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SENATE BILL 428
57
TH LEGISLATURE
-
STATE
OF
NEW
MEXICO
-
FIRST SESSION
,
2025
INTRODUCED BY
Linda M. López and Antoinette Sedillo Lopez
AN ACT
RELATING TO CHILD WELFARE; ENACTING THE CROSSOVER YOUTH ACT;
CREATING THE CROSSOVER YOUTH PROGRAM; REQUIRING CROSSOVER YOUTH
TRAINING; REQUIRING INTRA-AGENCY AND INTERAGENCY COLLABORATION;
PROVIDING BASIC RIGHTS; MAKING AN APPROPRIATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. A new section of the Children's Code is
enacted to read:
"[NEW MATERIAL] SHORT TITLE--Sections 1 through 6 of this
act may be cited as the "Crossover Youth Act"."
SECTION 2. A new section of the Children's Code is
enacted to read:
"[NEW MATERIAL] DEFINITIONS--As used in the Crossover
Youth Act:
A. "crossover youth" means a child who is
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simultaneously involved in both the child welfare and juvenile
justice systems, whether or not the child has been adjudicated
in those systems; and
B. "dually involved eligible adult" means a person
who is being served by the fostering connections program
pursuant to the Fostering Connections Act and who is
simultaneously involved in the juvenile justice system or adult
criminal justice system."
SECTION 3. A new section of the Children's Code is
enacted to read:
"[NEW MATERIAL] CROSSOVER YOUTH PROGRAM CREATED--PROGRAM
COORDINATOR--DUTIES.--
A. The "crossover youth program" is created within
the department. The department shall appoint a program
coordinator to administer the crossover youth program.
B. The crossover youth program coordinator shall:
(1) facilitate collaboration between the
protective services division and the juvenile justice division
of the department in all cases involving crossover youth;
(2) facilitate collaboration between the
fostering connections program and the adult criminal justice
system in all cases involving dually involved eligible adults;
(3) collect data, including data related to
New Mexico crossover youth who are housed in a facility in
another state or who have been adjudicated in the juvenile
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justice system in another state, regarding final determinations
by the courts in all cases involving crossover youth and dually
involved eligible adults;
(4) act as the department's lead coordinator
to develop and deliver annual mandatory training materials to
the department, the judiciary, the public defender department,
the district attorneys' offices and the office of family
representation and advocacy. The training materials shall
include information on the Crossover Youth Act and issues
related to crossover youth as required under Section 4 of the
Crossover Youth Act; and
(5) assist the department with the
promulgation of rules pursuant to the provisions of the
Crossover Youth Act."
SECTION 4. A new section of the Children's Code is
enacted to read:
"[NEW MATERIAL] CROSSOVER YOUTH TRAINING.--
A. The department shall develop and deliver annual
mandatory training to all staff assigned to the protective
services division and the juvenile justice division of the
department, including all children's court attorneys. The
training shall include information on:
(1) crossover youth issues, including issues
concerning delinquent offenders, youthful offenders, victims'
rights, the federal Indian Child Welfare Act of 1978, the
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Indian Family Protection Act, the Fostering Connections Act,
the negative impact of juvenile justice involvement on youth
who are exiting from the foster care system, the impact of
trauma on child development and the eight core strategies of
the juvenile detention alternatives initiative that are
incorporated into the Children's Code; and
(2) cultural humility and racial and ethnic
disparities impacting youth who are involved in the juvenile
justice system and the child welfare system. The mandatory
training shall also be provided for all leadership assigned to
the protective services division and the juvenile justice
division of the department, including the general counsel.
B. The public defender department, all district
attorneys' offices and the office of family representation and
advocacy shall, in collaboration with the department, develop
and deliver annual mandatory training for all attorneys,
including contract attorneys, court-appointed guardians ad
litem and youth attorneys, and appropriate support staff
working on cases with crossover youth in the juvenile justice
and child welfare systems. The training shall include
information on:
(1) crossover youth issues, including issues
concerning delinquent offenders, youthful offenders, victims'
rights, the federal Indian Child Welfare Act of 1978, the
Indian Family Protection Act, the Fostering Connections Act,
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the negative impact of juvenile justice involvement on youth
who are exiting from the foster care system, the impact of
trauma on child development and the eight core strategies of
the juvenile detention alternatives initiative that are
incorporated into the Children's Code; and
(2) cultural humility and racial and ethnic
disparities impacting youth who are involved in the juvenile
justice system and the child welfare system.
C. The department, in collaboration with the
administrative office of the courts, shall develop and deliver
annual mandatory training regarding crossover youth to all
judicial officers assigned to children's court divisions of the
district courts. The training shall include information on:
(1) crossover youth issues, including issues
concerning delinquent offenders, youthful offenders, victims'
rights, the federal Indian Child Welfare Act of 1978, the
Indian Family Protection Act, the Fostering Connections Act,
the negative impact of juvenile justice involvement on youth
who are exiting from the foster care system, the impact of
trauma on child development and the eight core strategies of
the juvenile detention alternatives initiative that are
incorporated into the Children's Code;
(2) cultural humility and racial and ethnic
disparities impacting youth who are involved in the juvenile
justice system and the child welfare system; and
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(3) practices and procedures regarding the
importance of having one judge for one family in cases
involving crossover youth when possible and the importance of
having judges confer with one another when one judge for one
family is not possible in crossover youth cases."
SECTION 5. A new section of the Children's Code is
enacted to read:
"[NEW MATERIAL] INTRA-AGENCY COLLABORATION--INTERAGENCY
COLLABORATION.--
A. In all cases involving crossover youth, the
protective services division and the juvenile justice division
of the department shall jointly manage the cases. The
department shall develop protocols to ensure that case
coordination between the divisions occurs on a formal basis.
B. In all cases involving crossover youth, the
crossover youth program coordinator shall facilitate
interagency collaboration to provide support and services to
crossover youth and their families. The crossover youth
program coordinator shall work with the department, the public
education department, the department of health, the health care
authority and any other appropriate departments and agencies."
SECTION 6. A new section of the Children's Code is
enacted to read:
"[NEW MATERIAL] BASIC RIGHTS.--
A. When a crossover youth is placed in the legal
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custody of the department or another person and siblings of the
crossover youth have not been jointly placed, the siblings
shall have reasonable rights of visitation, unless the court
finds that visitation would be contrary to the safety or well-
being of any of the siblings.
B. When a crossover youth is placed in the legal
custody of the department or another person, any parent,
guardian or custodian of the crossover youth shall have
reasonable rights of visitation, unless the court finds that
the best interests of the crossover youth preclude any
visitation."
SECTION 7. Section 32A-2-3 NMSA 1978 (being Laws 1993,
Chapter 77, Section 32, as amended) is amended to read:
"32A-2-3. DEFINITIONS.--As used in the Delinquency Act:
A. "crossover youth" means a child who is
simultaneously involved in both the child welfare and juvenile
justice systems, whether or not the child has been adjudicated
in those systems;
[A.] B. "delinquent act" means an act committed by
a child that would be designated as a crime under the law if
committed by an adult, not including a violation of Section
30-9-2 NMSA 1978, including the following offenses:
(1) any of the following offenses pursuant to
municipal traffic codes or the Motor Vehicle Code:
(a) driving while under the influence of
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intoxicating liquor or drugs;
(b) failure to stop in the event of an
accident causing death, personal injury or damage to property;
(c) unlawful taking of a vehicle or
motor vehicle;
(d) receiving or transferring of a
stolen vehicle or motor vehicle;
(e) homicide by vehicle;
(f) injuring or tampering with a
vehicle;
(g) altering or changing of an engine
number or other vehicle identification numbers;
(h) altering or forging of a driver's
license or permit or any making of a fictitious license or
permit;
(i) reckless driving;
(j) driving with a suspended or revoked
license; or
(k) an offense punishable as a felony;
(2) buying, attempting to buy, receiving,
possessing or being served any alcoholic liquor or being
present in a licensed liquor establishment, other than a
restaurant or a licensed retail liquor establishment, except in
the presence of the child's parent, guardian, custodian or
adult spouse. As used in this paragraph, "restaurant" means an
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establishment where meals are prepared and served primarily for
on-premises consumption and that has a dining room, a kitchen
and the employees necessary for preparing, cooking and serving
meals. "Restaurant" does not include an establishment, as
defined in regulations promulgated by the director of the
special investigations unit of the department of public safety,
that serves only hamburgers, sandwiches, salads and other fast
foods;
(3) a violation of Section 30-29-2 NMSA 1978,
regarding the illegal use of a glue, aerosol spray product or
other chemical substance;
(4) a violation of the Controlled Substances
Act;
(5) escape from the custody of a law
enforcement officer or a juvenile probation or parole officer
or from any placement made by the department by a child who has
been adjudicated a delinquent child;
(6) a violation of Section 30-15-1.1 NMSA 1978
regarding unauthorized graffiti on personal or real property;
(7) a violation of an order of protection
issued pursuant to the provisions of the Family Violence
Protection Act; or
(8) trafficking cannabis as provided in
Section 26-2C-28 NMSA 1978;
[B.] C. "delinquent child" means a child who has
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committed a delinquent act;
[C.] D. "delinquent offender" means a delinquent
child who is subject to juvenile sanctions only and who is not
a youthful offender or a serious youthful offender;
[D.] E. "detention facility" means a place where a
child may be detained under the Children's Code pending a court
hearing and does not include a facility for the care and
rehabilitation of an adjudicated delinquent child;
[E.] F. "felony" means an act that would be a
felony if committed by an adult;
[F.] G. "misdemeanor" means an act that would be a
misdemeanor or petty misdemeanor if committed by an adult;
[G.] H. "restitution" means financial reimbursement
by the child to the victim or community service imposed by the
court and is limited to easily ascertainable damages for injury
to or loss of property, actual expenses incurred for medical,
psychiatric and psychological treatment for injury to a person
and lost wages resulting from physical injury, which are a
direct and proximate result of a delinquent act. "Restitution"
does not include reimbursement for damages for mental anguish,
pain and suffering or other intangible losses. As used in this
subsection, "victim" means a person who is injured or suffers
damage of any kind by an act that is the subject of a complaint
or referral to law enforcement officers or juvenile probation
authorities. Nothing contained in this definition limits or
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replaces the provisions of Subsections A and B of Section
32A-2-27 NMSA 1978;
[H.] I. "serious youthful offender" means an
individual fifteen to eighteen years of age who is charged with
and indicted or bound over for trial for first degree murder.
A "serious youthful offender" is not a delinquent child as
defined pursuant to the provisions of this section;
[I.] J. "supervised release" means the release of a
juvenile, whose term of commitment has not expired, from a
facility for the care and rehabilitation of adjudicated
delinquent children, with specified conditions to protect
public safety and promote successful transition and
reintegration into the community. A juvenile on supervised
release is subject to monitoring by the department until the
term of commitment has expired and may be returned to custody
for violating conditions of release; and
[J.] K. "youthful offender" means a delinquent
child subject to adult or juvenile sanctions who is:
(1) fourteen to eighteen years of age at the
time of the offense and who is adjudicated for at least one of
the following offenses:
(a) second degree murder, as provided in
Section 30-2-1 NMSA 1978;
(b) assault with intent to commit a
violent felony, as provided in Section 30-3-3 NMSA 1978;
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(c) kidnapping, as provided in Section
30-4-1 NMSA 1978;
(d) aggravated battery, as provided in
Subsection C of Section 30-3-5 NMSA 1978;
(e) aggravated battery against a
household member, as provided in Subsection C of Section
30-3-16 NMSA 1978;
(f) aggravated battery upon a peace
officer, as provided in Subsection C of Section 30-22-25 NMSA
1978;
(g) shooting at a dwelling or occupied
building or shooting at or from a motor vehicle, as provided in
Section 30-3-8 NMSA 1978;
(h) dangerous use of explosives, as
provided in Section 30-7-5 NMSA 1978;
(i) criminal sexual penetration, as
provided in Section 30-9-11 NMSA 1978;
(j) robbery, as provided in Section
30-16-2 NMSA 1978;
(k) aggravated burglary, as provided in
Section 30-16-4 NMSA 1978;
(l) aggravated arson, as provided in
Section 30-17-6 NMSA 1978; or
(m) abuse of a child that results in
great bodily harm or death to the child, as provided in Section
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30-6-1 NMSA 1978;
(2) fourteen to eighteen years of age at the
time of the offense, who is adjudicated for any felony offense
and who has had three prior, separate felony adjudications
within a three-year time period immediately preceding the
instant offense. The felony adjudications relied upon as prior
adjudications shall not have arisen out of the same transaction
or occurrence or series of events related in time and location.
Successful completion of consent decrees is not considered a
prior adjudication for the purposes of this paragraph; or
(3) fourteen years of age and who is
adjudicated for first degree murder, as provided in Section
30-2-1 NMSA 1978."
SECTION 8. Section 32A-2-7 NMSA 1978 (being Laws 1993,
Chapter 77, Section 36, as amended) is amended to read:
"32A-2-7. COMPLAINTS--REFERRAL--PRELIMINARY INQUIRY--
NOTICE--TIME WAIVER.--
A. Complaints alleging delinquency shall be
referred to probation services, which shall conduct a
preliminary inquiry to determine the best interests of the
child and of the public with regard to any action to be taken.
B. During the preliminary inquiry on a delinquency
complaint, the matter may be referred to another appropriate
agency and conferences may be conducted for the purpose of
effecting adjustments or agreements that will obviate the
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necessity for filing a petition. At the commencement of the
preliminary inquiry, the parties shall be advised of their
basic rights pursuant to Section 32A-2-14 NMSA 1978, and no
party may be compelled to appear at any conference, to produce
any papers or to visit any place. The child shall be informed
of the child's right to remain silent. The preliminary inquiry
shall be completed within the time limits set forth in the
Children's Court Rules.
C. Prior to a preliminary inquiry being conducted
with a child who is detained, the child's parent, guardian or
custodian or the child's attorney shall be given reasonable
notice by the juvenile probation and parole officer and an
opportunity to be present at the preliminary inquiry. Prior to
a preliminary inquiry being conducted with a crossover youth
who is detained, the crossover youth's parent, guardian or
custodian, the crossover youth's attorney and guardian ad litem
and the protective services division of the department shall be
given reasonable notice by the juvenile probation and parole
officer and an opportunity to be present at the preliminary
inquiry. If a child is not detained, the preliminary inquiry
shall be conducted within thirty days of receipt of the
referral from law enforcement. The thirty-day time period may
be extended upon a determination by the department that an
extension is necessary to conduct a thorough preliminary
inquiry and that the extension is not prejudicial to the best
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interests of the child.
D. When a child is in detention or custody and the
children's court attorney does not file a petition within the
time limits authorized by the Children's Court Rules, the child
shall be released immediately. If a child is not detained and
a determination is made to file a petition, the petition shall
be filed within sixty days of completion of the preliminary
inquiry, unless a motion is granted to extend the time limit
for good cause shown. If a child is not in custody or
detention, a petition shall not be dismissed for failure to
comply with the time limit set forth in this subsection unless
there is a showing of prejudice to the child.
E. After completion of the preliminary inquiry on a
delinquency complaint involving a misdemeanor, probation
services may notify the children's court attorney and recommend
an appropriate disposition for the case. If the child has been
referred for three or more prior misdemeanors within two years
of the instant offense, probation services shall notify the
children's court attorney and recommend an appropriate
disposition for the case.
F. Probation services shall notify the children's
court attorney of the receipt of any complaint involving an act
that constitutes a felony under the applicable criminal law.
Probation services shall also recommend a disposition to the
children's court attorney.
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G. The child, through counsel, and the children's
court attorney may agree, without judicial approval, to a
waiver of time limitations imposed after a petition is filed.
A time waiver defers adjudication of the charges. The
children's court attorney may place restrictions on a child's
behavior as a condition of a time waiver. If the child
completes the agreed upon conditions and no new charges are
filed against the child, the pending petition shall be
dismissed. If the children's court attorney files a new
petition against the child, the children's court attorney may
proceed on both the original petition and the new charges. The
department shall become a party if probation services are
requested as a condition of the time waiver."
SECTION 9. Section 32A-2-24 NMSA 1978 (being Laws 1993,
Chapter 77, Section 53, as amended) is amended to read:
"32A-2-24. PROBATION REVOCATION--DISPOSITION--CROSSOVER
YOUTH.--
A. A child on probation incident to an adjudication
as a delinquent child who violates a term of the probation may
be proceeded against in a probation revocation proceeding. A
proceeding to revoke probation shall be begun by filing in the
original proceeding a petition styled as a "petition to revoke
probation". Petitions to revoke probation shall be screened,
reviewed and prepared in the same manner and shall contain the
same information as petitions alleging delinquency. Procedures
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of the Delinquency Act regarding taking into custody and
detention shall apply. The petition shall state the terms of
probation alleged to have been violated and the factual basis
for these allegations.
B. The standard of proof in probation revocation
proceedings shall be evidence beyond a reasonable doubt and the
hearings shall be before the court without a jury. In all
other respects, proceedings to revoke probation shall be
governed by the procedures, rights and duties applicable to
proceedings on a delinquency petition. If a child is found to
have violated a term of the child's probation, the court may
extend the period of probation or make any other judgment or
disposition that would have been appropriate in the original
disposition of the case.
C. During a probation revocation proceeding for a
crossover youth, the petition to revoke probation shall include
a statement filed by the juvenile justice division of the
department that the division made reasonable efforts to help
the crossover youth with the successful completion of all
probation requirements, including the specific details of such
efforts."
SECTION 10. APPROPRIATION.--One hundred thousand dollars
($100,000) is appropriated from the general fund to the
children, youth and families department for expenditure in
fiscal year 2026 to create and staff the crossover youth
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program as provided in the Crossover Youth Act. Any unexpended
or unencumbered balance remaining at the end of fiscal year
2026 shall revert to the general fund.
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