SJC/SRC/SB 42
Page 1
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
AN ACT
RELATING TO CHILD WELFARE; AMENDING AND ENACTING SECTIONS OF
THE NMSA 1978 TO ENACT A NEW MEXICO CHILD SAFETY AND WELFARE
ACT; REQUIRING THE USE OF STATE-ISSUED ELECTRONIC DEVICES
WHEN PERFORMING DEPARTMENTAL DUTIES; REQUIRING THE BACKUP AND
RETENTION OF ELECTRONIC RECORDS; ENHANCING THE STATE PROGRAM
ADMINISTERED PURSUANT TO THE FEDERAL COMPREHENSIVE ADDICTION
AND RECOVERY ACT OF 2016; MOVING THAT PROGRAM FROM THE
CHILDREN, YOUTH AND FAMILIES DEPARTMENT TO THE HEALTH CARE
AUTHORITY; AMENDING REQUIREMENTS FOR PLANS OF SAFE CARE;
REQUIRING THE CHILDREN, YOUTH AND FAMILIES DEPARTMENT TO
IMPLEMENT THE MULTILEVEL RESPONSE SYSTEM STATEWIDE; ENACTING
THE FAMILIES FIRST ACT WITHIN THE CHILDREN'S CODE; REQUIRING
THE CHILDREN, YOUTH AND FAMILIES DEPARTMENT TO DEVELOP AND
IMPLEMENT A STRATEGIC PLAN FOR APPROVAL BY THE FEDERAL
ADMINISTRATION FOR CHILDREN AND FAMILIES; REQUIRING
PROVISIONS OF THE STRATEGIC PLAN TO IDENTIFY AND PROVIDE
FOSTER CARE PREVENTION SERVICES THAT MEET THE REQUIREMENTS OF
THE FEDERAL FAMILY FIRST PREVENTION SERVICES ACT; PROVIDING
ACCESS TO AND REQUIREMENTS FOR CONFIDENTIALITY OF CERTAIN
RECORDS AND INFORMATION; SPECIFYING TO WHOM AND UNDER WHAT
CIRCUMSTANCES INFORMATION THAT IS HELD BY THE CHILDREN, YOUTH
AND FAMILIES DEPARTMENT THAT PERTAINS TO CHILD ABUSE AND
NEGLECT MAY BE SHARED; REQUIRING THAT INFORMATION BE PROVIDED
ABOUT CHILD FATALITIES OR NEAR FATALITIES; PROTECTING SJC/SRC/SB 42
Page 2
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
PERSONAL IDENTIFIER INFORMATION OF DEPARTMENT CLIENTS;
PROVIDING FOR RULEMAKING; REQUIRING REPORTS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 9-2A-8 NMSA 1978 (being Laws 1992,
Chapter 57, Section 8, as amended) is amended to read:
"9-2A-8. DEPARTMENT--ADDITIONAL DUTIES.--In addition to
other duties provided by law or assigned to the department by
the governor, the department shall:
A. develop priorities for department services and
resources based on state policy and national best-practice
standards and local considerations and priorities;
B. strengthen collaboration and coordination in
state and local services for children, youth and families by
integrating critical functions as appropriate, including
service delivery, and contracting for services across
divisions and related agencies;
C. develop and maintain a statewide database,
including client tracking of services for children, youth and
families;
D. develop standards of service within the
department that focus on prevention, monitoring and outcomes;
E. analyze policies of other departments that
affect children, youth and families to encourage common
contracting procedures, common service definitions and a SJC/SRC/SB 42
Page 3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
uniform system of access;
F. adopt rules to control disposition and
placement of children under the Children's Code, including
rules to limit or prohibit the out-of-state placement of
children, including those who have developmental disabilities
or emotional, neurobiological or behavioral disorders, when
in-state alternatives are available;
G. develop reimbursement criteria for licensed
child care centers and licensed home providers establishing
that accreditation by a department-approved national
accrediting body is sufficient qualification for the child
care center or home provider to receive the highest
reimbursement rate paid by the department;
H. assume and implement responsibility for
children's mental health and substance abuse services in the
state, coordinating with the health care authority and the
department of health;
I. assume and implement the lead responsibility
among all departments for domestic violence services;
J. implement prevention and early intervention as
a departmental focus;
K. conduct biennial assessments of service gaps
and needs and establish outcome measurements to address those
service gaps and needs, including recommendations from the
governor's children's cabinet and the children, youth and SJC/SRC/SB 42
Page 4
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
families advisory committee;
L. ensure that behavioral health services
provided, including mental health and substance abuse
services for children, adolescents and their families, shall
be in compliance with requirements of Section 24A-3-1
NMSA 1978 and any rules adopted pursuant to that section;
M. develop and implement the families first
strategic plan for the delivery of services and access to
programs as required pursuant to the Families First Act; and
N. fingerprint and conduct nationwide criminal
history record searches on all department employees, staff
members and volunteers whose jobs involve direct contact with
department clients, including prospective employees and
employees who are promoted, transferred or hired into new
positions, and the superiors of all department employees,
staff members and volunteers who have direct unsupervised
contact with department clients."
SECTION 2. A new section of the Children, Youth and
Families Department Act is enacted to read:
"ELECTRONIC RECORDS--RETENTION.--
A. Employees of the department shall not erase
data from the electronic devices issued by the department to
employees for communication related to the performance of
duties within the scope of their employment by the
department. SJC/SRC/SB 42
Page 5
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
B. Electronic devices issued by the department to
employees shall only include software and applications that
are compliant with federal data retention and protection
laws.
C. By January 1, 2026, the department shall
implement a system, approved by the department of information
technology, that will back up on a daily basis all electronic
records generated or received by employees of the department
related to the performance of their duties within the scope
of their employment by the department.
D. During the term of an employee's employment by
the department, and for a period of at least seven years
after the termination of an employee's employment by the
department, the department shall retain all electronic
records stored on electronic devices used by department
employees and all electronic records that have been backed up
from electronic devices used by department employees. The
department shall back up the retained electronic records
daily, monthly and annually.
E. As used in this section:
(1) "back up" means to electronically copy
in a recoverable format to a searchable database maintained
by the department all electronic records generated by or
contained within an electronic device;
(2) "electronic device" means a telephone, SJC/SRC/SB 42
Page 6
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
tablet, computer, watch or similar device used to generate,
store or transfer information; and
(3) "electronic records" means information
generated by, transmitted by or stored on an electronic
device, including electronic mail, voicemail, text and
instant messages, documents and photographs, regardless of
the platform being used, including interagency
communications."
SECTION 3. Section 32A-1-4 NMSA 1978 (being Laws 1993,
Chapter 77, Section 13, as amended) is amended to read:
"32A-1-4. DEFINITIONS.--As used in the Children's Code:
A. "active efforts" means efforts that are
affirmative, active, thorough and timely and that represent a
higher standard of conduct than reasonable efforts;
B. "adult" means a person who is eighteen years of
age or older;
C. "child" means a person who is less than
eighteen years old;
D. "council" means the substitute care advisory
council established pursuant to Section 32A-8-4 NMSA 1978;
E. "court", when used without further
qualification, means the children's court division of the
district court and includes the judge, special master or
commissioner appointed pursuant to the provisions of the
Children's Code or supreme court rule; SJC/SRC/SB 42
Page 7
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
F. "court-appointed special advocate" means a
person appointed pursuant to the provisions of the Children's
Court Rules to assist the court in determining the best
interests of the child by investigating the case and
submitting a report to the court;
G. "custodian" means an adult with whom the child
lives who is not a parent or guardian of the child;
H. "department" means the children, youth and
families department, unless otherwise specified;
I. "disproportionate minority contact" means the
involvement of a racial or ethnic group with the criminal or
juvenile justice system at a proportion either higher or
lower than that group's proportion in the general population;
J. "federal Indian Child Welfare Act of 1978"
means the federal Indian Child Welfare Act of 1978, as that
act may be amended or its sections renumbered;
K. "foster parent" means a person, including a
relative of the child, licensed or certified by the
department or a child placement agency to provide care for
children in the custody of the department or agency;
L. "guardian" means a person appointed as a
guardian by a court or Indian tribal authority;
M. "guardian ad litem" means an attorney appointed
by the children's court to represent and protect the best
interests of the child in a case; provided that no party or SJC/SRC/SB 42
Page 8
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
employee or representative of a party to the case shall be
appointed to serve as a guardian ad litem;
N. "Indian" means, whether an adult or child, a
person who is:
(1) a member of an Indian tribe; or
(2) eligible for membership in an Indian
tribe;
O. "Indian child" means an Indian person, or a
person whom there is reason to know is an Indian person,
under eighteen years of age, who is neither:
(1) married; or
(2) emancipated;
P. "Indian child's tribe" means:
(1) the Indian tribe in which an Indian
child is a member or eligible for membership; or
(2) in the case of an Indian child who is a
member or eligible for membership in more than one tribe, the
Indian tribe with which the Indian child has more significant
contacts;
Q. "Indian custodian" means an Indian who,
pursuant to tribal law or custom or pursuant to state law:
(1) is an adult with legal custody of an
Indian child; or
(2) has been transferred temporary physical
care, custody and control by the parent of the Indian child; SJC/SRC/SB 42
Page 9
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
R. "Indian tribe" means an Indian nation, tribe,
pueblo or other band, organized group or community of Indians
recognized as eligible for the services provided to Indians
by the secretary because of their status as Indians,
including an Alaska native village as defined in 43 U.S.C.
Section 1602(c) or a regional corporation as defined in
43 U.S.C. Section 1606. For the purposes of notification to
and communication with a tribe as required in the Indian
Family Protection Act, "Indian tribe" also includes those
tribal officials and staff who are responsible for child
welfare and social services matters;
S. "judge", when used without further
qualification, means the judge of the court;
T. "legal custody" means a legal status created by
order of the court or other court of competent jurisdiction
or by operation of statute that vests in a person, department
or agency the right to determine where and with whom a child
shall live; the right and duty to protect, train and
discipline the child and to provide the child with food,
shelter, personal care, education and ordinary and emergency
medical care; the right to consent to major medical,
psychiatric, psychological and surgical treatment and to the
administration of legally prescribed psychotropic medications
pursuant to the Children's Mental Health and Developmental
Disabilities Act; and the right to consent to the child's SJC/SRC/SB 42
Page 10
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
enlistment in the armed forces of the United States;
U. "member" or "membership" means a determination
made by an Indian tribe that a person is a member of or
eligible for membership in that Indian tribe;
V. "parent" or "parents" means a biological or
adoptive parent if the biological or adoptive parent has a
constitutionally protected liberty interest in the care and
custody of the child or a person who has lawfully adopted an
Indian child pursuant to state law or tribal law or tribal
custom;
W. "permanency plan" means a determination by the
court that the child's interest will be served best by:
(1) reunification;
(2) placement for adoption after the
parents' rights have been relinquished or terminated or after
a motion has been filed to terminate parental rights;
(3) placement with a person who will be the
child's permanent guardian;
(4) placement in the legal custody of the
department with the child placed in the home of a fit and
willing relative; or
(5) placement in the legal custody of the
department under a planned permanent living arrangement;
X. "person" means an individual or any other form
of entity recognized by law; SJC/SRC/SB 42
Page 11
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Y. "plan of safe care" means a written plan
created by a health care professional intended to ensure the
immediate and ongoing safety and well-being of a
substance-exposed newborn or to provide perinatal support to
a pregnant person with substance use disorder by addressing
the treatment needs of the child and any of the child's
parents, relatives, guardians, custodians or caretakers to
the extent those treatment needs are relevant to the safety
of the child;
Z. "preadoptive parent" means a person with whom a
child has been placed for adoption;
AA. "protective supervision" means the right to
visit the child in the home where the child is residing,
inspect the home, transport the child to court-ordered
diagnostic examinations and evaluations and obtain
information and records concerning the child;
BB. "relative" means a person related to another
person:
(1) by blood within the fifth degree of
consanguinity or through marriage by the fifth degree of
affinity; or
(2) with respect to an Indian child, as
established or defined by the Indian child's tribe's custom
or law;
CC. "reservation" means: SJC/SRC/SB 42
Page 12
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
(1) "Indian country" as defined in 18 U.S.C.
Section 1151;
(2) any lands to which the title is held by
the United States in trust for the benefit of an Indian tribe
or individual; or
(3) any lands held by an Indian tribe or
individual subject to a restriction by the United States
against alienation;
DD. "reunification" means either a return of the
child to the parent or to the home from which the child was
removed or a return to the noncustodial parent;
EE. "secretary" means the United States secretary
of the interior;
FF. "tribal court" means a court with jurisdiction
over child custody proceedings that is either a court of
Indian offenses, a court established and operated under the
law or custom of an Indian tribe or any other administrative
body that is vested by an Indian tribe with authority over
child custody proceedings;
GG. "tribal court order" means a document issued
by a tribal court that is signed by an appropriate authority,
including a judge, governor or tribal council member, and
that orders an action that is within the tribal court's
jurisdiction; and
HH. "tribunal" means any judicial forum other than SJC/SRC/SB 42
Page 13
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
the court."
SECTION 4. Section 32A-3A-2 NMSA 1978 (being Laws 1993,
Chapter 77, Section 64, as amended) is amended to read:
"32A-3A-2. DEFINITIONS.--As used in the Voluntary
Placement and Family Services Act:
A. "child or family in need of family services"
means a family:
(1) whose child's behavior endangers the
child's health, safety, education or well-being;
(2) whose child is excessively absent from
public school as defined in the Attendance for Success Act;
(3) whose child is absent from the child's
place of residence for twenty-four hours or more without the
consent of the parent, guardian or custodian;
(4) in which the parent, guardian or
custodian of a child refuses to permit the child to live with
the parent, guardian or custodian; or
(5) in which the child refuses to live with
the child's parent, guardian or custodian;
B. "family services" means services that address
specific needs of the child or family;
C. "guardian" means a person appointed as a
guardian by a court or Indian tribal authority or a person
authorized to care for a child by a parental power of
attorney as permitted by law; SJC/SRC/SB 42
Page 14
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
D. "guardianship assistance agreement" means a
written agreement entered into by the prospective guardian
and the department or Indian tribe prior to the establishment
of the guardianship by a court;
E. "guardianship assistance payments" means
payments made by the department to a kinship guardian or
successor guardian on behalf of a child pursuant to the terms
of a guardianship assistance agreement;
F. "guardianship assistance program" means the
financial subsidy program provided for in the Voluntary
Placement and Family Services Act;
G. "kinship" means the relationship that exists
between a child and a relative of the child, a godparent, a
member of the child's tribe or clan or an adult with whom the
child has a significant bond;
H. "managed care organization" means a person or
entity eligible to enter into risk-based capitation
agreements with the health care authority to provide health
care and related services;
I. "subsidized guardianship" means a guardianship
that meets subsidy eligibility criteria pursuant to the
Voluntary Placement and Family Services Act; and
J. "voluntary placement agreement" means a written
agreement between the department and the parent or guardian
of a child." SJC/SRC/SB 42
Page 15
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
SECTION 5. Section 32A-3A-13 NMSA 1978 (being
Laws 2019, Chapter 190, Section 3) is amended to read:
"32A-3A-13. PLAN OF SAFE CARE--GUIDELINES--CREATION--
DATA SHARING--TRAINING.--
A. By July 1, 2026, the health care authority, in
consultation with medicaid managed care organizations,
private insurers, the office of superintendent of insurance,
the children, youth and families department and the
department of health, shall develop rules to guide hospitals,
birthing centers, medical providers, medicaid managed care
organizations and private insurers in the care of newborns
who exhibit physical, neurological or behavioral symptoms
consistent with prenatal drug exposure, withdrawal symptoms
from prenatal drug exposure or fetal alcohol spectrum
disorder.
B. Rules shall include guidelines to hospitals,
birthing centers, medical providers, medicaid managed care
organizations and private insurers regarding:
(1) participation in the plan of safe care
development process, which may occur at a prenatal or
perinatal medical visit and shall occur prior to a
substance-exposed child's discharge from a hospital. The
plan of safe care development process shall allow for the
creation of a written plan of safe care that shall be sent
to: SJC/SRC/SB 42
Page 16
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
(a) the child's primary care physician;
(b) a medicaid managed care
organization insurance plan care coordinator or a care
coordinator employed by or contracted with the health care
authority;
(c) the child's parent, relative,
guardian or caretaker who is present at discharge who shall
receive a copy upon discharge. The plan of safe care shall
be signed by an appropriate representative of the discharging
hospital and the child's parent, relative, guardian or
caretaker who is present at discharge; and
(d) if the child's parent, relative,
guardian, custodian or caretaker resides on tribal land, the
respective Indian tribe shall be sent a copy of the plan of
safe care within twenty-four hours of the child's discharge;
(2) definitions and evidence-based screening
tools, based on standards of professional practice, to be
used by health care providers to identify a child born
affected by substance use or withdrawal symptoms resulting
from prenatal drug exposure or a fetal alcohol spectrum
disorder. The rules shall include a requirement that all
hospitals, birthing centers and prenatal care providers use
the screening, brief intervention and referral to treatment
program at all prenatal or perinatal medical visits and live
births; SJC/SRC/SB 42
Page 17
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
(3) collection and reporting of data to meet
federal and state reporting requirements, including the
following:
(a) by hospitals and birthing centers
to the department when: 1) a plan of safe care has been
developed; and 2) a family has been referred for a plan of
safe care;
(b) information pertaining to a child
born and diagnosed by a health care professional as affected
by substance abuse, withdrawal symptoms resulting from
prenatal drug exposure or a fetal alcohol spectrum disorder;
and
(c) data collected by hospitals and
birthing centers for use by the children's medical services
of the family health bureau of the public health division of
the department of health in epidemiological reports and to
support and monitor a plan of safe care. Information
reported pursuant to this subparagraph shall be coordinated
with communication to insurance carrier care coordinators to
facilitate access to services for children and parents,
relatives, guardians, custodians or caretakers identified in
a plan of safe care;
(4) requirements for the health care
authority to:
(a) ensure that there is at least one SJC/SRC/SB 42
Page 18
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
care coordinator available in each birthing hospital in the
state;
(b) ensure that all substance-exposed
children who have a plan of safe care receive care
coordination to implement the plan of safe care;
(c) provide training to hospital staff,
birthing center staff and prenatal care providers on the
screening, brief intervention and referral to treatment
program; and
(d) communicate, collaborate and
consult with an Indian child's tribe to ensure that plans of
safe care are developed in a culturally responsive manner for
each child;
(5) identification of appropriate agencies
to be included as supports and services in the plan of safe
care, based on an assessment of the needs of the child and
the child's relatives, parents, guardians, custodians or
caretakers, performed by a discharge planner prior to the
child's discharge from the hospital or birthing center,
which:
(a) shall include: 1) home visitation
programs or early intervention family infant toddler
programs; and 2) substance use disorder prevention and
treatment providers; and
(b) may include: 1) public health SJC/SRC/SB 42
Page 19
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
agencies; 2) maternal and child health agencies; 3) mental
health providers; 4) infant mental health providers;
5) public and private children and youth agencies; 6) early
intervention and developmental services; 7) courts; 8) local
education agencies; 9) managed care organizations; or
10) hospitals and medical providers;
(6) information that shall be in a written
plan of safe care, including:
(a) the child's name;
(b) an emergency contact for at least
one of the child's parents, relatives, guardians, custodians
or caretakers;
(c) the address for the parent,
relative, guardian, custodian or caretaker who will be taking
the child home from the birthing facility; and
(d) the names of the parents,
relatives, guardians, custodians or caretakers who will be
living with the child;
(7) engagement of the child's relatives,
parents, guardians, custodians or caretakers in order to
identify the need for access to treatment for any substance
use disorder or other physical or behavioral health condition
that may impact the safety, early childhood development and
well-being of the child; and
(8) implementation of plans of safe care SJC/SRC/SB 42
Page 20
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
that shall include requirements for care coordinators to:
(a) actively work with pregnant persons
or a substance-exposed child's parents, relatives, guardians,
family members or caretakers to refer and connect the
pregnant person or substance-exposed child's parents,
relatives, guardians, family members or caretakers to
necessary services. Care coordinators shall use an
evidence-based intensive care coordination model that is
listed in the federal Title IV-E prevention services
clearinghouse or another nationally recognized evidence-based
clearinghouse for child welfare; and
(b) attempt to make contact with
persons who are not following the plan of safe care using
multiple methods, including in person, by mail, by phone call
or by text message. If a pregnant person or a
substance-exposed child's parents, relatives, guardians,
family members or caretakers are not following the plan of
safe care, care coordinators shall make attempts to contact
and provide support services to persons who are not following
the plan of safe care.
C. Reports made pursuant to Paragraph (3) of
Subsection B of this section shall be collected by the
department as distinct and separate from any child abuse
report as captured and held or investigated by the
department, such that the reporting of a plan of safe care SJC/SRC/SB 42
Page 21
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
shall not constitute a report of suspected child abuse and
neglect and shall not initiate investigation by the
department or a report to law enforcement.
D. The department shall summarize and report data
received pursuant to Paragraph (3) of Subsection B of this
section at intervals as needed to meet federal regulations.
E. The health care authority shall provide an
annual report to the legislative finance committee, the
interim legislative health and human services committee and
the department of finance and administration on the status of
the plan of safe care system. The report shall include the
following aggregate statistical information related to the
creation of plans of safe care:
(1) the primary substances that infants were
exposed to;
(2) the services that infants and families
were referred to;
(3) the availability and uptake rate of
services;
(4) whether an infant or an infant's family
was subsequently reported to the children, youth and families
department; and
(5) disaggregated demographic and geographic
data.
F. Reports made pursuant to the requirements in SJC/SRC/SB 42
Page 22
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
this section shall not be construed to relieve a person of
the requirement to report to the department knowledge of or a
reasonable suspicion that a child is an abused or neglected
child based on criteria as defined by Section 32A-4-2
NMSA 1978.
G. The health care authority shall create and
distribute training materials to support and educate
discharge planners or social workers on the following:
(1) how to assess whether to make a referral
to the department pursuant to the Abuse and Neglect Act;
(2) how to assess whether to make a
notification to the department pursuant to Subsection B of
Section 32A-4-3 NMSA 1978 for a child who has been diagnosed
as affected by substance abuse, withdrawal symptoms resulting
from prenatal drug exposure or a fetal alcohol spectrum
disorder;
(3) how to assess whether to create a plan
of safe care when a referral to the department is not
required; and
(4) the creation and deployment of a plan of
safe care.
H. A person shall not have a cause of action for
any loss or damage caused by any act or omission resulting
from the implementation of the provisions of Subsection G of
this section or resulting from any training, or lack thereof, SJC/SRC/SB 42
Page 23
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
required by Subsection G of this section.
I. The training, or lack thereof, required by the
provisions of Subsection G of this section shall not be
construed to impose any specific duty of care."
SECTION 6. Section 32A-3A-14 NMSA 1978 (being
Laws 2019, Chapter 190, Section 4) is amended to read:
"32A-3A-14. NOTIFICATION TO THE DEPARTMENT OF
NONCOMPLIANCE WITH A PLAN OF SAFE CARE.--
A. If the parents, relatives, guardians,
custodians or caretakers of a child released from a hospital
or freestanding birthing center pursuant to a plan of safe
care fail to comply with that plan, the health care
authority, a medicaid managed care organization insurance
plan care coordinator or a care coordinator contracted with
the health care authority shall notify the department within
twenty-four hours of the failure to comply and the department
shall conduct a family assessment. Based on the results of
the family assessment, the department may offer or provide
referrals for counseling, training, or other services aimed
at addressing the underlying causative factors that may
jeopardize the safety or well-being of the child. The
child's parents, relatives, guardians, custodians or
caretakers may choose to accept or decline any service or
program offered subsequent to the family assessment; provided
that if the child's parents, relatives, guardians, custodians SJC/SRC/SB 42
Page 24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
or caretakers decline those services or programs, and the
department determines that those services or programs are
necessary to address concerns of imminent harm to the child,
the department shall proceed with an investigation.
B. As used in this section, "family assessment"
means a comprehensive assessment prepared by the department
at the time the department receives notification of failure
to comply with the plan of safe care to determine the needs
of a child and the child's parents, relatives, guardians,
custodians or caretakers, including an assessment of the
likelihood of:
(1) imminent danger to a child's well-being;
(2) the child becoming an abused child or
neglected child; and
(3) the strengths and needs of the child's
family members, including parents, relatives, guardians,
custodians or caretakers, with respect to providing for the
health and safety of the child."
SECTION 7. Section 32A-4-2 NMSA 1978 (being Laws 1993,
Chapter 77, Section 96, as amended) is amended to read:
"32A-4-2. DEFINITIONS.--As used in the Abuse and
Neglect Act:
A. "abandonment" includes instances when the
parent, without justifiable cause:
(1) left the child without provision for the SJC/SRC/SB 42
Page 25
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
child's identification for a period of fourteen days; or
(2) left the child with others, including
the other parent or an agency, without provision for support
and without communication for a period of:
(a) three months if the child was under
six years of age at the commencement of the three-month
period; or
(b) six months if the child was over
six years of age at the commencement of the six-month period;
B. "abused child" means a child:
(1) who has suffered or who is at risk of
suffering serious harm because of the action or inaction of
the child's parent, guardian or custodian;
(2) who has suffered physical abuse,
emotional abuse or psychological abuse inflicted or caused by
the child's parent, guardian or custodian;
(3) who has suffered sexual abuse or sexual
exploitation inflicted by the child's parent, guardian or
custodian;
(4) whose parent, guardian or custodian has
knowingly, intentionally or negligently placed the child in a
situation that may endanger the child's life or health; or
(5) whose parent, guardian or custodian has
knowingly or intentionally tortured, cruelly confined or
cruelly punished the child; SJC/SRC/SB 42
Page 26
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
C. "aggravated circumstances" includes those
circumstances in which the parent, guardian or custodian has:
(1) attempted, conspired to cause or caused
great bodily harm to the child or great bodily harm or death
to the child's sibling;
(2) attempted, conspired to cause or caused
great bodily harm or death to another parent, guardian or
custodian of the child;
(3) attempted, conspired to subject or has
subjected the child to torture, chronic abuse or sexual
abuse; or
(4) had parental rights over a sibling of
the child terminated involuntarily;
D. "educational decision maker" means an
individual appointed by the children's court to attend school
meetings and to make decisions about the child's education
that a parent could make under law, including decisions about
the child's educational setting, and the development and
implementation of an individual education plan for the child;
E. "fictive kin" means a person not related by
birth, adoption or marriage with whom a child has an
emotionally significant relationship;
F. "great bodily harm" means an injury to a person
that creates a high probability of death, that causes serious
disfigurement or that results in permanent or protracted loss SJC/SRC/SB 42
Page 27
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
or impairment of the function of a member or organ of the
body;
G. "neglected child" means a child:
(1) who has been abandoned by the child's
parent, guardian or custodian;
(2) who is without proper parental care and
control or subsistence, education, medical or other care or
control necessary for the child's well-being because of the
faults or habits of the child's parent, guardian or custodian
or the failure or refusal of the parent, guardian or
custodian, when able to do so, to provide them;
(3) who has been physically or sexually
abused, when the child's parent, guardian or custodian knew
or should have known of the abuse and failed to take
reasonable steps to protect the child from further harm;
(4) whose parent, guardian or custodian is
unable to discharge that person's responsibilities to and for
the child because of incarceration, hospitalization or
physical or mental disorder or incapacity; or
(5) who has been placed for care or adoption
in violation of the law; provided that nothing in the
Children's Code shall be construed to imply that a child who
is being provided with treatment by spiritual means alone
through prayer, in accordance with the tenets and practices
of a recognized church or religious denomination, by a duly SJC/SRC/SB 42
Page 28
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
accredited practitioner thereof is for that reason alone a
neglected child within the meaning of the Children's Code;
and further provided that no child shall be denied the
protection afforded to all children under the Children's
Code;
H. "personal identifier information" means a
person's name and contact information, including home or
business address, email address or phone number;
I. "physical abuse" includes any case in which the
child suffers strangulation or suffocation and any case in
which the child exhibits evidence of skin bruising, bleeding,
malnutrition, failure to thrive, burns, fracture of any bone,
subdural hematoma, soft tissue swelling or death and:
(1) there is not a justifiable explanation
for the condition or death;
(2) the explanation given for the condition
is at variance with the degree or nature of the condition;
(3) the explanation given for the death is
at variance with the nature of the death; or
(4) circumstances indicate that the
condition or death may not be the product of an accidental
occurrence;
J. "relative" means a person related to another
person by birth, adoption or marriage within the fifth degree
of consanguinity; SJC/SRC/SB 42
Page 29
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
K. "sexual abuse" includes criminal sexual
contact, incest or criminal sexual penetration, as those acts
are defined by state law;
L. "sexual exploitation" includes:
(1) allowing, permitting or encouraging a
child to engage in prostitution;
(2) allowing, permitting, encouraging or
engaging a child in obscene or pornographic photographing; or
(3) filming or depicting a child for obscene
or pornographic commercial purposes, as those acts are
defined by state law;
M. "sibling" means a brother or sister having one
or both parents in common by birth or adoption;
N. "strangulation" has the same meaning as set
forth in Section 30-3-11 NMSA 1978;
O. "suffocation" has the same meaning as set forth
in Section 30-3-11 NMSA 1978; and
P. "transition plan" means an individualized
written plan for a child, based on the unique needs of the
child, that outlines all appropriate services to be provided
to the child to increase independent living skills. The plan
shall also include responsibilities of the child, and any
other party as appropriate, to enable the child to be
self-sufficient upon emancipation."
SECTION 8. Section 32A-4-3 NMSA 1978 (being Laws 1993, SJC/SRC/SB 42
Page 30
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Chapter 77, Section 97, as amended) is amended to read:
"32A-4-3. DUTY TO REPORT CHILD ABUSE AND CHILD
NEGLECT--RESPONSIBILITY TO INVESTIGATE CHILD ABUSE OR
NEGLECT--PENALTY--NOTIFICATION OF PLAN OF SAFE CARE.--
A. Every person, including a licensed physician; a
resident or an intern examining, attending or treating a
child; a law enforcement officer; a judge presiding during a
proceeding; a registered nurse; a visiting nurse; a school
employee; a social worker acting in an official capacity; or
a member of the clergy who has information that is not
privileged as a matter of law, who knows or has a reasonable
suspicion that a child is an abused or a neglected child
shall report the matter immediately to:
(1) a local law enforcement agency;
(2) the department; or
(3) a tribal law enforcement or social
services agency for any Indian child residing in Indian
country.
B. A law enforcement agency receiving the report
shall immediately transmit the facts of the report and the
name, address and phone number of the reporter by telephone
to the department and shall transmit the same information in
writing within forty-eight hours. The department shall
immediately transmit the facts of the report and the name,
address and phone number of the reporter by telephone to a SJC/SRC/SB 42
Page 31
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
local law enforcement agency and shall transmit the same
information in writing within forty-eight hours. The written
report shall contain the names and addresses of the child and
the child's parents, guardian or custodian, the child's age,
the nature and extent of the child's injuries, including any
evidence of previous injuries, and other information that the
maker of the report believes might be helpful in establishing
the cause of the injuries and the identity of the person
responsible for the injuries. The written report shall be
submitted upon a standardized form agreed to by the law
enforcement agency and the department.
C. The recipient of a report under Subsection A of
this section shall take immediate steps to ensure prompt
investigation of the report. The investigation shall ensure
that immediate steps are taken to protect the health or
welfare of the alleged abused or neglected child, as well as
that of any other child under the same care who may be in
danger of abuse or neglect. A local law enforcement officer
trained in the investigation of child abuse and neglect is
responsible for investigating reports of alleged child abuse
or neglect at schools, daycare facilities or child care
facilities.
D. If the child alleged to be abused or neglected
is in the care or control of or in a facility
administratively connected to the department, the report SJC/SRC/SB 42
Page 32
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
shall be investigated by a local law enforcement officer
trained in the investigation of child abuse and neglect. The
investigation shall ensure that immediate steps are taken to
protect the health or welfare of the alleged abused or
neglected child, as well as that of any other child under the
same care who may be in danger of abuse or neglect.
E. A law enforcement agency or the department
shall have access to any of the records pertaining to a child
abuse or neglect case maintained by any of the persons
enumerated in Subsection A of this section, except as
otherwise provided in the Abuse and Neglect Act.
F. A person who violates the provisions of
Subsection A of this section is guilty of a misdemeanor and
shall be sentenced pursuant to the provisions of
Section 31-19-1 NMSA 1978.
G. A finding that a pregnant woman is using or
abusing drugs made pursuant to an interview, self-report,
clinical observation or routine toxicology screen shall not
alone form a sufficient basis to report child abuse or
neglect to the department pursuant to Subsection A of this
section. A volunteer, contractor or staff of a hospital or
freestanding birthing center shall not make a report based
solely on that finding and shall make a notification pursuant
to Subsection H of this section. Nothing in this subsection
shall be construed to prevent a person from reporting to the SJC/SRC/SB 42
Page 33
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
department a reasonable suspicion that a child is an abused
or neglected child based on other criteria as defined by
Section 32A-4-2 NMSA 1978, or a combination of criteria that
includes a finding pursuant to this subsection.
H. A contractor or staff of a hospital,
freestanding birthing center or clinic that provides prenatal
or perinatal care shall:
(1) complete a written plan of safe care for
a substance-exposed newborn or a pregnant person who agrees
to creating a plan of safe care, as provided for by
department rule and the Children's Code; and
(2) provide notification to the health care
authority. Notification by a health care provider pursuant
to this paragraph shall not be construed as a report of child
abuse or neglect.
I. As used in this section, "notification" means
informing the health care authority that a substance-exposed
newborn was born and providing a copy of the plan of safe
care that was created for the child; provided that
notification shall comply with federal guidelines and shall
not constitute a report of child abuse or neglect. The
health care authority shall be responsible for ensuring
compliance with federal reporting requirements related to
plans of safe care.
J. As used in this section, "school employee" SJC/SRC/SB 42
Page 34
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
includes employees of a school district or a public school."
SECTION 9. Section 32A-4-4.1 NMSA 1978 (being
Laws 2019, Chapter 137, Section 2) is amended to read:
"32A-4-4.1. MULTILEVEL RESPONSE SYSTEM.--
A. The department shall establish a multilevel
response system to evaluate and provide services to a child
or the family, relatives, caretakers or guardians of a child
with respect to whom a report alleging neglect or abuse has
been made. The multilevel response system may include an
alternative to investigation upon completion of an evaluation
that may be completed at intake by the department, the
results of which indicate that there is no immediate concern
for the child's safety; provided, however, that an
investigation shall be conducted for any report:
(1) alleging sexual abuse of a child or
serious or imminent harm to a child;
(2) indicating a child fatality;
(3) requiring law enforcement involvement,
as identified pursuant to rules promulgated by the
department; or
(4) requiring a specialized assessment or a
traditional investigative approach, as determined pursuant to
rules promulgated by the department.
B. The department may remove a case from the
multilevel response system and conduct an investigation if SJC/SRC/SB 42
Page 35
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
imminent danger of serious harm to the child becomes evident.
The department may reassign a case from investigation to the
multilevel response system at the discretion of the
department.
C. For each family, including the child who is the
subject of a report to the department and that child's
relatives, caretakers or guardians, that receives services
under the multilevel response system, the department shall
conduct a family assessment. Based on the results of the
family assessment, the department may offer or provide
referrals for counseling, training or other services aimed at
addressing the underlying causative factors jeopardizing the
safety or well-being of the child who is the subject of a
report to the department. A family member, relative,
caretaker or guardian may choose to accept or decline any
services or programs offered under the multilevel response
system; provided, however, that if a family member, relative,
caretaker or guardian declines services, the department may
choose to proceed with an investigation.
D. The department shall employ licensed social
workers to provide services to families, relatives,
caretakers or guardians participating in the multilevel
response system to the extent that licensed social workers
are available for employment.
E. The department shall: SJC/SRC/SB 42
Page 36
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
(1) provide an annual report of system
implementation and outcomes to the legislative finance
committee, the interim legislative health and human services
committee, the interim legislative committee that studies
courts, corrections and justice and the department of finance
and administration as part of the department's budget
submission;
(2) arrange for an independent evaluation of
the multilevel response system, including examining outcomes
for child safety and well-being and cost-effectiveness;
(3) incorporate the multilevel response
system into the department's quality assurance review
process;
(4) develop performance measures, as
provided in the Accountability in Government Act, for the
multilevel response system; and
(5) implement the multilevel response system
statewide no later than July 1, 2027.
F. The department shall promulgate rules to
implement the provisions of this section.
G. As used in this section, "family assessment"
means a comprehensive, evidence-based assessment tool used by
the department to determine the needs of a child and the
child's family, relatives, caretakers or guardians at the
time the department receives a report of child abuse and SJC/SRC/SB 42
Page 37
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
neglect, including an assessment of the likelihood of:
(1) imminent danger to a child's well-being;
(2) the child becoming an abused child or a
neglected child; and
(3) the strengths and needs of the child's
family members, relatives, caretakers or guardians with
respect to providing for the health and safety of the child."
SECTION 10. Section 32A-4-21 NMSA 1978 (being
Laws 1993, Chapter 77, Section 115, as amended) is amended to
read:
"32A-4-21. NEGLECT OR ABUSE PREDISPOSITION STUDIES,
REPORTS AND EXAMINATIONS--SUPPORT SERVICES.--
A. Prior to holding a dispositional hearing, the
court shall direct that a predisposition study and report be
submitted in writing to the court by the department.
B. The predisposition study required pursuant to
Subsection A of this section shall contain the following
information:
(1) a statement of the specific reasons for
intervention by the department or for placing the child in
the department's custody and a statement of the parent's
ability to care for the child in the parent's home without
causing harm to the child;
(2) a statement of how an intervention plan
is designed to achieve placement of the child in the least SJC/SRC/SB 42
Page 38
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
restrictive setting available, consistent with the best
interests and special needs of the child, including a
statement of the likely harm the child may suffer as a result
of being removed from the parent's home, including emotional
harm that may result due to separation from the child's
parents, and a statement of how the intervention plan is
designed to place the child in close proximity to the
parent's home without causing harm to the child due to
separation from parents, siblings or any other person who may
significantly affect the child's best interest;
(3) the wishes of the child as to the
child's custodian;
(4) a statement of the efforts the
department has made to identify and locate all grandparents
and other relatives and to conduct home studies on any
appropriate relative expressing an interest in providing care
for the child, and a statement as to whether the child has a
family member who, subsequent to study by the department, is
determined to be qualified to care for the child;
(5) a description of services offered to the
child, the child's family and the child's foster care family,
which, if appropriate and available, may include families
first services provided pursuant to the Families First Act,
as well as referrals to income support or other services or
programs, and a summary of reasonable efforts made to prevent SJC/SRC/SB 42
Page 39
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
removal of the child from the child's family or reasonable
efforts made to reunite the child with the child's family;
(6) a description of the home or facility in
which the child is placed and the appropriateness of the
child's placement;
(7) the results of any diagnostic
examination or evaluation ordered at the custody hearing;
(8) a statement of the child's medical and
educational background;
(9) a case plan that sets forth steps to
ensure that the child's physical, medical, cultural,
psychological and educational needs are met and that sets
forth services to be provided to the child and the child's
parents to facilitate permanent placement of the child in the
parent's home;
(10) for children sixteen years of age and
older, a plan for developing the specific skills the child
requires for successful transition into independent living as
an adult, regardless of whether the child is returned to the
child's parent's home;
(11) a case plan that sets forth steps to
ensure that the child's educational needs are met and, for a
child fourteen years of age or older, a case plan that
specifically sets forth the child's educational and
post-secondary goals; and SJC/SRC/SB 42
Page 40
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
(12) a description of the child's foster
care placement and whether it is appropriate in terms of the
educational setting and proximity to the school the child was
enrolled in at the time of the placement, including plans for
travel for the child to remain in the school in which the
child was enrolled at the time of placement, if reasonable
and in the child's best interest.
C. A copy of the predisposition report shall be
provided by the department to counsel for all parties five
days before the dispositional hearing.
D. If the child is an adjudicated abused child,
any temporary custody orders shall remain in effect until the
court has received and considered the predispositional study
at the dispositional hearing."
SECTION 11. Section 32A-4-33 NMSA 1978 (being
Laws 1993, Chapter 77, Section 127, as amended) is amended to
read:
"32A-4-33. CONFIDENTIALITY--INFORMATION--PENALTY.--
A. In investigations and proceedings alleging
abuse or neglect, the department shall not disclose personal
identifier information of the child or the child's parent,
guardian or custodian, except as follows:
(1) in the case of the fatality or near
fatality of a child;
(2) in cases in which a child is missing or SJC/SRC/SB 42
Page 41
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
abducted or the child is or may be in danger of serious
injury or death unless immediate action is taken or there are
other exigent circumstances, the department shall release to
law enforcement and the nationally recognized organization
that serves as the national clearinghouse and resource center
for information about missing and exploited children as much
personal identifier information as necessary to identify the
child, a possible abductor or a suspect in an abuse or
neglect case or to protect evidence of a crime against the
child;
(3) when a child or child's parent or
guardian has been publicly identified by a person outside the
department, but only that personal identifier information
that has been publicly identified; or
(4) to the persons enumerated in
Subsection G of this section.
B. Department information obtained during the
course of an investigation into allegations of abuse or
neglect shall be maintained by the department as required by
federal law as a condition of the allocation of federal funds
in New Mexico. The public release of department information
shall be construed as openly as possible under federal and
state law.
C. Information released by the department that has
not otherwise been publicly released shall be redacted as SJC/SRC/SB 42
Page 42
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
needed to safeguard personal identifier information of the
child and the child's family. In a case in which a child or
the child's family has been publicly identified through news
reports, a lawsuit or other means, the department may respond
publicly with factual and complete information about the
actions the department has taken in the case.
D. Except as provided in Subsections E, F and G of
this section, information concerning a party to a neglect or
abuse proceeding, including social records, diagnostic
evaluations, psychiatric or psychological reports,
videotapes, transcripts and audio recordings of a child's
statement of abuse or medical reports incident to or obtained
as a result of a neglect or abuse proceeding or that were
produced or obtained during an investigation in anticipation
of or incident to a neglect or abuse proceeding, shall be
confidential and closed to the public.
E. The department may release redacted information
described in Subsection D of this section to a person who is
conducting bona fide research or investigations, the results
of which shall provide the department information on child
abuse and neglect that would be useful to the department in
developing policy and practice.
F. In the case of a fatality, the department shall
release all information described in Subsection D of this
section to a person who is conducting bona fide research or SJC/SRC/SB 42
Page 43
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
investigations, the results of which shall provide the
department information on child abuse and neglect that would
be useful to the department in developing policy and
practice.
G. The information described in Subsection D of
this section shall be disclosed without redaction to the
parties and:
(1) court personnel and persons or entities
authorized by contract with the court to review, inspect or
otherwise have access to information in the court's
possession;
(2) court-appointed special advocates
appointed to the neglect or abuse proceeding;
(3) the child's guardian ad litem;
(4) the attorney representing the child in
an abuse or neglect action, a delinquency action or any other
action under the Children's Code;
(5) department personnel and persons or
entities authorized by contract with the department to
review, inspect or otherwise have access to information in
the department's possession;
(6) any local substitute care review board
or any agency contracted to implement local substitute care
review boards;
(7) law enforcement officials, except when SJC/SRC/SB 42
Page 44
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
use immunity is granted pursuant to Section 32A-4-11
NMSA 1978;
(8) district attorneys, except when use
immunity is granted pursuant to Section 32A-4-11 NMSA 1978;
(9) any state government or tribal
government social services agency in any state or when, in
the opinion of the department, it is in the best interest of
the child, a governmental social services agency of another
country;
(10) a foster parent, if the information is
that of a child currently placed with that foster parent or
of a child being considered for placement with that foster
parent and the information concerns the social, medical,
psychological or educational needs of the child;
(11) school personnel involved with the
child but only if the information concerns the child's
social, medical or educational needs;
(12) a grandparent, parent of a sibling,
relative or fictive kin, if the information pertains to a
child being considered for placement with that grandparent,
parent of a sibling, relative or fictive kin and the
information concerns the social, medical, psychological or
educational needs of the child;
(13) health care or mental health
professionals involved in the evaluation or treatment of the SJC/SRC/SB 42
Page 45
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
child or of the child's parents, guardian, custodian or other
family members;
(14) protection and advocacy representatives
pursuant to the federal Developmental Disabilities Assistance
and Bill of Rights Act and the federal Protection and
Advocacy for Mentally Ill Individuals Amendments Act of 1991;
(15) children's safehouse organizations
conducting interviews of children on behalf of a law
enforcement agency or the department;
(16) representatives of the federal
government or their contractors authorized by federal statute
or regulation to review, inspect, audit or otherwise have
access to information pertaining to neglect or abuse
proceedings;
(17) a person attending a meeting arranged
by the department to discuss the safety, well-being and
permanency of a child, when the parent or child, or parent or
custodian on behalf of a child younger than fourteen years of
age, has consented to the disclosure;
(18) the office of the state medical
investigator; and
(19) any other person, by order of the
court, having a legitimate interest in the case or the work
of the court.
H. A party to a court proceeding relating to a SJC/SRC/SB 42
Page 46
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
department investigation into allegations of abuse and
neglect may comment publicly as long as the party does not
disclose personal identifier information that is still
confidential regarding the child or the child's parent or
guardian.
I. A parent, guardian or custodian whose child has
been the subject of an investigation of abuse or neglect
where no petition has been filed shall have the right to
inspect any medical report, psychological evaluation, law
enforcement reports or other investigative or diagnostic
evaluation; provided that any personal identifier information
related to the reporting party or any other party providing
information shall be deleted or redacted. The parent,
guardian or custodian shall also have the right to the
results of the investigation and the right to petition the
court for full access to all department records and
information except that information the department finds
would be likely to endanger the life or safety of a person
providing information to the department.
J. The department is not required by this section
to disclose department information if the district attorney
successfully petitions the children's court that disclosure
would cause specific, material harm to a criminal
investigation or prosecution.
K. The department shall provide pertinent SJC/SRC/SB 42
Page 47
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
department information upon request to a prospective adoptive
parent, foster parent or guardian if the information concerns
a child for whom the prospective adoptive parent, foster
parent or guardian seeks to adopt or provide care.
L. A person may authorize the release of
department information about the person's self but shall not
waive the confidentiality of department information
concerning any other person.
M. The department shall provide a summary of the
outcome of a department investigation to the person who
reported the suspected child abuse or neglect in a timely
manner no later than twenty days after the deadline for
closure of the investigation.
N. Whoever intentionally and unlawfully releases
any information closed to the public pursuant to the Abuse
and Neglect Act or releases or makes other unlawful use of
information in violation of that act is guilty of a petty
misdemeanor and shall be sentenced pursuant to the provisions
of Section 31-19-1 NMSA 1978.
O. The department may promulgate rules for
implementing disclosure of records pursuant to this section
and in compliance with state and federal law and the
Children's Court Rules.
P. Nothing in this section or Section 32A-4-33.1
NMSA 1978 limits the right of a person to seek documents or SJC/SRC/SB 42
Page 48
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
information through other provisions of law.
Q. Nothing in this section applies to the Indian
Family Protection Act, information concerning Indian children
or Indian parents, guardians or custodians, as those terms
are defined in that act, or investigations or proceedings
pursuant to that act."
SECTION 12. Section 32A-4-33.1 NMSA 1978 (being
Laws 2009, Chapter 239, Section 52) is amended to read:
"32A-4-33.1. FATALITIES--NEAR FATALITIES--RECORDS
RELEASE.--
A. As used in this section:
(1) "near fatality" means an act that, as
certified by a physician, including the child's treating
physician, placed a child in a serious or critical medical
condition; and
(2) "personal identifier information" means:
(a) a person's name;
(b) all but the last four digits of a
person's: 1) taxpayer identification number; 2) financial
account number; 3) credit or debit card number; or
4) driver's license number;
(c) all but the year of a person's date
of birth;
(d) a person's social security number;
and SJC/SRC/SB 42
Page 49
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
(e) a person's street address, but not
the city, state or zip code.
B. After learning that a child fatality or near
fatality has occurred and that there is reasonable suspicion
that the fatality or near fatality was caused by abandonment,
abuse or neglect, the department shall upon written request
release the following information, if in the department's
possession, within five business days:
(1) for a fatality:
(a) the name, age and gender of the
child;
(b) the date and location of the
fatality; and
(c) the cause of death, if known;
(2) for a near fatality:
(a) the age and gender of the child;
and
(b) the type and extent of injuries;
(3) for either a fatality or near fatality:
(a) whether the child is currently or
has been in the custody of the department within the last five
years or the child's family is currently or has been served or
under investigation by the department within the last five
years;
(b) whether the child lived with a SJC/SRC/SB 42
Page 50
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
parent, guardian or custodian; was in foster care; was in a
residential facility or detention facility; was a runaway; or
had some other living arrangement;
(c) whether an investigation is being
conducted by the department or by a law enforcement agency, if
known;
(d) a detailed synopsis of prior
reports of abuse or neglect involving the child, siblings or
other children in the home, if applicable; and
(e) actions taken by the department to
ensure the safety of siblings, if applicable; and
(4) any other information that is publicly
known.
C. Upon completion of a child abandonment, abuse
or neglect investigation into a fatality or near fatality, if
it is determined that abandonment, abuse or neglect caused the
fatality or near fatality, the following documents shall be
released upon written request:
(1) a summary of the department's
investigation;
(2) a law enforcement investigation report,
if in the department's possession;
(3) the medical investigator's report, if in
the department's possession; and
(4) in the case of a fatality, the SJC/SRC/SB 42
Page 51
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
department's file on the child who died.
D. Prior to releasing documents specified in
Subsection C of this section, the department shall consult
with the district attorney and shall redact:
(1) information that, in the opinion of the
district attorney, would cause specific material harm to a
criminal investigation or prosecution;
(2) personal identifier information related
to a reporting party or any other party providing information
and any other child living in the home;
(3) information that is privileged,
confidential or not subject to disclosure pursuant to Section
32A-4-33 NMSA 1978 or other state or federal law; and
(4) in the case of a near fatality, personal
identifier information for the child, parent, guardian,
resource parent and any other child living in the home.
E. If documents pursuant to this section have been
released by the department, the department may comment on the
case.
F. Information released by the department
consistent with the requirements of this section does not
require prior notice to any other person.
G. Nothing in this section shall be construed as
requiring the department to obtain documents not in the abuse
and neglect case file. SJC/SRC/SB 42
Page 52
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
H. A person disclosing abandonment, abuse or
neglect case file information as required by this section
shall not be subject to suit in civil or criminal proceedings
for complying with the requirements of this section.
I. The department shall continue to provide timely
allowable information to the public on the investigation into
a case of fatality or near fatality of a child, including a
summary report that shall include:
(1) actions taken by the department in
response to the case, including changes in policies,
practices, procedures and processes that have been made to
address issues raised in the investigation of the case and any
recommendations for further changes in policies, practices,
procedures, processes and other rules or laws to address the
issues; and
(2) the information described in
Subsection J or K of this section.
J. If the summary report involves a child who was
residing in the child's home, the report shall contain a
summary of all of the following:
(1) whether services pursuant to the Abuse
and Neglect Act were being provided to the child, a member of
the child's household or a person who had been arrested for
abandonment, abuse or neglect of the child prior to the time
of the fatality or near fatality and the date of the last SJC/SRC/SB 42
Page 53
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
contact between the person providing the services and the
person receiving the services prior to or at the time of the
fatality or near fatality;
(2) whether the child, a member of the
child's household or the person who had been arrested for
abandonment, abuse or neglect of the child prior to the
fatality or near fatality was the subject of a current or
previous department report;
(3) all involvement of the child's parents
or the person who had been arrested for abuse or neglect of
the child prior to the fatality or near fatality in a
situation for which a department report was made or services
provided pursuant to the Abuse and Neglect Act in the five
years preceding the incident that culminated in the fatality
or near fatality; and
(4) any investigation pursuant to a
department report concerning the child, a member of the
child's household or the person who had been suspected of or
arrested for the abandonment, abuse or neglect of the child or
services provided to the child or the child's household since
the date of the incident involving a fatality or a near
fatality.
K. If the summary report involves a child who was
in out-of-home placement, the summary report shall include:
(1) the name of the agency the licensee was SJC/SRC/SB 42
Page 54
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
licensed by; and
(2) the licensing history of the
out-of-home placement, including the type of license held by
the operator of the placement, the period for which the
placement has been licensed and a summary of all violations by
the licensee and any other actions by the licensee or an
employee of the licensee that constitute a substantial failure
to protect and promote the health, safety and welfare of a
child.
L. Nothing in this section shall apply to the
Indian Family Protection Act, information or records
concerning Indian children or Indian parents, guardians or
custodians or investigations or proceedings pursuant to that
act."
SECTION 13. A new section of the Abuse and Neglect Act
is enacted to read:
"CREATION AND MAINTENANCE OF DASHBOARD ON DEPARTMENT
WEBSITE--ANNUAL REPORT.--
A. The department shall create and maintain a
public, easily accessible and searchable dashboard on the
department's website. The confidentiality of personal
identifier information shall be safeguarded consistent with
federal and state law. The dashboard shall be updated at
least quarterly and shall include the data to be reported to
the governor and the legislature. SJC/SRC/SB 42
Page 55
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
B. By February 1 of each year, the department
shall submit a report to the governor and the legislature that
includes the following data for the prior twelve months ending
on December 31:
(1) the number of fatalities and near
fatalities of children in the custody of the department or as
a result of abandonment, abuse or neglect when in the custody
of a parent, guardian, custodian or other person;
(2) the number of children in department
custody and the average length of time in custody, including
the number of in-state and out-of-state placements in which
children are placed;
(3) the number of children in foster care
and the length of time in foster care or living with relatives
or fictive kin;
(4) the number of complaints received
alleging abandonment, abuse or neglect;
(5) the number of investigations that
resulted from the complaints, the number of complaints
accepted for investigation and not accepted for investigation
and the identified reasons in the aggregate for not
investigating a complaint;
(6) the number of children removed from the
custody of a parent, guardian, custodian or other person and
the reasons for removals; SJC/SRC/SB 42
Page 56
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
(7) the number of children returned to a
household from which they were removed;
(8) the number of children placed in the
custody of the department who have run away while in custody;
(9) the number of cases in which families
subject to court-ordered treatment plans or voluntary
placement agreements have absconded with children placed in
the custody of the department;
(10) the number of adoptions and the number
of adoptions for which funding was terminated prior to the
child reaching the age of eighteen;
(11) the number of children and cases
transferred to the jurisdiction of Indian nations, tribes and
pueblos pursuant to the Indian Family Protection Act; and
(12) any other information the department
considers of interest to the public.
C. Data shall be disaggregated by age, race,
ethnicity, gender, disability status and geographic location.
D. The report shall be published on the
department's website."
SECTION 14. A new section of the Children's Code is
enacted to read:
"SHORT TITLE.--Sections 14 through 17 of this act may be
cited as the "Families First Act"."
SECTION 15. A new section of the Children's Code is SJC/SRC/SB 42
Page 57
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
enacted to read:
"DEFINITIONS.--As used in the Families First Act:
A. "families first services" means foster care
prevention services categorized pursuant to the federal
Title IV-E prevention services clearinghouse as
well-supported, supported or promising that are included in
the families first strategic plan implemented pursuant to the
Families First Act and are provided by the department through
the implementation of that strategic plan; and
B. "families first strategic plan" means the plan
required pursuant to the Families First Act that is developed
and implemented by the department in accordance with the
regulations and requirements set forth in the federal Family
First Prevention Services Act."
SECTION 16. A new section of the Children's Code is
enacted to read:
"FAMILIES FIRST STRATEGIC PLAN--DEPARTMENT DUTIES--
FAMILIES FIRST SERVICES--TIME LINE--IMPLEMENTATION.--
A. In consultation with the early childhood
education and care department, the health care authority and
the department of health, the department shall develop and
implement the families first strategic plan. In developing
the families first strategic plan, the department shall:
(1) ensure that provisions of the families
first strategic plan align with and meet the requirements set SJC/SRC/SB 42
Page 58
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
forth in the federal Family First Prevention Services Act; and
(2) maximize resources from the federal
government under Title IV-E that are available to the
department to provide families first services.
B. The families first strategic plan required
pursuant to Subsection A of this section shall:
(1) include a comprehensive description of
the department's responsibilities and duties for providing
families first services;
(2) include a comprehensive and detailed
list of each of the families first services the department
will provide to eligible persons and affirm that each service
to be provided:
(a) is eligible for reimbursement
pursuant to the federal Family First Prevention Services Act;
and
(b) is rated as promising, supported or
well-supported in accordance with the Title IV-E prevention
services clearinghouse;
(3) identify all network services providers,
including other state agencies, that the department will use
for providing families first services. If services are
provided by another state agency, the department, together
with the other state agency, shall establish safety monitoring
protocols for direct monitoring of the services provided by SJC/SRC/SB 42
Page 59
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
that agency and, for each provider used by the department,
list the specific families first service that the network
services provider will provide, including:
(a) mental health or substance abuse
prevention and treatment;
(b) in-home parent skill-based
programs;
(c) kinship navigator programs; or
(d) any other programs or services that
are eligible or become eligible for reimbursement pursuant to
the federal Family First Prevention Services Act;
(4) identify and define the population of
eligible persons who may receive families first services and
include, at a minimum:
(a) a child who is a candidate for
foster care but who can remain safely at home with the
provision of evidence-based services;
(b) a parent, guardian or caregiver of
a child at risk of entering foster care;
(c) a pregnant or parenting youth in
foster care; and
(d) other eligible persons identified
by the department;
(5) identify processes and procedures to be
established and followed by the department to determine SJC/SRC/SB 42
Page 60
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
eligibility for any families first service;
(6) identify processes and procedures to be
established and followed by the department to maximize federal
reimbursements, funding and resources available to the
department to provide families first services;
(7) identify the process that the department
will use to monitor and oversee the safety of children who
receive families first services and programs, as required by
the federal Family First Prevention Services Act;
(8) establish appropriate metrics the
department will use to determine and evaluate outcomes from
the department's provision of families first services pursuant
to the Families First Act, including outcomes related
specifically to repeated substantiated reports of maltreatment
of a child and the numbers of children entering foster care;
(9) establish an appropriate time line and
strategy for providing families first services statewide. The
time line shall include the following:
(a) no later than June 30, 2027, the
department shall provide families first services through a
pilot program that is designed for implementation considering
factors such as county population density and rates of child
maltreatment and repeat maltreatment; and
(b) no later than June 30, 2032, the
department shall provide statewide implementation of families SJC/SRC/SB 42
Page 61
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
first services rolled out in a manner consistent with the best
practices derived from the evaluation of the pilot program;
(10) provide a detailed description of how
the department will continuously monitor the families first
strategic plan, from development of the plan through the pilot
program phase and to statewide implementation. Included in
that description shall be how the department will monitor key
factors likely to best ensure fidelity to the service model
developed within the families first strategic plan; and
(11) identify the appropriate information to
include in an annual report to be provided by the department
to the legislative finance committee, the interim legislative
health and human services committee, the interim legislative
committee that studies courts, corrections and justice and the
governor. At a minimum, the annual report shall include the
following information:
(a) an up-to-date inventory of all
families first services available;
(b) data, without inclusion of personal
identifier information, regarding the uptake and program
completion among eligible individuals of families first
services, including the area of the state in which the
services were accessed;
(c) performance results regarding
identified outcome measures, to include aggregate data about SJC/SRC/SB 42
Page 62
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
child participant placement status at the beginning of
services and one year after services and whether the child
entered foster care within two years after being determined a
candidate for foster care and receiving families first
services; and
(d) fiscal information regarding
program and service expenditures and disaggregating state and
federal revenue sources.
C. For the purposes of this subsection, "approving
authority" means the federal administration for children and
families. The department shall:
(1) no later than August 1, 2025, finalize
the provisions of the families first strategic plan, post the
plan to the department's website and provide a copy of the
plan to the legislative finance committee, the interim
legislative health and human services committee, the interim
legislative committee that studies courts, corrections and
justice and the governor;
(2) no later than September 1, 2025:
(a) submit the families first strategic
plan to the approving authority for approval; and
(b) begin providing families first
services pursuant to the provisions of the Families First Act;
(3) if a submitted strategic plan is not
approved and the approving authority indicates that to secure SJC/SRC/SB 42
Page 63
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
an approval, the strategic plan must be revised, as soon as
practicable:
(a) revise the families first strategic
plan in accordance with the revisions required by the
approving authority; and
(b) submit the revised strategic plan
to the approving authority; and
(4) include in the department's reports
required pursuant to the Families First Act the status of each
families first strategic plan submitted to the approving
authority for approval, including any specific revisions
required, the dates of submissions and the dates of approval
or nonapproval by the approving authority for each submitted
strategic plan and any other relevant information related to
the status of a families first strategic plan submitted to the
approving authority by the department.
D. No later than July 1, 2026, and by each July 1
thereafter, the department shall post the annual report as
established in the families first strategic plan pursuant to
the Families First Act to the department's website, and the
department shall submit the annual report to the legislative
finance committee, the interim legislative health and human
services committee, the interim legislative committee that
studies courts, corrections and justice and the governor."
SECTION 17. A new section of the Children's Code is SJC/SRC/SB 42
Page 64
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
enacted to read:
"RULES.--By August 1, 2027, the department shall
promulgate and adopt rules as necessary to carry out the
provisions of the Families First Act."