New Mexico 2025 Regular Session

New Mexico Senate Bill SB489 Compare Versions

Only one version of the bill is available at this time.

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28	28	SENATE BILL 489
29	29	57TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 2025
30	30	INTRODUCED BY
31	31	Linda M. López
32	32	AN ACT
33	33	RELATING TO CHILD WELFARE; AUTHORIZING THE CHILDREN'S COURT TO
34	34	REQUIRE ABUSED OR NEGLECTED CHILDREN OVER THE AGE OF FOURTEEN
35	35	TO PARTICIPATE IN COURT-ORDERED BEHAVIORAL HEALTH SERVICES OR
36	36	TREATMENT.
37	37	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
38	38	SECTION 1. Section 32A-6A-15 NMSA 1978 (being Laws 2007,
39	39	Chapter 162, Section 15) is amended to read:
40	40	"32A-6A-15. CONSENT FOR SERVICES--CHILDREN FOURTEEN YEARS
41	41	OF AGE OR OLDER.--
42	42	A. A child fourteen years of age or older is
43	43	presumed to have capacity to consent to treatment without
44	44	consent of the child's legal custodian, including consent for
45	45	individual psychotherapy, group psychotherapy, guidance
46	46	counseling, case management, behavioral therapy, family
47	47	.230916.2 underscored material = new
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74	74	therapy, counseling, substance abuse treatment or other forms
75	75	of verbal treatment that do not include aversive interventions.
76	76	Nothing in this section shall be interpreted to provide a child
77	77	fourteen years of age or older with independent consent rights
78	78	for the purposes of the provision of special education and
79	79	related services as set forth in federal law.
80	80	B. Psychotropic medications may be administered to
81	81	a child fourteen years of age or older with the informed
82	82	consent of the child. When psychotropic medications are
83	83	administered to a child fourteen years of age or older, the
84	84	child's legal custodian shall be notified by the clinician.
85	85	C. A clinician or other mental health and
86	86	developmental disabilities professional shall promote the
87	87	healthy involvement of a child's legal custodians and family
88	88	members in developing and implementing the child's treatment
89	89	plan, including appropriate participation in treatment for
90	90	children fourteen years of age or older. However, nothing in
91	91	this section shall limit the rights of a child fourteen years
92	92	of age or older to consent to services and to consent to
93	93	disclosure of mental health records.
94	94	D. A child who has been adjudicated as abused or
95	95	neglected and who is under the jurisdiction of the children's
96	96	court may be required to participate in court-ordered
97	97	behavioral health services or treatment if the court determines
98	98	after a hearing and consideration of evidence that the proposed
99	99	.230916.2
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127	127	services or treatment is in the best interest of the child and
128	128	is necessary to promote the child's health, safety or welfare. "
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