribe, the
401-Indian tribe with which the Indian child has more significant
402-contacts;
403-Q. "Indian custodian" means an Indian who,
404-pursuant to tribal law or custom or pursuant to state law:
405-(1) is an adult with legal custody of an
406-Indian child; or
407-(2) has been transferred temporary physical
408-care, custody and control by the parent of the Indian child; SJC/SRC/SB 42
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408+[FF.] GG. "tribal court" means a court with
409+jurisdiction over child custody proceedings that is either a
410+court of Indian offenses, a court established and operated
411+under the law or custom of an Indian tribe or any other
412+administrative body that is vested by an Indian tribe with
413+authority over child custody proceedings;
414+[GG.] HH. "tribal court order" means a document
415+issued by a tribal court that is signed by an appropriate
416+authority, including a judge, governor or tribal council
417+member, and that orders an action that is within the tribal
418+court's jurisdiction; and
419+[HH.] II. "tribunal" means any judicial forum other
420+than the court."
421+SECTION 2. Section 32A-3A-2 NMSA 1978 (being Laws 1993,
422+Chapter 77, Section 64, as amended) is amended to read:
423+"32A-3A-2. DEFINITIONS.--As used in the Voluntary
424+Placement and Family Services Act:
425+A. "birthing facility" means a hospital, clinic,
426+birthing center or other location where a pregnant person gives
427+birth to a baby with assistance by a health care provider;
428+B. "CARA navigator" means a professional employed
429+by the department of health to provide intensive case
430+management linking families to resources needed to support
431+health and safety within a family. A "CARA navigator"
432+collaborates with families, hospitals, community providers and
433+.230072.1GLG
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435-R. "Indian tribe" means an Indian nation, tribe,
436-pueblo or other band, organized group or community of Indians
437-recognized as eligible for the services provided to Indians
438-by the secretary because of their status as Indians,
439-including an Alaska native village as defined in 43 U.S.C.
440-Section 1602(c) or a regional corporation as defined in
441-43 U.S.C. Section 1606. For the purposes of notification to
442-and communication with a tribe as required in the Indian
443-Family Protection Act, "Indian tribe" also includes those
444-tribal officials and staff who are responsible for child
445-welfare and social services matters;
446-S. "judge", when used without further
447-qualification, means the judge of the court;
448-T. "legal custody" means a legal status created by
449-order of the court or other court of competent jurisdiction
450-or by operation of statute that vests in a person, department
451-or agency the right to determine where and with whom a child
452-shall live; the right and duty to protect, train and
453-discipline the child and to provide the child with food,
454-shelter, personal care, education and ordinary and emergency
455-medical care; the right to consent to major medical,
456-psychiatric, psychological and surgical treatment and to the
457-administration of legally prescribed psychotropic medications
458-pursuant to the Children's Mental Health and Developmental
459-Disabilities Act; and the right to consent to the child's SJC/SRC/SB 42
460-Page 10
461+managed care organizations to identify and engage the best
462+support systems for each family with a plan of safe care;
463+C. "care coordinator" means a person assigned to a
464+newborn and the newborn's biological parents by a managed care
465+organization, private insurance or the children's medical
466+services of the family health bureau of the public health
467+division of the department of health, to coordinate the care
468+and services that the newborn or newborn's biological parents
469+need;
470+[A.] D. "child or family in need of family
471+services" means a family:
472+(1) whose child's behavior endangers the
473+child's health, safety, education or well-being;
474+(2) whose child is excessively absent from
475+public school as defined in the Attendance for Success Act;
476+(3) whose child is absent from the child's
477+place of residence for twenty-four hours or more without the
478+consent of the parent, guardian or custodian;
479+(4) in which the parent, guardian or custodian
480+of a child refuses to permit the child to live with the parent,
481+guardian or custodian; or
482+(5) in which the child refuses to live with
483+the child's parent, guardian or custodian;
484+E. "family assessment" means a comprehensive
485+assessment prepared by a CARA navigator during a home visit to
486+.230072.1GLG
487+- 9 - underscored material = new
488+[bracketed material] = delete
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486-enlistment in the armed forces of the United States;
487-U. "member" or "membership" means a determination
488-made by an Indian tribe that a person is a member of or
489-eligible for membership in that Indian tribe;
490-V. "parent" or "parents" means a biological or
491-adoptive parent if the biological or adoptive parent has a
492-constitutionally protected liberty interest in the care and
493-custody of the child or a person who has lawfully adopted an
494-Indian child pursuant to state law or tribal law or tribal
495-custom;
496-W. "permanency plan" means a determination by the
497-court that the child's interest will be served best by:
498-(1) reunification;
499-(2) placement for adoption after the
500-parents' rights have been relinquished or terminated or after
501-a motion has been filed to terminate parental rights;
502-(3) placement with a person who will be the
503-child's permanent guardian;
504-(4) placement in the legal custody of the
505-department with the child placed in the home of a fit and
506-willing relative; or
507-(5) placement in the legal custody of the
508-department under a planned permanent living arrangement;
509-X. "person" means an individual or any other form
510-of entity recognized by law; SJC/SRC/SB 42
511-Page 11
514+determine the needs of a child and the child's parents,
515+relatives, guardians or caretakers, including an assessment of
516+the likelihood of:
517+(1) imminent danger to the child's well-being;
518+(2) the child becoming an abused child or a
519+neglected child; and
520+(3) the strengths and needs of the child's
521+family members, including parents, relatives, guardians or
522+caretakers, with respect to providing for the health and safety
523+of the child;
524+[B.] F. "family services" means services that
525+address specific needs of the child or family;
526+[C.] G. "guardian" means a person appointed as a
527+guardian by a court or Indian tribal authority;
528+[D.] H. "guardianship assistance agreement" means a
529+written agreement entered into by the prospective guardian and
530+the department or Indian tribe prior to the establishment of
531+the guardianship by a court;
532+[E.] I. "guardianship assistance payments" means
533+payments made by the department to a kinship guardian or
534+successor guardian on behalf of a child pursuant to the terms
535+of a guardianship assistance agreement;
536+[F.] J. "guardianship assistance program" means the
537+financial subsidy program provided for in the Voluntary
538+Placement and Family Services Act;
539+.230072.1GLG
540+- 10 - underscored material = new
541+[bracketed material] = delete
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537-Y. "plan of safe care" means a written plan
538-created by a health care professional intended to ensure the
539-immediate and ongoing safety and well-being of a
540-substance-exposed newborn or to provide perinatal support to
541-a pregnant person with substance use disorder by addressing
542-the treatment needs of the child and any of the child's
543-parents, relatives, guardians, custodians or caretakers to
544-the extent those treatment needs are relevant to the safety
545-of the child;
546-Z. "preadoptive parent" means a person with whom a
547-child has been placed for adoption;
548-AA. "protective supervision" means the right to
549-visit the child in the home where the child is residing,
550-inspect the home, transport the child to court-ordered
551-diagnostic examinations and evaluations and obtain
552-information and records concerning the child;
553-BB. "relative" means a person related to another
554-person:
555-(1) by blood within the fifth degree of
556-consanguinity or through marriage by the fifth degree of
557-affinity; or
558-(2) with respect to an Indian child, as
559-established or defined by the Indian child's tribe's custom
560-or law;
561-CC. "reservation" means: SJC/SRC/SB 42
562-Page 12
567+[G.] K. "kinship" means the relationship that
568+exists between a child and a relative of the child, a
569+godparent, a member of the child's tribe or clan or an adult
570+with whom the child has a significant bond;
571+L. "managed care organization" means a person or
572+entity eligible to enter into risk-based prepaid capitation
573+agreements with the health care authority to provide health
574+care and related services;
575+[H.] M. "subsidized guardianship" means a
576+guardianship that meets subsidy eligibility criteria pursuant
577+to the Voluntary Placement and Family Services Act; and
578+[I.] N. "voluntary placement agreement" means a
579+written agreement between the department and the parent or
580+guardian of a child."
581+SECTION 3. Section 32A-3A-13 NMSA 1978 (being Laws 2019,
582+Chapter 190, Section 3) is amended to read:
583+"32A-3A-13. PLAN OF SAFE CARE--[GUIDELINES]
584+REQUIREMENTS--CREATION--DATA SHARING--TRAINING.--
585+[A. By January 1, 2020, the department, in
586+consultation with medicaid managed care organizations, private
587+insurers, the office of superintendent of insurance, the human
588+services department and the department of health, shall develop
589+rules to guide hospitals, birthing centers, medical providers,
590+medicaid managed care organizations and private insurers in the
591+care of newborns who exhibit physical, neurological or
592+.230072.1GLG
593+- 11 - underscored material = new
594+[bracketed material] = delete
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588-(1) "Indian country" as defined in 18 U.S.C.
589-Section 1151;
590-(2) any lands to which the title is held by
591-the United States in trust for the benefit of an Indian tribe
592-or individual; or
593-(3) any lands held by an Indian tribe or
594-individual subject to a restriction by the United States
595-against alienation;
596-DD. "reunification" means either a return of the
597-child to the parent or to the home from which the child was
598-removed or a return to the noncustodial parent;
599-EE. "secretary" means the United States secretary
600-of the interior;
601-FF. "tribal court" means a court with jurisdiction
602-over child custody proceedings that is either a court of
603-Indian offenses, a court established and operated under the
604-law or custom of an Indian tribe or any other administrative
605-body that is vested by an Indian tribe with authority over
606-child custody proceedings;
607-GG. "tribal court order" means a document issued
608-by a tribal court that is signed by an appropriate authority,
609-including a judge, governor or tribal council member, and
610-that orders an action that is within the tribal court's
611-jurisdiction; and
612-HH. "tribunal" means any judicial forum other than SJC/SRC/SB 42
613-Page 13
620+behavioral symptoms consistent with prenatal drug exposure,
621+withdrawal symptoms from prenatal drug exposure or fetal
622+alcohol spectrum disorder.
623+B. Rules shall include guidelines to hospitals,
624+birthing centers, medical providers, medicaid managed care
625+organizations and private insurers regarding:
626+(1) participation in the discharge planning
627+process, including the creation of a written plan of care that
628+shall be sent to:
629+(a) the child's primary care physician;
630+(b) a medicaid managed care organization
631+insurance plan care coordinator who will monitor the
632+implementation of the plan of care after discharge, if the
633+child is insured, or to a care coordinator in the children's
634+medical services of the family health bureau of the public
635+health division of the department of health who will monitor
636+the implementation of the plan of care after discharge, if the
637+child is uninsured; and
638+(c) the child's parent, relative,
639+guardian or caretaker who is present at discharge who shall
640+receive a copy upon discharge. The plan of care shall be
641+signed by an appropriate representative of the discharging
642+hospital and the child's parent, relative, guardian or
643+caretaker who is present at discharge;
644+(2) definitions and evidence-based screening
645+.230072.1GLG
646+- 12 - underscored material = new
647+[bracketed material] = delete
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639-the court."
640-SECTION 4. Section 32A-3A-2 NMSA 1978 (being Laws 1993,
641-Chapter 77, Section 64, as amended) is amended to read:
642-"32A-3A-2. DEFINITIONS.--As used in the Voluntary
643-Placement and Family Services Act:
644-A. "child or family in need of family services"
645-means a family:
646-(1) whose child's behavior endangers the
647-child's health, safety, education or well-being;
648-(2) whose child is excessively absent from
649-public school as defined in the Attendance for Success Act;
650-(3) whose child is absent from the child's
651-place of residence for twenty-four hours or more without the
652-consent of the parent, guardian or custodian;
653-(4) in which the parent, guardian or
654-custodian of a child refuses to permit the child to live with
655-the parent, guardian or custodian; or
656-(5) in which the child refuses to live with
657-the child's parent, guardian or custodian;
658-B. "family services" means services that address
659-specific needs of the child or family;
660-C. "guardian" means a person appointed as a
661-guardian by a court or Indian tribal authority or a person
662-authorized to care for a child by a parental power of
663-attorney as permitted by law; SJC/SRC/SB 42
664-Page 14
673+tools, based on standards of professional practice, to be used
674+by health care providers to identify a child born affected by
675+substance use or withdrawal symptoms resulting from prenatal
676+drug exposure or a fetal alcohol spectrum disorder;
677+(3) collection and reporting of data to meet
678+federal and state reporting requirements, including the
679+following:
680+(a) by hospitals and birthing centers to
681+the department when: 1) a plan of care has been developed; and
682+2) a family has been referred for a plan of care;
683+(b) information pertaining to a child
684+born and diagnosed by a health care professional as affected by
685+substance abuse, withdrawal symptoms resulting from prenatal
686+drug exposure or a fetal alcohol spectrum disorder; and
687+(c) data collected by hospitals and
688+birthing centers for use by the children's medical services of
689+the family health bureau of the public health division of the
690+department of health in epidemiological reports and to support
691+and monitor a plan of care. Information reported pursuant to
692+this subparagraph shall be coordinated with communication to
693+insurance carrier care coordinators to facilitate access to
694+services for children and parents, relatives, guardians or
695+caregivers identified in a plan of care;
696+(4) identification of appropriate agencies to
697+be included as supports and services in the plan of care, based
698+.230072.1GLG
699+- 13 - underscored material = new
700+[bracketed material] = delete
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690-D. "guardianship assistance agreement" means a
691-written agreement entered into by the prospective guardian
692-and the department or Indian tribe prior to the establishment
693-of the guardianship by a court;
694-E. "guardianship assistance payments" means
695-payments made by the department to a kinship guardian or
696-successor guardian on behalf of a child pursuant to the terms
697-of a guardianship assistance agreement;
698-F. "guardianship assistance program" means the
699-financial subsidy program provided for in the Voluntary
700-Placement and Family Services Act;
701-G. "kinship" means the relationship that exists
702-between a child and a relative of the child, a godparent, a
703-member of the child's tribe or clan or an adult with whom the
704-child has a significant bond;
705-H. "managed care organization" means a person or
706-entity eligible to enter into risk-based capitation
707-agreements with the health care authority to provide health
708-care and related services;
709-I. "subsidized guardianship" means a guardianship
710-that meets subsidy eligibility criteria pursuant to the
711-Voluntary Placement and Family Services Act; and
712-J. "voluntary placement agreement" means a written
713-agreement between the department and the parent or guardian
714-of a child." SJC/SRC/SB 42
715-Page 15
726+on an assessment of the needs of the child and the child's
727+relatives, parents, guardians or caretakers, performed by a
728+discharge planner prior to the child's discharge from the
729+hospital or birthing center, which may include:
730+(a) public health agencies;
731+(b) maternal and child health agencies;
732+(c) home visitation programs;
733+(d) substance use disorder prevention
734+and treatment providers;
735+(e) mental health providers;
736+(f) public and private children and
737+youth agencies;
738+(g) early intervention and developmental
739+services;
740+(h) courts;
741+(i) local education agencies;
742+(j) managed care organizations; or
743+(k) hospitals and medical providers; and
744+(5) engagement of the child's relatives,
745+parents, guardians or caretakers in order to identify the need
746+for access to treatment for any substance use disorder or other
747+physical or behavioral health condition that may impact the
748+safety, early childhood development and well-being of the
749+child.]
750+A. A birthing facility shall participate in the
751+.230072.1GLG
752+- 14 - underscored material = new
753+[bracketed material] = delete
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741-SECTION 5. Section 32A-3A-13 NMSA 1978 (being
742-Laws 2019, Chapter 190, Section 3) is amended to read:
743-"32A-3A-13. PLAN OF SAFE CARE--GUIDELINES--CREATION--
744-DATA SHARING--TRAINING.--
745-A. By July 1, 2026, the health care authority, in
746-consultation with medicaid managed care organizations,
747-private insurers, the office of superintendent of insurance,
748-the children, youth and families department and the
749-department of health, shall develop rules to guide hospitals,
750-birthing centers, medical providers, medicaid managed care
751-organizations and private insurers in the care of newborns
752-who exhibit physical, neurological or behavioral symptoms
753-consistent with prenatal drug exposure, withdrawal symptoms
754-from prenatal drug exposure or fetal alcohol spectrum
755-disorder.
756-B. Rules shall include guidelines to hospitals,
757-birthing centers, medical providers, medicaid managed care
758-organizations and private insurers regarding:
759-(1) participation in the plan of safe care
760-development process, which may occur at a prenatal or
761-perinatal medical visit and shall occur prior to a
762-substance-exposed child's discharge from a hospital. The
763-plan of safe care development process shall allow for the
764-creation of a written plan of safe care that shall be sent
765-to: SJC/SRC/SB 42
766-Page 16
779+discharge planning process, including the creation of a written
780+plan of safe care that shall be created prior to a substance-
781+exposed newborn's discharge from a birthing facility and sent
782+immediately to the child's primary care physician, the
783+department of health and the department. The:
784+(1) substance-exposed newborn's parent,
785+relative, guardian or caretaker who is present at discharge
786+shall receive a copy of the plan of safe care upon discharge.
787+The plan of safe care shall be signed by an appropriate
788+representative of the discharging birthing facility and the
789+substance-exposed newborn's parent, relative, guardian or
790+caretaker who is present at discharge; and
791+(2) health care providers employed at a
792+birthing facility shall use definitions and evidence-based
793+screening tools based on standards of professional practice to
794+identify a substance-exposed newborn affected by substance use
795+or withdrawal symptoms resulting from prenatal drug exposure or
796+a fetal alcohol spectrum disorder.
797+B. The plan of safe care:
798+(1) shall include a referral to early
799+intervention family infant toddler program;
800+(2) may include referrals to:
801+(a) public health agencies;
802+(b) maternal and child health agencies;
803+(c) mental health care providers;
804+.230072.1GLG
805+- 15 - underscored material = new
806+[bracketed material] = delete
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792-(a) the child's primary care physician;
793-(b) a medicaid managed care
794-organization insurance plan care coordinator or a care
795-coordinator employed by or contracted with the health care
796-authority;
797-(c) the child's parent, relative,
798-guardian or caretaker who is present at discharge who shall
799-receive a copy upon discharge. The plan of safe care shall
800-be signed by an appropriate representative of the discharging
801-hospital and the child's parent, relative, guardian or
802-caretaker who is present at discharge; and
803-(d) if the child's parent, relative,
804-guardian, custodian or caretaker resides on tribal land, the
805-respective Indian tribe shall be sent a copy of the plan of
806-safe care within twenty-four hours of the child's discharge;
807-(2) definitions and evidence-based screening
808-tools, based on standards of professional practice, to be
809-used by health care providers to identify a child born
810-affected by substance use or withdrawal symptoms resulting
811-from prenatal drug exposure or a fetal alcohol spectrum
812-disorder. The rules shall include a requirement that all
813-hospitals, birthing centers and prenatal care providers use
814-the screening, brief intervention and referral to treatment
815-program at all prenatal or perinatal medical visits and live
816-births; SJC/SRC/SB 42
817-Page 17
832+(d) infant mental health care providers;
833+(e) public and private children and
834+youth agencies;
835+(f) developmental services;
836+(g) courts;
837+(h) local education agencies;
838+(i) managed care organizations; or
839+(j) hospitals and medical providers; and
840+(3) shall, at a minimum, include the
841+following:
842+(a) the substance-exposed newborn's
843+name, date of birth and date of discharge;
844+(b) an emergency contact for a family
845+member of the substance-exposed newborn;
846+(c) the address for the caregiver who
847+will be taking the substance-exposed newborn home from the
848+birthing facility;
849+(d) the substances to which the
850+substance-exposed newborn was exposed;
851+(e) a consideration of whether: 1) the
852+substance-exposed newborn's exposure occurred as a result of
853+medication-assisted treatment or medication prescribed for the
854+pregnant parent by a health care provider; and 2) the parent
855+who gave birth to the substance-exposed newborn is, or will be,
856+actively engaged in ongoing substance use disorder treatment
857+.230072.1GLG
858+- 16 - underscored material = new
859+[bracketed material] = delete
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843-(3) collection and reporting of data to meet
844-federal and state reporting requirements, including the
845-following:
846-(a) by hospitals and birthing centers
847-to the department when: 1) a plan of safe care has been
848-developed; and 2) a family has been referred for a plan of
849-safe care;
850-(b) information pertaining to a child
851-born and diagnosed by a health care professional as affected
852-by substance abuse, withdrawal symptoms resulting from
853-prenatal drug exposure or a fetal alcohol spectrum disorder;
854-and
855-(c) data collected by hospitals and
856-birthing centers for use by the children's medical services
857-of the family health bureau of the public health division of
858-the department of health in epidemiological reports and to
859-support and monitor a plan of safe care. Information
860-reported pursuant to this subparagraph shall be coordinated
861-with communication to insurance carrier care coordinators to
862-facilitate access to services for children and parents,
863-relatives, guardians, custodians or caretakers identified in
864-a plan of safe care;
865-(4) requirements for the health care
866-authority to:
867-(a) ensure that there is at least one SJC/SRC/SB 42
868-Page 18
885+following discharge that would mitigate the future risk of harm
886+to the substance-exposed newborn;
887+(f) the family members that will be
888+living with the substance-exposed newborn who have substance
889+use disorders; and
890+(g) a determination that the substance-
891+exposed newborn will have a safe sleep environment.
892+C. After a plan of safe care is received, the CARA
893+navigator shall conduct an in-home visit with the substance-
894+exposed newborn's family and shall engage the substance-exposed
895+newborn's relatives, parents, guardians or caretakers and
896+conduct a family assessment in order to identify the need for
897+access to treatment for any substance use disorder or other
898+physical or behavioral health condition that may impact the
899+safety, early childhood development and well-being of the
900+substance-exposed newborn.
901+D. By January 1, 2026, the department of health, in
902+consultation with medicaid managed care organizations, private
903+insurers, the office of superintendent of insurance, the health
904+care authority and the department, shall develop rules to guide
905+hospitals, birthing facilities, medical providers, medicaid
906+managed care organizations and private insurers in the care of
907+substance-exposed newborns who exhibit physical, neurological
908+or behavioral symptoms consistent with prenatal drug exposure,
909+withdrawal symptoms from prenatal drug exposure or fetal
910+.230072.1GLG
911+- 17 - underscored material = new
912+[bracketed material] = delete
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894-care coordinator available in each birthing hospital in the
895-state;
896-(b) ensure that all substance-exposed
897-children who have a plan of safe care receive care
898-coordination to implement the plan of safe care;
899-(c) provide training to hospital staff,
900-birthing center staff and prenatal care providers on the
901-screening, brief intervention and referral to treatment
902-program; and
903-(d) communicate, collaborate and
904-consult with an Indian child's tribe to ensure that plans of
905-safe care are developed in a culturally responsive manner for
906-each child;
907-(5) identification of appropriate agencies
908-to be included as supports and services in the plan of safe
909-care, based on an assessment of the needs of the child and
910-the child's relatives, parents, guardians, custodians or
911-caretakers, performed by a discharge planner prior to the
912-child's discharge from the hospital or birthing center,
913-which:
914-(a) shall include: 1) home visitation
915-programs or early intervention family infant toddler
916-programs; and 2) substance use disorder prevention and
917-treatment providers; and
918-(b) may include: 1) public health SJC/SRC/SB 42
919-Page 19
938+alcohol spectrum disorder. Rules shall include requirements
939+for hospitals, birthing facilities, medical providers, medicaid
940+managed care organizations, state agencies and private insurers
941+regarding procedures for monitoring compliance with plans of
942+safe care and evaluating outcomes for substance-exposed
943+newborns and the families of substance-exposed newborns. The
944+procedures shall include requirements for:
945+(1) CARA navigators to immediately triage a
946+case after receiving notification of the creation of a plan of
947+safe care by identifying any known risks to a substance-exposed
948+newborn and thereafter arranging a home visit and completing a
949+family assessment;
950+(2) CARA navigators to make active efforts to
951+connect substance-exposed newborns and the families of
952+substance-exposed newborns to services to which they have been
953+referred;
954+(3) care coordinators and CARA navigators to
955+work in partnership to ensure that plans of safe care are
956+followed;
957+(4) updates to plans of safe care made by CARA
958+navigators to offer or provide referrals for counseling,
959+training or other services aimed at addressing the underlying
960+causative factors that may jeopardize the safety or well-being
961+of a substance-exposed newborn;
962+(5) the collection and reporting of data to
963+.230072.1GLG
964+- 18 - underscored material = new
965+[bracketed material] = delete
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945-agencies; 2) maternal and child health agencies; 3) mental
946-health providers; 4) infant mental health providers;
947-5) public and private children and youth agencies; 6) early
948-intervention and developmental services; 7) courts; 8) local
949-education agencies; 9) managed care organizations; or
950-10) hospitals and medical providers;
951-(6) information that shall be in a written
952-plan of safe care, including:
953-(a) the child's name;
954-(b) an emergency contact for at least
955-one of the child's parents, relatives, guardians, custodians
956-or caretakers;
957-(c) the address for the parent,
958-relative, guardian, custodian or caretaker who will be taking
959-the child home from the birthing facility; and
960-(d) the names of the parents,
961-relatives, guardians, custodians or caretakers who will be
962-living with the child;
963-(7) engagement of the child's relatives,
964-parents, guardians, custodians or caretakers in order to
965-identify the need for access to treatment for any substance
966-use disorder or other physical or behavioral health condition
967-that may impact the safety, early childhood development and
968-well-being of the child; and
969-(8) implementation of plans of safe care SJC/SRC/SB 42
970-Page 20
991+meet federal and state reporting requirements, including the
992+following:
993+(a) the collection and reporting of data
994+by hospitals and birthing facilities to the department and the
995+department of health when a plan of safe care has been
996+developed;
997+(b) information pertaining to a
998+substance-exposed newborn diagnosed by a health care
999+professional as affected by substance abuse, withdrawal
1000+symptoms resulting from prenatal drug exposure or a fetal
1001+alcohol spectrum disorder;
1002+(c) data collected by hospitals and
1003+birthing facilities for use by the children's medical services
1004+of the family health bureau of the public health division of
1005+the department of health in epidemiological reports and to
1006+support and monitor a plan of safe care. Information reported
1007+pursuant to this subparagraph shall be coordinated with care
1008+coordinators to facilitate access to services for children and
1009+parents, relatives, guardians or caregivers identified in a
1010+plan of safe care; and
1011+(d) the department of health's
1012+collection of disaggregated data on substance-exposed newborns
1013+that includes the: 1) number of substance-exposed newborns
1014+identified each year; 2) total number of services provided to
1015+substance-exposed newborns; and 3) outcomes achieved.
1016+.230072.1GLG
1017+- 19 - underscored material = new
1018+[bracketed material] = delete
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996-that shall include requirements for care coordinators to:
997-(a) actively work with pregnant persons
998-or a substance-exposed child's parents, relatives, guardians,
999-family members or caretakers to refer and connect the
1000-pregnant person or substance-exposed child's parents,
1001-relatives, guardians, family members or caretakers to
1002-necessary services. Care coordinators shall use an
1003-evidence-based intensive care coordination model that is
1004-listed in the federal Title IV-E prevention services
1005-clearinghouse or another nationally recognized evidence-based
1006-clearinghouse for child welfare; and
1007-(b) attempt to make contact with
1008-persons who are not following the plan of safe care using
1009-multiple methods, including in person, by mail, by phone call
1010-or by text message. If a pregnant person or a
1011-substance-exposed child's parents, relatives, guardians,
1012-family members or caretakers are not following the plan of
1013-safe care, care coordinators shall make attempts to contact
1014-and provide support services to persons who are not following
1015-the plan of safe care.
1016-C. Reports made pursuant to Paragraph (3) of
1017-Subsection B of this section shall be collected by the
1018-department as distinct and separate from any child abuse
1019-report as captured and held or investigated by the
1020-department, such that the reporting of a plan of safe care SJC/SRC/SB 42
1021-Page 21
1044+Information collected pursuant to this subparagraph shall be
1045+reported to the legislature annually; and
1046+(6) confidentiality related to plans of safe
1047+care.
1048+[C.] E. Reports made pursuant to Paragraph [(3) ]
1049+(5) of Subsection [B] D of this section shall be collected by
1050+the department and the department of health as distinct and
1051+separate from any child abuse report as captured and held or
1052+investigated by the department, such that the reporting of a
1053+plan of care shall not constitute a report of suspected child
1054+abuse and neglect and shall not initiate investigation by the
1055+department or a report to law enforcement.
1056+[D.] F. The department of health shall summarize
1057+and report data received pursuant to Paragraph [(3) ] (5) of
1058+Subsection [B] D of this section at intervals as needed to meet
1059+federal regulations.
1060+[E.] G. The children's medical services of the
1061+family health bureau of the public health division of the
1062+department of health shall collect and record data reported
1063+pursuant to Subparagraph (c) of Paragraph [(3) ] (5) of
1064+Subsection [B] D of this section to support and monitor care
1065+coordination of plans of safe care for [children born ]
1066+substance-exposed newborns without insurance.
1067+[F.] H. Reports made pursuant to the requirements
1068+in this section shall not be construed to relieve a person of
1069+.230072.1GLG
1070+- 20 - underscored material = new
1071+[bracketed material] = delete
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1047-shall not constitute a report of suspected child abuse and
1048-neglect and shall not initiate investigation by the
1049-department or a report to law enforcement.
1050-D. The department shall summarize and report data
1051-received pursuant to Paragraph (3) of Subsection B of this
1052-section at intervals as needed to meet federal regulations.
1053-E. The health care authority shall provide an
1054-annual report to the legislative finance committee, the
1055-interim legislative health and human services committee and
1056-the department of finance and administration on the status of
1057-the plan of safe care system. The report shall include the
1058-following aggregate statistical information related to the
1059-creation of plans of safe care:
1060-(1) the primary substances that infants were
1061-exposed to;
1062-(2) the services that infants and families
1063-were referred to;
1064-(3) the availability and uptake rate of
1065-services;
1066-(4) whether an infant or an infant's family
1067-was subsequently reported to the children, youth and families
1068-department; and
1069-(5) disaggregated demographic and geographic
1070-data.
1071-F. Reports made pursuant to the requirements in SJC/SRC/SB 42
1072-Page 22
1097+the requirement to report to the department knowledge of or a
1098+reasonable suspicion that a child is an abused or neglected
1099+child based on criteria as defined by Section 32A-4-2 NMSA
1100+1978.
1101+[G.] I. The department shall work in consultation
1102+with the department of health to create and distribute training
1103+materials to support and educate discharge planners, [or ]
1104+health care providers, care coordinators, CARA navigators and
1105+social workers on the following:
1106+(1) how to assess whether to make a referral
1107+to the department pursuant to the Abuse and Neglect Act;
1108+(2) how to assess whether to make a
1109+notification to the department pursuant to Subsection B of
1110+Section 32A-4-3 NMSA 1978 for a child who has been diagnosed as
1111+affected by substance abuse, withdrawal symptoms resulting from
1112+prenatal drug exposure or a fetal alcohol spectrum disorder;
1113+(3) how to assess whether to create a plan of
1114+safe care when a referral to the department is not required;
1115+[and]
1116+(4) the creation and deployment of a plan of
1117+safe care;
1118+(5) avoiding stigma and bias;
1119+(6) mandatory reporting requirements; and
1120+(7) proper coding of substance exposure and
1121+neonatal abstinence syndrome .
1122+.230072.1GLG
1123+- 21 - underscored material = new
1124+[bracketed material] = delete
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1098-this section shall not be construed to relieve a person of
1099-the requirement to report to the department knowledge of or a
1100-reasonable suspicion that a child is an abused or neglected
1101-child based on criteria as defined by Section 32A-4-2
1102-NMSA 1978.
1103-G. The health care authority shall create and
1104-distribute training materials to support and educate
1105-discharge planners or social workers on the following:
1106-(1) how to assess whether to make a referral
1107-to the department pursuant to the Abuse and Neglect Act;
1108-(2) how to assess whether to make a
1109-notification to the department pursuant to Subsection B of
1110-Section 32A-4-3 NMSA 1978 for a child who has been diagnosed
1111-as affected by substance abuse, withdrawal symptoms resulting
1112-from prenatal drug exposure or a fetal alcohol spectrum
1113-disorder;
1114-(3) how to assess whether to create a plan
1115-of safe care when a referral to the department is not
1116-required; and
1117-(4) the creation and deployment of a plan of
1118-safe care.
1119-H. A person shall not have a cause of action for
1120-any loss or damage caused by any act or omission resulting
1121-from the implementation of the provisions of Subsection G of
1122-this section or resulting from any training, or lack thereof, SJC/SRC/SB 42
1123-Page 23
1150+[H. No] J. A person shall not have a cause of
1151+action for any loss or damage caused by any act or omission
1152+resulting from the implementation of the provisions of
1153+Subsection [G] I of this section or resulting from any
1154+training, or lack thereof, required by Subsection [G ] I of this
1155+section.
1156+[I.] K. The training, or lack thereof, required by
1157+the provisions of Subsection [G ] I of this section shall not be
1158+construed to impose any specific duty of care.
1159+L. Any individual, entity or agency fulfilling the
1160+obligations imposed by this section or conducting activities
1161+pursuant to this section, including implementation or
1162+monitoring of compliance with a plan of safe care, shall be
1163+immune from civil or criminal liability arising from such
1164+actions. This immunity shall extend to actions taken to
1165+report, coordinate or provide services under this section;
1166+provided that the actions are not grossly negligent or
1167+conducted with willful misconduct. "
1168+SECTION 4. Section 32A-3A-14 NMSA 1978 (being Laws 2019,
1169+Chapter 190, Section 4) is amended to read:
1170+"32A-3A-14. NOTIFICATION TO THE DEPARTMENT OF
1171+NONCOMPLIANCE WITH A PLAN OF SAFE CARE.--
1172+A. The department shall be notified within three
1173+business days and shall proceed with an investigation if the
1174+parents, relatives, guardians or caretakers of a [child
1175+.230072.1GLG
1176+- 22 - underscored material = new
1177+[bracketed material] = delete
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1149-required by Subsection G of this section.
1150-I. The training, or lack thereof, required by the
1151-provisions of Subsection G of this section shall not be
1152-construed to impose any specific duty of care."
1153-SECTION 6. Section 32A-3A-14 NMSA 1978 (being
1154-Laws 2019, Chapter 190, Section 4) is amended to read:
1155-"32A-3A-14. NOTIFICATION TO THE DEPARTMENT OF
1156-NONCOMPLIANCE WITH A PLAN OF SAFE CARE.--
1157-A. If the parents, relatives, guardians,
1158-custodians or caretakers of a child released from a hospital
1159-or freestanding birthing center pursuant to a plan of safe
1160-care fail to comply with that plan, the health care
1161-authority, a medicaid managed care organization insurance
1162-plan care coordinator or a care coordinator contracted with
1163-the health care authority shall notify the department within
1164-twenty-four hours of the failure to comply and the department
1165-shall conduct a family assessment. Based on the results of
1166-the family assessment, the department may offer or provide
1167-referrals for counseling, training, or other services aimed
1168-at addressing the underlying causative factors that may
1169-jeopardize the safety or well-being of the child. The
1170-child's parents, relatives, guardians, custodians or
1171-caretakers may choose to accept or decline any service or
1172-program offered subsequent to the family assessment; provided
1173-that if the child's parents, relatives, guardians, custodians SJC/SRC/SB 42
1174-Page 24
1203+released from a hospital or freestanding birthing center
1204+pursuant to a plan of care fail to comply with that plan, the
1205+department shall be notified and the department may conduct a
1206+family assessment. Based on the results of the family
1207+assessment, the department may offer or provide referrals for
1208+counseling, training, or other services aimed at addressing the
1209+underlying causative factors that may jeopardize the safety or
1210+well-being of the child. The child's parents, relatives,
1211+guardians or caretakers may choose to accept or decline any
1212+service or program offered subsequent to the family assessment;
1213+provided that if the child's parents, relatives, guardians or
1214+caretakers decline those services or programs, the department
1215+may proceed with an investigation.
1216+B. As used in this section, "family assessment"
1217+means a comprehensive assessment prepared by the department at
1218+the time the department receives notification of failure to
1219+comply with the plan of care to determine the needs of a child
1220+and the child's parents, relatives, guardians or caretakers,
1221+including an assessment of the likelihood of:
1222+(1) imminent danger to a child's well-being;
1223+(2) the child becoming an abused child or
1224+neglected child; and
1225+(3) the strengths and needs of the child's
1226+family members, including parents, relatives, guardians or
1227+caretakers, with respect to providing for the health and safety
1228+.230072.1GLG
1229+- 23 - underscored material = new
1230+[bracketed material] = delete
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1200-or caretakers decline those services or programs, and the
1201-department determines that those services or programs are
1202-necessary to address concerns of imminent harm to the child,
1203-the department shall proceed with an investigation.
1204-B. As used in this section, "family assessment"
1205-means a comprehensive assessment prepared by the department
1206-at the time the department receives notification of failure
1207-to comply with the plan of safe care to determine the needs
1208-of a child and the child's parents, relatives, guardians,
1209-custodians or caretakers, including an assessment of the
1210-likelihood of:
1211-(1) imminent danger to a child's well-being;
1212-(2) the child becoming an abused child or
1213-neglected child; and
1214-(3) the strengths and needs of the child's
1215-family members, including parents, relatives, guardians,
1216-custodians or caretakers, with respect to providing for the
1217-health and safety of the child."
1218-SECTION 7. Section 32A-4-2 NMSA 1978 (being Laws 1993,
1219-Chapter 77, Section 96, as amended) is amended to read:
1220-"32A-4-2. DEFINITIONS.--As used in the Abuse and
1221-Neglect Act:
1222-A. "abandonment" includes instances when the
1223-parent, without justifiable cause:
1224-(1) left the child without provision for the SJC/SRC/SB 42
1225-Page 25
1256+of the child] substance-exposed newborn:
1257+(1) refuse to engage in a family assessment
1258+conducted by a CARA navigator;
1259+(2) disengage with a CARA navigator and the
1260+family assessment indicates that the parent, relative, guardian
1261+or caretaker's failure to engage with services will result in
1262+risk of imminent harm to the substance-exposed newborn; or
1263+(3) fail to comply with a plan of safe care.
1264+B. Any individual, entity or agency fulfilling the
1265+obligations imposed by this section or conducting activities
1266+pursuant to this section, including implementation or
1267+monitoring of compliance with a plan of safe care, shall be
1268+immune from civil or criminal liability arising from such
1269+actions. This immunity shall extend to actions taken to
1270+report, coordinate or provide services under this section;
1271+provided that the actions are not grossly negligent or
1272+conducted with willful misconduct. "
1273+SECTION 5. Section 32A-4-3 NMSA 1978 (being Laws 1993,
1274+Chapter 77, Section 97, as amended) is amended to read:
1275+"32A-4-3. DUTY TO REPORT CHILD ABUSE AND CHILD NEGLECT--
1276+RESPONSIBILITY TO INVESTIGATE CHILD ABUSE OR NEGLECT--PENALTY--
1277+NOTIFICATION OF PLAN OF SAFE CARE.--
1278+A. Every person, including a licensed physician; a
1279+resident or an intern examining, attending or treating a child;
1280+a law enforcement officer; a judge presiding during a
1281+.230072.1GLG
1282+- 24 - underscored material = new
1283+[bracketed material] = delete
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1251-child's identification for a period of fourteen days; or
1252-(2) left the child with others, including
1253-the other parent or an agency, without provision for support
1254-and without communication for a period of:
1255-(a) three months if the child was under
1256-six years of age at the commencement of the three-month
1257-period; or
1258-(b) six months if the child was over
1259-six years of age at the commencement of the six-month period;
1260-B. "abused child" means a child:
1261-(1) who has suffered or who is at risk of
1262-suffering serious harm because of the action or inaction of
1263-the child's parent, guardian or custodian;
1264-(2) who has suffered physical abuse,
1265-emotional abuse or psychological abuse inflicted or caused by
1266-the child's parent, guardian or custodian;
1267-(3) who has suffered sexual abuse or sexual
1268-exploitation inflicted by the child's parent, guardian or
1269-custodian;
1270-(4) whose parent, guardian or custodian has
1271-knowingly, intentionally or negligently placed the child in a
1272-situation that may endanger the child's life or health; or
1273-(5) whose parent, guardian or custodian has
1274-knowingly or intentionally tortured, cruelly confined or
1275-cruelly punished the child; SJC/SRC/SB 42
1276-Page 26
1309+proceeding; a registered nurse; a visiting nurse; a school
1310+employee; a social worker acting in an official capacity; or a
1311+member of the clergy who has information that is not privileged
1312+as a matter of law, who knows or has a reasonable suspicion
1313+that a child is an abused or a neglected child shall report the
1314+matter immediately to:
1315+(1) a local law enforcement agency;
1316+(2) the department; or
1317+(3) a tribal law enforcement or social
1318+services agency for any Indian child residing in Indian
1319+country.
1320+B. A law enforcement agency receiving the report
1321+shall immediately transmit the facts of the report and the
1322+name, address and phone number of the reporter by telephone to
1323+the department and shall transmit the same information in
1324+writing within forty-eight hours. The department shall
1325+immediately transmit the facts of the report and the name,
1326+address and phone number of the reporter by telephone to a
1327+local law enforcement agency and shall transmit the same
1328+information in writing within forty-eight hours. The written
1329+report shall contain the names and addresses of the child and
1330+the child's parents, guardian or custodian, the child's age,
1331+the nature and extent of the child's injuries, including any
1332+evidence of previous injuries, and other information that the
1333+maker of the report believes might be helpful in establishing
1334+.230072.1GLG
1335+- 25 - underscored material = new
1336+[bracketed material] = delete
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1302-C. "aggravated circumstances" includes those
1303-circumstances in which the parent, guardian or custodian has:
1304-(1) attempted, conspired to cause or caused
1305-great bodily harm to the child or great bodily harm or death
1306-to the child's sibling;
1307-(2) attempted, conspired to cause or caused
1308-great bodily harm or death to another parent, guardian or
1309-custodian of the child;
1310-(3) attempted, conspired to subject or has
1311-subjected the child to torture, chronic abuse or sexual
1312-abuse; or
1313-(4) had parental rights over a sibling of
1314-the child terminated involuntarily;
1315-D. "educational decision maker" means an
1316-individual appointed by the children's court to attend school
1317-meetings and to make decisions about the child's education
1318-that a parent could make under law, including decisions about
1319-the child's educational setting, and the development and
1320-implementation of an individual education plan for the child;
1321-E. "fictive kin" means a person not related by
1322-birth, adoption or marriage with whom a child has an
1323-emotionally significant relationship;
1324-F. "great bodily harm" means an injury to a person
1325-that creates a high probability of death, that causes serious
1326-disfigurement or that results in permanent or protracted loss SJC/SRC/SB 42
1327-Page 27
1362+the cause of the injuries and the identity of the person
1363+responsible for the injuries. The written report shall be
1364+submitted upon a standardized form agreed to by the law
1365+enforcement agency and the department.
1366+C. The recipient of a report under Subsection A of
1367+this section shall take immediate steps to ensure prompt
1368+investigation of the report. The investigation shall ensure
1369+that immediate steps are taken to protect the health or welfare
1370+of the alleged abused or neglected child, as well as that of
1371+any other child under the same care who may be in danger of
1372+abuse or neglect. A local law enforcement officer trained in
1373+the investigation of child abuse and neglect is responsible for
1374+investigating reports of alleged child abuse or neglect at
1375+schools, daycare facilities or child care facilities.
1376+D. If the child alleged to be abused or neglected
1377+is in the care or control of or in a facility administratively
1378+connected to the department, the report shall be investigated
1379+by a local law enforcement officer trained in the investigation
1380+of child abuse and neglect. The investigation shall ensure
1381+that immediate steps are taken to protect the health or welfare
1382+of the alleged abused or neglected child, as well as that of
1383+any other child under the same care who may be in danger of
1384+abuse or neglect.
1385+E. A law enforcement agency or the department shall
1386+have access to any of the records pertaining to a child abuse
1387+.230072.1GLG
1388+- 26 - underscored material = new
1389+[bracketed material] = delete
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1353-or impairment of the function of a member or organ of the
1354-body;
1355-G. "neglected child" means a child:
1356-(1) who has been abandoned by the child's
1357-parent, guardian or custodian;
1358-(2) who is without proper parental care and
1359-control or subsistence, education, medical or other care or
1360-control necessary for the child's well-being because of the
1361-faults or habits of the child's parent, guardian or custodian
1362-or the failure or refusal of the parent, guardian or
1363-custodian, when able to do so, to provide them;
1364-(3) who has been physically or sexually
1365-abused, when the child's parent, guardian or custodian knew
1366-or should have known of the abuse and failed to take
1367-reasonable steps to protect the child from further harm;
1368-(4) whose parent, guardian or custodian is
1369-unable to discharge that person's responsibilities to and for
1370-the child because of incarceration, hospitalization or
1371-physical or mental disorder or incapacity; or
1372-(5) who has been placed for care or adoption
1373-in violation of the law; provided that nothing in the
1374-Children's Code shall be construed to imply that a child who
1375-is being provided with treatment by spiritual means alone
1376-through prayer, in accordance with the tenets and practices
1377-of a recognized church or religious denomination, by a duly SJC/SRC/SB 42
1378-Page 28
1415+or neglect case maintained by any of the persons enumerated in
1416+Subsection A of this section, except as otherwise provided in
1417+the Abuse and Neglect Act.
1418+F. A person who violates the provisions of
1419+Subsection A of this section is guilty of a misdemeanor and
1420+shall be sentenced pursuant to the provisions of Section
1421+31-19-1 NMSA 1978.
1422+G. A finding that a pregnant woman is using or
1423+abusing drugs made pursuant to an interview, self-report,
1424+clinical observation or routine toxicology screen shall not
1425+alone form a sufficient basis to report child abuse or neglect
1426+to the department pursuant to Subsection A of this section. A
1427+volunteer, contractor or staff of a hospital or freestanding
1428+birthing center shall not make a report based solely on that
1429+finding and shall make a notification pursuant to Subsection H
1430+of this section. Nothing in this subsection shall be construed
1431+to prevent a person from reporting to the department a
1432+reasonable suspicion that a child is an abused or neglected
1433+child based on other criteria as defined by Section 32A-4-2
1434+NMSA 1978, or a combination of criteria that includes a finding
1435+pursuant to this subsection.
1436+H. A volunteer, contractor or staff of a hospital
1437+or freestanding birthing center shall:
1438+(1) complete a written plan of safe care for a
1439+substance-exposed newborn as provided for by department of
1440+.230072.1GLG
1441+- 27 - underscored material = new
1442+[bracketed material] = delete
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1404-accredited practitioner thereof is for that reason alone a
1405-neglected child within the meaning of the Children's Code;
1406-and further provided that no child shall be denied the
1407-protection afforded to all children under the Children's
1408-Code;
1409-H. "personal identifier information" means a
1410-person's name and contact information, including home or
1411-business address, email address or phone number;
1412-I. "physical abuse" includes any case in which the
1413-child suffers strangulation or suffocation and any case in
1414-which the child exhibits evidence of skin bruising, bleeding,
1415-malnutrition, failure to thrive, burns, fracture of any bone,
1416-subdural hematoma, soft tissue swelling or death and:
1417-(1) there is not a justifiable explanation
1418-for the condition or death;
1419-(2) the explanation given for the condition
1420-is at variance with the degree or nature of the condition;
1421-(3) the explanation given for the death is
1422-at variance with the nature of the death; or
1423-(4) circumstances indicate that the
1424-condition or death may not be the product of an accidental
1425-occurrence;
1426-J. "relative" means a person related to another
1427-person by birth, adoption or marriage within the fifth degree
1428-of consanguinity; SJC/SRC/SB 42
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1455-K. "sexual abuse" includes criminal sexual
1456-contact, incest or criminal sexual penetration, as those acts
1457-are defined by state law;
1458-L. "sexual exploitation" includes:
1459-(1) allowing, permitting or encouraging a
1460-child to engage in prostitution;
1461-(2) allowing, permitting, encouraging or
1462-engaging a child in obscene or pornographic photographing; or
1463-(3) filming or depicting a child for obscene
1464-or pornographic commercial purposes, as those acts are
1465-defined by state law;
1466-M. "sibling" means a brother or sister having one
1467-or both parents in common by birth or adoption;
1468-N. "strangulation" has the same meaning as set
1469-forth in Section 30-3-11 NMSA 1978;
1470-O. "suffocation" has the same meaning as set forth
1471-in Section 30-3-11 NMSA 1978; and
1472-P. "transition plan" means an individualized
1473-written plan for a child, based on the unique needs of the
1474-child, that outlines all appropriate services to be provided
1475-to the child to increase independent living skills. The plan
1476-shall also include responsibilities of the child, and any
1477-other party as appropriate, to enable the child to be
1478-self-sufficient upon emancipation."
1479-SECTION 8. Section 32A-4-3 NMSA 1978 (being Laws 1993, SJC/SRC/SB 42
1480-Page 30
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1506-Chapter 77, Section 97, as amended) is amended to read:
1507-"32A-4-3. DUTY TO REPORT CHILD ABUSE AND CHILD
1508-NEGLECT--RESPONSIBILITY TO INVESTIGATE CHILD ABUSE OR
1509-NEGLECT--PENALTY--NOTIFICATION OF PLAN OF SAFE CARE.--
1510-A. Every person, including a licensed physician; a
1511-resident or an intern examining, attending or treating a
1512-child; a law enforcement officer; a judge presiding during a
1513-proceeding; a registered nurse; a visiting nurse; a school
1514-employee; a social worker acting in an official capacity; or
1515-a member of the clergy who has information that is not
1516-privileged as a matter of law, who knows or has a reasonable
1517-suspicion that a child is an abused or a neglected child
1518-shall report the matter immediately to:
1519-(1) a local law enforcement agency;
1520-(2) the department; or
1521-(3) a tribal law enforcement or social
1522-services agency for any Indian child residing in Indian
1523-country.
1524-B. A law enforcement agency receiving the report
1525-shall immediately transmit the facts of the report and the
1526-name, address and phone number of the reporter by telephone
1527-to the department and shall transmit the same information in
1528-writing within forty-eight hours. The department shall
1529-immediately transmit the facts of the report and the name,
1530-address and phone number of the reporter by telephone to a SJC/SRC/SB 42
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1557-local law enforcement agency and shall transmit the same
1558-information in writing within forty-eight hours. The written
1559-report shall contain the names and addresses of the child and
1560-the child's parents, guardian or custodian, the child's age,
1561-the nature and extent of the child's injuries, including any
1562-evidence of previous injuries, and other information that the
1563-maker of the report believes might be helpful in establishing
1564-the cause of the injuries and the identity of the person
1565-responsible for the injuries. The written report shall be
1566-submitted upon a standardized form agreed to by the law
1567-enforcement agency and the department.
1568-C. The recipient of a report under Subsection A of
1569-this section shall take immediate steps to ensure prompt
1570-investigation of the report. The investigation shall ensure
1571-that immediate steps are taken to protect the health or
1572-welfare of the alleged abused or neglected child, as well as
1573-that of any other child under the same care who may be in
1574-danger of abuse or neglect. A local law enforcement officer
1575-trained in the investigation of child abuse and neglect is
1576-responsible for investigating reports of alleged child abuse
1577-or neglect at schools, daycare facilities or child care
1578-facilities.
1579-D. If the child alleged to be abused or neglected
1580-is in the care or control of or in a facility
1581-administratively connected to the department, the report SJC/SRC/SB 42
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1608-shall be investigated by a local law enforcement officer
1609-trained in the investigation of child abuse and neglect. The
1610-investigation shall ensure that immediate steps are taken to
1611-protect the health or welfare of the alleged abused or
1612-neglected child, as well as that of any other child under the
1613-same care who may be in danger of abuse or neglect.
1614-E. A law enforcement agency or the department
1615-shall have access to any of the records pertaining to a child
1616-abuse or neglect case maintained by any of the persons
1617-enumerated in Subsection A of this section, except as
1618-otherwise provided in the Abuse and Neglect Act.
1619-F. A person who violates the provisions of
1620-Subsection A of this section is guilty of a misdemeanor and
1621-shall be sentenced pursuant to the provisions of
1622-Section 31-19-1 NMSA 1978.
1623-G. A finding that a pregnant woman is using or
1624-abusing drugs made pursuant to an interview, self-report,
1625-clinical observation or routine toxicology screen shall not
1626-alone form a sufficient basis to report child abuse or
1627-neglect to the department pursuant to Subsection A of this
1628-section. A volunteer, contractor or staff of a hospital or
1629-freestanding birthing center shall not make a report based
1630-solely on that finding and shall make a notification pursuant
1631-to Subsection H of this section. Nothing in this subsection
1632-shall be construed to prevent a person from reporting to the SJC/SRC/SB 42
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1659-department a reasonable suspicion that a child is an abused
1660-or neglected child based on other criteria as defined by
1661-Section 32A-4-2 NMSA 1978, or a combination of criteria that
1662-includes a finding pursuant to this subsection.
1663-H. A contractor or staff of a hospital,
1664-freestanding birthing center or clinic that provides prenatal
1665-or perinatal care shall:
1666-(1) complete a written plan of safe care for
1667-a substance-exposed newborn or a pregnant person who agrees
1668-to creating a plan of safe care, as provided for by
1669-department rule and the Children's Code; and
1670-(2) provide notification to the health care
1671-authority. Notification by a health care provider pursuant
1672-to this paragraph shall not be construed as a report of child
1673-abuse or neglect.
1468+health rule and the Children's Code; and
1469+(2) provide notification, in a form and manner
1470+prescribed by the department , to the department and the
1471+department of health. Notification by a health care provider
1472+pursuant to this paragraph shall not be construed as a report
1473+of child abuse or neglect.
16741474 I. As used in this section, "notification" means
1675-informing the health care authority that a substance-exposed
1676-newborn was born and providing a copy of the plan of safe
1677-care that was created for the child; provided that
1678-notification shall comply with federal guidelines and shall
1679-not constitute a report of child abuse or neglect. The
1680-health care authority shall be responsible for ensuring
1681-compliance with federal reporting requirements related to
1682-plans of safe care.
1683-J. As used in this section, "school employee" SJC/SRC/SB 42
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1475+informing the department and the department of health that a
1476+substance-exposed newborn was born and providing a copy of the
1477+plan of safe care that was created for the child; provided that
1478+notification shall comply with federal guidelines and shall not
1479+constitute a report of child abuse or neglect.
1480+J. As used in this section, "school employee"
17101481 includes employees of a school district or a public school."
1711-SECTION 9. Section 32A-4-4.1 NMSA 1978 (being
1712-Laws 2019, Chapter 137, Section 2) is amended to read:
1713-"32A-4-4.1. MULTILEVEL RESPONSE SYSTEM.--
1714-A. The department shall establish a multilevel
1715-response system to evaluate and provide services to a child
1716-or the family, relatives, caretakers or guardians of a child
1717-with respect to whom a report alleging neglect or abuse has
1718-been made. The multilevel response system may include an
1719-alternative to investigation upon completion of an evaluation
1720-that may be completed at intake by the department, the
1721-results of which indicate that there is no immediate concern
1722-for the child's safety; provided, however, that an
1723-investigation shall be conducted for any report:
1724-(1) alleging sexual abuse of a child or
1725-serious or imminent harm to a child;
1726-(2) indicating a child fatality;
1727-(3) requiring law enforcement involvement,
1728-as identified pursuant to rules promulgated by the
1729-department; or
1730-(4) requiring a specialized assessment or a
1731-traditional investigative approach, as determined pursuant to
1732-rules promulgated by the department.
1733-B. The department may remove a case from the
1734-multilevel response system and conduct an investigation if SJC/SRC/SB 42
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1761-imminent danger of serious harm to the child becomes evident.
1762-The department may reassign a case from investigation to the
1763-multilevel response system at the discretion of the
1764-department.
1765-C. For each family, including the child who is the
1766-subject of a report to the department and that child's
1767-relatives, caretakers or guardians, that receives services
1768-under the multilevel response system, the department shall
1769-conduct a family assessment. Based on the results of the
1770-family assessment, the department may offer or provide
1771-referrals for counseling, training or other services aimed at
1772-addressing the underlying causative factors jeopardizing the
1773-safety or well-being of the child who is the subject of a
1774-report to the department. A family member, relative,
1775-caretaker or guardian may choose to accept or decline any
1776-services or programs offered under the multilevel response
1777-system; provided, however, that if a family member, relative,
1778-caretaker or guardian declines services, the department may
1779-choose to proceed with an investigation.
1780-D. The department shall employ licensed social
1781-workers to provide services to families, relatives,
1782-caretakers or guardians participating in the multilevel
1783-response system to the extent that licensed social workers
1784-are available for employment.
1785-E. The department shall: SJC/SRC/SB 42
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1812-(1) provide an annual report of system
1813-implementation and outcomes to the legislative finance
1814-committee, the interim legislative health and human services
1815-committee, the interim legislative committee that studies
1816-courts, corrections and justice and the department of finance
1817-and administration as part of the department's budget
1818-submission;
1819-(2) arrange for an independent evaluation of
1820-the multilevel response system, including examining outcomes
1821-for child safety and well-being and cost-effectiveness;
1822-(3) incorporate the multilevel response
1823-system into the department's quality assurance review
1824-process;
1825-(4) develop performance measures, as
1826-provided in the Accountability in Government Act, for the
1827-multilevel response system; and
1828-(5) implement the multilevel response system
1829-statewide no later than July 1, 2027.
1830-F. The department shall promulgate rules to
1831-implement the provisions of this section.
1832-G. As used in this section, "family assessment"
1833-means a comprehensive, evidence-based assessment tool used by
1834-the department to determine the needs of a child and the
1835-child's family, relatives, caretakers or guardians at the
1836-time the department receives a report of child abuse and SJC/SRC/SB 42
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1863-neglect, including an assessment of the likelihood of:
1864-(1) imminent danger to a child's well-being;
1865-(2) the child becoming an abused child or a
1866-neglected child; and
1867-(3) the strengths and needs of the child's
1868-family members, relatives, caretakers or guardians with
1869-respect to providing for the health and safety of the child."
1870-SECTION 10. Section 32A-4-21 NMSA 1978 (being
1871-Laws 1993, Chapter 77, Section 115, as amended) is amended to
1872-read:
1873-"32A-4-21. NEGLECT OR ABUSE PREDISPOSITION STUDIES,
1874-REPORTS AND EXAMINATIONS--SUPPORT SERVICES.--
1875-A. Prior to holding a dispositional hearing, the
1876-court shall direct that a predisposition study and report be
1877-submitted in writing to the court by the department.
1878-B. The predisposition study required pursuant to
1879-Subsection A of this section shall contain the following
1880-information:
1881-(1) a statement of the specific reasons for
1882-intervention by the department or for placing the child in
1883-the department's custody and a statement of the parent's
1884-ability to care for the child in the parent's home without
1885-causing harm to the child;
1886-(2) a statement of how an intervention plan
1887-is designed to achieve placement of the child in the least SJC/SRC/SB 42
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1914-restrictive setting available, consistent with the best
1915-interests and special needs of the child, including a
1916-statement of the likely harm the child may suffer as a result
1917-of being removed from the parent's home, including emotional
1918-harm that may result due to separation from the child's
1919-parents, and a statement of how the intervention plan is
1920-designed to place the child in close proximity to the
1921-parent's home without causing harm to the child due to
1922-separation from parents, siblings or any other person who may
1923-significantly affect the child's best interest;
1924-(3) the wishes of the child as to the
1925-child's custodian;
1926-(4) a statement of the efforts the
1927-department has made to identify and locate all grandparents
1928-and other relatives and to conduct home studies on any
1929-appropriate relative expressing an interest in providing care
1930-for the child, and a statement as to whether the child has a
1931-family member who, subsequent to study by the department, is
1932-determined to be qualified to care for the child;
1933-(5) a description of services offered to the
1934-child, the child's family and the child's foster care family,
1935-which, if appropriate and available, may include families
1936-first services provided pursuant to the Families First Act,
1937-as well as referrals to income support or other services or
1938-programs, and a summary of reasonable efforts made to prevent SJC/SRC/SB 42
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1965-removal of the child from the child's family or reasonable
1966-efforts made to reunite the child with the child's family;
1967-(6) a description of the home or facility in
1968-which the child is placed and the appropriateness of the
1969-child's placement;
1970-(7) the results of any diagnostic
1971-examination or evaluation ordered at the custody hearing;
1972-(8) a statement of the child's medical and
1973-educational background;
1974-(9) a case plan that sets forth steps to
1975-ensure that the child's physical, medical, cultural,
1976-psychological and educational needs are met and that sets
1977-forth services to be provided to the child and the child's
1978-parents to facilitate permanent placement of the child in the
1979-parent's home;
1980-(10) for children sixteen years of age and
1981-older, a plan for developing the specific skills the child
1982-requires for successful transition into independent living as
1983-an adult, regardless of whether the child is returned to the
1984-child's parent's home;
1985-(11) a case plan that sets forth steps to
1986-ensure that the child's educational needs are met and, for a
1987-child fourteen years of age or older, a case plan that
1988-specifically sets forth the child's educational and
1989-post-secondary goals; and SJC/SRC/SB 42
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2016-(12) a description of the child's foster
2017-care placement and whether it is appropriate in terms of the
2018-educational setting and proximity to the school the child was
2019-enrolled in at the time of the placement, including plans for
2020-travel for the child to remain in the school in which the
2021-child was enrolled at the time of placement, if reasonable
2022-and in the child's best interest.
2023-C. A copy of the predisposition report shall be
2024-provided by the department to counsel for all parties five
2025-days before the dispositional hearing.
2026-D. If the child is an adjudicated abused child,
2027-any temporary custody orders shall remain in effect until the
2028-court has received and considered the predispositional study
2029-at the dispositional hearing."
2030-SECTION 11. Section 32A-4-33 NMSA 1978 (being
2031-Laws 1993, Chapter 77, Section 127, as amended) is amended to
2032-read:
2033-"32A-4-33. CONFIDENTIALITY--INFORMATION--PENALTY.--
2034-A. In investigations and proceedings alleging
2035-abuse or neglect, the department shall not disclose personal
2036-identifier information of the child or the child's parent,
2037-guardian or custodian, except as follows:
2038-(1) in the case of the fatality or near
2039-fatality of a child;
2040-(2) in cases in which a child is missing or SJC/SRC/SB 42
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2067-abducted or the child is or may be in danger of serious
2068-injury or death unless immediate action is taken or there are
2069-other exigent circumstances, the department shall release to
2070-law enforcement and the nationally recognized organization
2071-that serves as the national clearinghouse and resource center
2072-for information about missing and exploited children as much
2073-personal identifier information as necessary to identify the
2074-child, a possible abductor or a suspect in an abuse or
2075-neglect case or to protect evidence of a crime against the
2076-child;
2077-(3) when a child or child's parent or
2078-guardian has been publicly identified by a person outside the
2079-department, but only that personal identifier information
2080-that has been publicly identified; or
2081-(4) to the persons enumerated in
2082-Subsection G of this section.
2083-B. Department information obtained during the
2084-course of an investigation into allegations of abuse or
2085-neglect shall be maintained by the department as required by
2086-federal law as a condition of the allocation of federal funds
2087-in New Mexico. The public release of department information
2088-shall be construed as openly as possible under federal and
2089-state law.
2090-C. Information released by the department that has
2091-not otherwise been publicly released shall be redacted as SJC/SRC/SB 42
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2118-needed to safeguard personal identifier information of the
2119-child and the child's family. In a case in which a child or
2120-the child's family has been publicly identified through news
2121-reports, a lawsuit or other means, the department may respond
2122-publicly with factual and complete information about the
2123-actions the department has taken in the case.
2124-D. Except as provided in Subsections E, F and G of
2125-this section, information concerning a party to a neglect or
2126-abuse proceeding, including social records, diagnostic
2127-evaluations, psychiatric or psychological reports,
2128-videotapes, transcripts and audio recordings of a child's
2129-statement of abuse or medical reports incident to or obtained
2130-as a result of a neglect or abuse proceeding or that were
2131-produced or obtained during an investigation in anticipation
2132-of or incident to a neglect or abuse proceeding, shall be
2133-confidential and closed to the public.
2134-E. The department may release redacted information
2135-described in Subsection D of this section to a person who is
2136-conducting bona fide research or investigations, the results
2137-of which shall provide the department information on child
2138-abuse and neglect that would be useful to the department in
2139-developing policy and practice.
2140-F. In the case of a fatality, the department shall
2141-release all information described in Subsection D of this
2142-section to a person who is conducting bona fide research or SJC/SRC/SB 42
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2169-investigations, the results of which shall provide the
2170-department information on child abuse and neglect that would
2171-be useful to the department in developing policy and
2172-practice.
2173-G. The information described in Subsection D of
2174-this section shall be disclosed without redaction to the
2175-parties and:
2176-(1) court personnel and persons or entities
2177-authorized by contract with the court to review, inspect or
2178-otherwise have access to information in the court's
2179-possession;
2180-(2) court-appointed special advocates
2181-appointed to the neglect or abuse proceeding;
2182-(3) the child's guardian ad litem;
2183-(4) the attorney representing the child in
2184-an abuse or neglect action, a delinquency action or any other
2185-action under the Children's Code;
2186-(5) department personnel and persons or
2187-entities authorized by contract with the department to
2188-review, inspect or otherwise have access to information in
2189-the department's possession;
2190-(6) any local substitute care review board
2191-or any agency contracted to implement local substitute care
2192-review boards;
2193-(7) law enforcement officials, except when SJC/SRC/SB 42
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2220-use immunity is granted pursuant to Section 32A-4-11
2221-NMSA 1978;
2222-(8) district attorneys, except when use
2223-immunity is granted pursuant to Section 32A-4-11 NMSA 1978;
2224-(9) any state government or tribal
2225-government social services agency in any state or when, in
2226-the opinion of the department, it is in the best interest of
2227-the child, a governmental social services agency of another
2228-country;
2229-(10) a foster parent, if the information is
2230-that of a child currently placed with that foster parent or
2231-of a child being considered for placement with that foster
2232-parent and the information concerns the social, medical,
2233-psychological or educational needs of the child;
2234-(11) school personnel involved with the
2235-child but only if the information concerns the child's
2236-social, medical or educational needs;
2237-(12) a grandparent, parent of a sibling,
2238-relative or fictive kin, if the information pertains to a
2239-child being considered for placement with that grandparent,
2240-parent of a sibling, relative or fictive kin and the
2241-information concerns the social, medical, psychological or
2242-educational needs of the child;
2243-(13) health care or mental health
2244-professionals involved in the evaluation or treatment of the SJC/SRC/SB 42
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2271-child or of the child's parents, guardian, custodian or other
2272-family members;
2273-(14) protection and advocacy representatives
2274-pursuant to the federal Developmental Disabilities Assistance
2275-and Bill of Rights Act and the federal Protection and
2276-Advocacy for Mentally Ill Individuals Amendments Act of 1991;
2277-(15) children's safehouse organizations
2278-conducting interviews of children on behalf of a law
2279-enforcement agency or the department;
2280-(16) representatives of the federal
2281-government or their contractors authorized by federal statute
2282-or regulation to review, inspect, audit or otherwise have
2283-access to information pertaining to neglect or abuse
2284-proceedings;
2285-(17) a person attending a meeting arranged
2286-by the department to discuss the safety, well-being and
2287-permanency of a child, when the parent or child, or parent or
2288-custodian on behalf of a child younger than fourteen years of
2289-age, has consented to the disclosure;
2290-(18) the office of the state medical
2291-investigator; and
2292-(19) any other person, by order of the
2293-court, having a legitimate interest in the case or the work
2294-of the court.
2295-H. A party to a court proceeding relating to a SJC/SRC/SB 42
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2322-department investigation into allegations of abuse and
2323-neglect may comment publicly as long as the party does not
2324-disclose personal identifier information that is still
2325-confidential regarding the child or the child's parent or
2326-guardian.
2327-I. A parent, guardian or custodian whose child has
2328-been the subject of an investigation of abuse or neglect
2329-where no petition has been filed shall have the right to
2330-inspect any medical report, psychological evaluation, law
2331-enforcement reports or other investigative or diagnostic
2332-evaluation; provided that any personal identifier information
2333-related to the reporting party or any other party providing
2334-information shall be deleted or redacted. The parent,
2335-guardian or custodian shall also have the right to the
2336-results of the investigation and the right to petition the
2337-court for full access to all department records and
2338-information except that information the department finds
2339-would be likely to endanger the life or safety of a person
2340-providing information to the department.
2341-J. The department is not required by this section
2342-to disclose department information if the district attorney
2343-successfully petitions the children's court that disclosure
2344-would cause specific, material harm to a criminal
2345-investigation or prosecution.
2346-K. The department shall provide pertinent SJC/SRC/SB 42
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2373-department information upon request to a prospective adoptive
2374-parent, foster parent or guardian if the information concerns
2375-a child for whom the prospective adoptive parent, foster
2376-parent or guardian seeks to adopt or provide care.
2377-L. A person may authorize the release of
2378-department information about the person's self but shall not
2379-waive the confidentiality of department information
2380-concerning any other person.
2381-M. The department shall provide a summary of the
2382-outcome of a department investigation to the person who
2383-reported the suspected child abuse or neglect in a timely
2384-manner no later than twenty days after the deadline for
2385-closure of the investigation.
2386-N. Whoever intentionally and unlawfully releases
2387-any information closed to the public pursuant to the Abuse
2388-and Neglect Act or releases or makes other unlawful use of
2389-information in violation of that act is guilty of a petty
2390-misdemeanor and shall be sentenced pursuant to the provisions
2391-of Section 31-19-1 NMSA 1978.
2392-O. The department may promulgate rules for
2393-implementing disclosure of records pursuant to this section
2394-and in compliance with state and federal law and the
2395-Children's Court Rules.
2396-P. Nothing in this section or Section 32A-4-33.1
2397-NMSA 1978 limits the right of a person to seek documents or SJC/SRC/SB 42
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2424-information through other provisions of law.
2425-Q. Nothing in this section applies to the Indian
2426-Family Protection Act, information concerning Indian children
2427-or Indian parents, guardians or custodians, as those terms
2428-are defined in that act, or investigations or proceedings
2429-pursuant to that act."
2430-SECTION 12. Section 32A-4-33.1 NMSA 1978 (being
2431-Laws 2009, Chapter 239, Section 52) is amended to read:
2432-"32A-4-33.1. FATALITIES--NEAR FATALITIES--RECORDS
2433-RELEASE.--
2434-A. As used in this section:
2435-(1) "near fatality" means an act that, as
2436-certified by a physician, including the child's treating
2437-physician, placed a child in a serious or critical medical
2438-condition; and
2439-(2) "personal identifier information" means:
2440-(a) a person's name;
2441-(b) all but the last four digits of a
2442-person's: 1) taxpayer identification number; 2) financial
2443-account number; 3) credit or debit card number; or
2444-4) driver's license number;
2445-(c) all but the year of a person's date
2446-of birth;
2447-(d) a person's social security number;
2448-and SJC/SRC/SB 42
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2475-(e) a person's street address, but not
2476-the city, state or zip code.
2477-B. After learning that a child fatality or near
2478-fatality has occurred and that there is reasonable suspicion
2479-that the fatality or near fatality was caused by abandonment,
2480-abuse or neglect, the department shall upon written request
2481-release the following information, if in the department's
2482-possession, within five business days:
2483-(1) for a fatality:
2484-(a) the name, age and gender of the
2485-child;
2486-(b) the date and location of the
2487-fatality; and
2488-(c) the cause of death, if known;
2489-(2) for a near fatality:
2490-(a) the age and gender of the child;
2491-and
2492-(b) the type and extent of injuries;
2493-(3) for either a fatality or near fatality:
2494-(a) whether the child is currently or
2495-has been in the custody of the department within the last five
2496-years or the child's family is currently or has been served or
2497-under investigation by the department within the last five
2498-years;
2499-(b) whether the child lived with a SJC/SRC/SB 42
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2526-parent, guardian or custodian; was in foster care; was in a
2527-residential facility or detention facility; was a runaway; or
2528-had some other living arrangement;
2529-(c) whether an investigation is being
2530-conducted by the department or by a law enforcement agency, if
2531-known;
2532-(d) a detailed synopsis of prior
2533-reports of abuse or neglect involving the child, siblings or
2534-other children in the home, if applicable; and
2535-(e) actions taken by the department to
2536-ensure the safety of siblings, if applicable; and
2537-(4) any other information that is publicly
2538-known.
2539-C. Upon completion of a child abandonment, abuse
2540-or neglect investigation into a fatality or near fatality, if
2541-it is determined that abandonment, abuse or neglect caused the
2542-fatality or near fatality, the following documents shall be
2543-released upon written request:
2544-(1) a summary of the department's
2545-investigation;
2546-(2) a law enforcement investigation report,
2547-if in the department's possession;
2548-(3) the medical investigator's report, if in
2549-the department's possession; and
2550-(4) in the case of a fatality, the SJC/SRC/SB 42
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2577-department's file on the child who died.
2578-D. Prior to releasing documents specified in
2579-Subsection C of this section, the department shall consult
2580-with the district attorney and shall redact:
2581-(1) information that, in the opinion of the
2582-district attorney, would cause specific material harm to a
2583-criminal investigation or prosecution;
2584-(2) personal identifier information related
2585-to a reporting party or any other party providing information
2586-and any other child living in the home;
2587-(3) information that is privileged,
2588-confidential or not subject to disclosure pursuant to Section
2589-32A-4-33 NMSA 1978 or other state or federal law; and
2590-(4) in the case of a near fatality, personal
2591-identifier information for the child, parent, guardian,
2592-resource parent and any other child living in the home.
2593-E. If documents pursuant to this section have been
2594-released by the department, the department may comment on the
2595-case.
2596-F. Information released by the department
2597-consistent with the requirements of this section does not
2598-require prior notice to any other person.
2599-G. Nothing in this section shall be construed as
2600-requiring the department to obtain documents not in the abuse
2601-and neglect case file. SJC/SRC/SB 42
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2628-H. A person disclosing abandonment, abuse or
2629-neglect case file information as required by this section
2630-shall not be subject to suit in civil or criminal proceedings
2631-for complying with the requirements of this section.
2632-I. The department shall continue to provide timely
2633-allowable information to the public on the investigation into
2634-a case of fatality or near fatality of a child, including a
2635-summary report that shall include:
2636-(1) actions taken by the department in
2637-response to the case, including changes in policies,
2638-practices, procedures and processes that have been made to
2639-address issues raised in the investigation of the case and any
2640-recommendations for further changes in policies, practices,
2641-procedures, processes and other rules or laws to address the
2642-issues; and
2643-(2) the information described in
2644-Subsection J or K of this section.
2645-J. If the summary report involves a child who was
2646-residing in the child's home, the report shall contain a
2647-summary of all of the following:
2648-(1) whether services pursuant to the Abuse
2649-and Neglect Act were being provided to the child, a member of
2650-the child's household or a person who had been arrested for
2651-abandonment, abuse or neglect of the child prior to the time
2652-of the fatality or near fatality and the date of the last SJC/SRC/SB 42
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2679-contact between the person providing the services and the
2680-person receiving the services prior to or at the time of the
2681-fatality or near fatality;
2682-(2) whether the child, a member of the
2683-child's household or the person who had been arrested for
2684-abandonment, abuse or neglect of the child prior to the
2685-fatality or near fatality was the subject of a current or
2686-previous department report;
2687-(3) all involvement of the child's parents
2688-or the person who had been arrested for abuse or neglect of
2689-the child prior to the fatality or near fatality in a
2690-situation for which a department report was made or services
2691-provided pursuant to the Abuse and Neglect Act in the five
2692-years preceding the incident that culminated in the fatality
2693-or near fatality; and
2694-(4) any investigation pursuant to a
2695-department report concerning the child, a member of the
2696-child's household or the person who had been suspected of or
2697-arrested for the abandonment, abuse or neglect of the child or
2698-services provided to the child or the child's household since
2699-the date of the incident involving a fatality or a near
2700-fatality.
2701-K. If the summary report involves a child who was
2702-in out-of-home placement, the summary report shall include:
2703-(1) the name of the agency the licensee was SJC/SRC/SB 42
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2730-licensed by; and
2731-(2) the licensing history of the
2732-out-of-home placement, including the type of license held by
2733-the operator of the placement, the period for which the
2734-placement has been licensed and a summary of all violations by
2735-the licensee and any other actions by the licensee or an
2736-employee of the licensee that constitute a substantial failure
2737-to protect and promote the health, safety and welfare of a
2738-child.
2739-L. Nothing in this section shall apply to the
2740-Indian Family Protection Act, information or records
2741-concerning Indian children or Indian parents, guardians or
2742-custodians or investigations or proceedings pursuant to that
2743-act."
2744-SECTION 13. A new section of the Abuse and Neglect Act
2745-is enacted to read:
2746-"CREATION AND MAINTENANCE OF DASHBOARD ON DEPARTMENT
2747-WEBSITE--ANNUAL REPORT.--
2748-A. The department shall create and maintain a
2749-public, easily accessible and searchable dashboard on the
2750-department's website. The confidentiality of personal
2751-identifier information shall be safeguarded consistent with
2752-federal and state law. The dashboard shall be updated at
2753-least quarterly and shall include the data to be reported to
2754-the governor and the legislature. SJC/SRC/SB 42
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2781-B. By February 1 of each year, the department
2782-shall submit a report to the governor and the legislature that
2783-includes the following data for the prior twelve months ending
2784-on December 31:
2785-(1) the number of fatalities and near
2786-fatalities of children in the custody of the department or as
2787-a result of abandonment, abuse or neglect when in the custody
2788-of a parent, guardian, custodian or other person;
2789-(2) the number of children in department
2790-custody and the average length of time in custody, including
2791-the number of in-state and out-of-state placements in which
2792-children are placed;
2793-(3) the number of children in foster care
2794-and the length of time in foster care or living with relatives
2795-or fictive kin;
2796-(4) the number of complaints received
2797-alleging abandonment, abuse or neglect;
2798-(5) the number of investigations that
2799-resulted from the complaints, the number of complaints
2800-accepted for investigation and not accepted for investigation
2801-and the identified reasons in the aggregate for not
2802-investigating a complaint;
2803-(6) the number of children removed from the
2804-custody of a parent, guardian, custodian or other person and
2805-the reasons for removals; SJC/SRC/SB 42
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2832-(7) the number of children returned to a
2833-household from which they were removed;
2834-(8) the number of children placed in the
2835-custody of the department who have run away while in custody;
2836-(9) the number of cases in which families
2837-subject to court-ordered treatment plans or voluntary
2838-placement agreements have absconded with children placed in
2839-the custody of the department;
2840-(10) the number of adoptions and the number
2841-of adoptions for which funding was terminated prior to the
2842-child reaching the age of eighteen;
2843-(11) the number of children and cases
2844-transferred to the jurisdiction of Indian nations, tribes and
2845-pueblos pursuant to the Indian Family Protection Act; and
2846-(12) any other information the department
2847-considers of interest to the public.
2848-C. Data shall be disaggregated by age, race,
2849-ethnicity, gender, disability status and geographic location.
2850-D. The report shall be published on the
2851-department's website."
2852-SECTION 14. A new section of the Children's Code is
2853-enacted to read:
2854-"SHORT TITLE.--Sections 14 through 17 of this act may be
2855-cited as the "Families First Act"."
2856-SECTION 15. A new section of the Children's Code is SJC/SRC/SB 42
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2883-enacted to read:
2884-"DEFINITIONS.--As used in the Families First Act:
2885-A. "families first services" means foster care
2886-prevention services categorized pursuant to the federal
2887-Title IV-E prevention services clearinghouse as
2888-well-supported, supported or promising that are included in
2889-the families first strategic plan implemented pursuant to the
2890-Families First Act and are provided by the department through
2891-the implementation of that strategic plan; and
2892-B. "families first strategic plan" means the plan
2893-required pursuant to the Families First Act that is developed
2894-and implemented by the department in accordance with the
2895-regulations and requirements set forth in the federal Family
2896-First Prevention Services Act."
2897-SECTION 16. A new section of the Children's Code is
2898-enacted to read:
2899-"FAMILIES FIRST STRATEGIC PLAN--DEPARTMENT DUTIES--
2900-FAMILIES FIRST SERVICES--TIME LINE--IMPLEMENTATION.--
2901-A. In consultation with the early childhood
2902-education and care department, the health care authority and
2903-the department of health, the department shall develop and
2904-implement the families first strategic plan. In developing
2905-the families first strategic plan, the department shall:
2906-(1) ensure that provisions of the families
2907-first strategic plan align with and meet the requirements set SJC/SRC/SB 42
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2934-forth in the federal Family First Prevention Services Act; and
2935-(2) maximize resources from the federal
2936-government under Title IV-E that are available to the
2937-department to provide families first services.
2938-B. The families first strategic plan required
2939-pursuant to Subsection A of this section shall:
2940-(1) include a comprehensive description of
2941-the department's responsibilities and duties for providing
2942-families first services;
2943-(2) include a comprehensive and detailed
2944-list of each of the families first services the department
2945-will provide to eligible persons and affirm that each service
2946-to be provided:
2947-(a) is eligible for reimbursement
2948-pursuant to the federal Family First Prevention Services Act;
2949-and
2950-(b) is rated as promising, supported or
2951-well-supported in accordance with the Title IV-E prevention
2952-services clearinghouse;
2953-(3) identify all network services providers,
2954-including other state agencies, that the department will use
2955-for providing families first services. If services are
2956-provided by another state agency, the department, together
2957-with the other state agency, shall establish safety monitoring
2958-protocols for direct monitoring of the services provided by SJC/SRC/SB 42
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2985-that agency and, for each provider used by the department,
2986-list the specific families first service that the network
2987-services provider will provide, including:
2988-(a) mental health or substance abuse
2989-prevention and treatment;
2990-(b) in-home parent skill-based
2991-programs;
2992-(c) kinship navigator programs; or
2993-(d) any other programs or services that
2994-are eligible or become eligible for reimbursement pursuant to
2995-the federal Family First Prevention Services Act;
2996-(4) identify and define the population of
2997-eligible persons who may receive families first services and
2998-include, at a minimum:
2999-(a) a child who is a candidate for
3000-foster care but who can remain safely at home with the
3001-provision of evidence-based services;
3002-(b) a parent, guardian or caregiver of
3003-a child at risk of entering foster care;
3004-(c) a pregnant or parenting youth in
3005-foster care; and
3006-(d) other eligible persons identified
3007-by the department;
3008-(5) identify processes and procedures to be
3009-established and followed by the department to determine SJC/SRC/SB 42
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3036-eligibility for any families first service;
3037-(6) identify processes and procedures to be
3038-established and followed by the department to maximize federal
3039-reimbursements, funding and resources available to the
3040-department to provide families first services;
3041-(7) identify the process that the department
3042-will use to monitor and oversee the safety of children who
3043-receive families first services and programs, as required by
3044-the federal Family First Prevention Services Act;
3045-(8) establish appropriate metrics the
3046-department will use to determine and evaluate outcomes from
3047-the department's provision of families first services pursuant
3048-to the Families First Act, including outcomes related
3049-specifically to repeated substantiated reports of maltreatment
3050-of a child and the numbers of children entering foster care;
3051-(9) establish an appropriate time line and
3052-strategy for providing families first services statewide. The
3053-time line shall include the following:
3054-(a) no later than June 30, 2027, the
3055-department shall provide families first services through a
3056-pilot program that is designed for implementation considering
3057-factors such as county population density and rates of child
3058-maltreatment and repeat maltreatment; and
3059-(b) no later than June 30, 2032, the
3060-department shall provide statewide implementation of families SJC/SRC/SB 42
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3087-first services rolled out in a manner consistent with the best
3088-practices derived from the evaluation of the pilot program;
3089-(10) provide a detailed description of how
3090-the department will continuously monitor the families first
3091-strategic plan, from development of the plan through the pilot
3092-program phase and to statewide implementation. Included in
3093-that description shall be how the department will monitor key
3094-factors likely to best ensure fidelity to the service model
3095-developed within the families first strategic plan; and
3096-(11) identify the appropriate information to
3097-include in an annual report to be provided by the department
3098-to the legislative finance committee, the interim legislative
3099-health and human services committee, the interim legislative
3100-committee that studies courts, corrections and justice and the
3101-governor. At a minimum, the annual report shall include the
3102-following information:
3103-(a) an up-to-date inventory of all
3104-families first services available;
3105-(b) data, without inclusion of personal
3106-identifier information, regarding the uptake and program
3107-completion among eligible individuals of families first
3108-services, including the area of the state in which the
3109-services were accessed;
3110-(c) performance results regarding
3111-identified outcome measures, to include aggregate data about SJC/SRC/SB 42
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3138-child participant placement status at the beginning of
3139-services and one year after services and whether the child
3140-entered foster care within two years after being determined a
3141-candidate for foster care and receiving families first
3142-services; and
3143-(d) fiscal information regarding
3144-program and service expenditures and disaggregating state and
3145-federal revenue sources.
3146-C. For the purposes of this subsection, "approving
3147-authority" means the federal administration for children and
3148-families. The department shall:
3149-(1) no later than August 1, 2025, finalize
3150-the provisions of the families first strategic plan, post the
3151-plan to the department's website and provide a copy of the
3152-plan to the legislative finance committee, the interim
3153-legislative health and human services committee, the interim
3154-legislative committee that studies courts, corrections and
3155-justice and the governor;
3156-(2) no later than September 1, 2025:
3157-(a) submit the families first strategic
3158-plan to the approving authority for approval; and
3159-(b) begin providing families first
3160-services pursuant to the provisions of the Families First Act;
3161-(3) if a submitted strategic plan is not
3162-approved and the approving authority indicates that to secure SJC/SRC/SB 42
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3189-an approval, the strategic plan must be revised, as soon as
3190-practicable:
3191-(a) revise the families first strategic
3192-plan in accordance with the revisions required by the
3193-approving authority; and
3194-(b) submit the revised strategic plan
3195-to the approving authority; and
3196-(4) include in the department's reports
3197-required pursuant to the Families First Act the status of each
3198-families first strategic plan submitted to the approving
3199-authority for approval, including any specific revisions
3200-required, the dates of submissions and the dates of approval
3201-or nonapproval by the approving authority for each submitted
3202-strategic plan and any other relevant information related to
3203-the status of a families first strategic plan submitted to the
3204-approving authority by the department.
3205- D. No later than July 1, 2026, and by each July 1
3206-thereafter, the department shall post the annual report as
3207-established in the families first strategic plan pursuant to
3208-the Families First Act to the department's website, and the
3209-department shall submit the annual report to the legislative
3210-finance committee, the interim legislative health and human
3211-services committee, the interim legislative committee that
3212-studies courts, corrections and justice and the governor."
3213-SECTION 17. A new section of the Children's Code is SJC/SRC/SB 42
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3240-enacted to read:
3241-"RULES.--By August 1, 2027, the department shall
3242-promulgate and adopt rules as necessary to carry out the
3243-provisions of the Families First Act."
1482+- 28 -
1483+.230072.1GLG