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SENATE BILL 489
57TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 2025
INTRODUCED BY
Linda M. López
AN ACT
RELATING TO CHILD WELFARE; AUTHORIZING THE CHILDREN'S COURT TO
REQUIRE ABUSED OR NEGLECTED CHILDREN OVER THE AGE OF FOURTEEN
TO PARTICIPATE IN COURT-ORDERED BEHAVIORAL HEALTH SERVICES OR
TREATMENT.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 32A-6A-15 NMSA 1978 (being Laws 2007,
Chapter 162, Section 15) is amended to read:
"32A-6A-15. CONSENT FOR SERVICES--CHILDREN FOURTEEN YEARS
OF AGE OR OLDER.--
A. A child fourteen years of age or older is
presumed to have capacity to consent to treatment without
consent of the child's legal custodian, including consent for
individual psychotherapy, group psychotherapy, guidance
counseling, case management, behavioral therapy, family
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therapy, counseling, substance abuse treatment or other forms
of verbal treatment that do not include aversive interventions.
Nothing in this section shall be interpreted to provide a child
fourteen years of age or older with independent consent rights
for the purposes of the provision of special education and
related services as set forth in federal law.
B. Psychotropic medications may be administered to
a child fourteen years of age or older with the informed
consent of the child. When psychotropic medications are
administered to a child fourteen years of age or older, the
child's legal custodian shall be notified by the clinician.
C. A clinician or other mental health and
developmental disabilities professional shall promote the
healthy involvement of a child's legal custodians and family
members in developing and implementing the child's treatment
plan, including appropriate participation in treatment for
children fourteen years of age or older. However, nothing in
this section shall limit the rights of a child fourteen years
of age or older to consent to services and to consent to
disclosure of mental health records.
D. A child who has been adjudicated as abused or
neglected and who is under the jurisdiction of the children's
court may be required to participate in court-ordered
behavioral health services or treatment if the court determines
after a hearing and consideration of evidence that the proposed
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services or treatment is in the best interest of the child and
is necessary to promote the child's health, safety or welfare. "
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