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SENATE BILL 499
57
TH LEGISLATURE
-
STATE
OF
NEW
MEXICO
-
FIRST SESSION
,
2025
INTRODUCED BY
David M. Gallegos and Joseph L. Sanchez
AN ACT
RELATING TO CHILDREN; AMENDING THE SAFE HAVEN FOR INFANTS ACT;
PROVIDING FOR SAFE HAVEN BABY BOXES AT SAFE HAVEN SITES;
PROVIDING PROCEDURES FOR A PARENT TO LEAVE AN INFANT IN A SAFE
HAVEN BABY BOX; PROVIDING THAT REUNIFICATION OF AN INFANT
RELINQUISHED AT A SAFE HAVEN SITE AND THE INFANT'S PARENTS
SHALL NOT BE REQUIRED UNDER CERTAIN CIRCUMSTANCES; REQUIRING
THE CHILDREN, YOUTH AND FAMILIES DEPARTMENT TO FILE A MOTION TO
TERMINATE PARENTAL RIGHTS IF THE PARENTS OF AN INFANT
RELINQUISHED AT A SAFE HAVEN SITE DO NOT CONTACT THE DEPARTMENT
WITHIN A SPECIFIED TIME PERIOD; PRESCRIBING GUIDELINES FOR
PERMANENCY PLANS OF AN INFANT RELINQUISHED AT A SAFE HAVEN
SITE; AMENDING THE ABUSE AND NEGLECT ACT.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 24-22-2 NMSA 1978 (being Laws 2001,
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Chapter 31, Section 2 and Laws 2001, Chapter 132, Section 2, as
amended) is amended to read:
"24-22-2. DEFINITIONS.--As used in the Safe Haven for
Infants Act:
A. "fire station" means a fire station that is
certified by the state fire marshal's office;
B. "hospital" means an acute care general hospital
or health care clinic licensed by the state;
C. "Indian child" means an Indian child as defined
by the federal Indian Child Welfare Act of 1978;
D. "infant" means a child no more than ninety days
old, as determined within a reasonable degree of medical
certainty;
E. "law enforcement agency" means a law enforcement
agency of the state or a political subdivision of the state;
F. "safe haven baby box" means a conspicuously
marked infant safety device used to maintain an optimal
environment for the care of an infant that is located at a safe
haven site and that allows a parent to anonymously surrender
the infant;
[F.] G. "safe haven site" means a hospital, law
enforcement agency or fire station that has staff on site at
the time an infant is left at such a site; and
[G.] H. "staff" means an employee, contractor,
agent or volunteer performing services as required and on
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behalf of the safe haven site."
SECTION 2. Section 24-22-3 NMSA 1978 (being Laws 2001,
Chapter 31, Section 3 and Laws 2001, Chapter 132, Section 3, as
amended) is amended to read:
"24-22-3. [LEAVING] RELINQUISHING AN INFANT.--
A. A [person may leave an infant with the staff of
a safe haven site] parent may relinquish an infant with the
staff of a safe haven site or in a safe haven baby box without
being subject to criminal prosecution for abandonment or abuse
if the infant was born within ninety days of being left at the
safe haven site or in a safe haven baby box , as determined
within a reasonable degree of medical certainty, and if the
infant is left in a condition that would not constitute
abandonment or abuse of a child pursuant to Section 30-6-1 NMSA
1978.
B. [A] Safe haven site staff may ask the [person]
parent leaving the infant for the name of the infant's
biological father or biological mother, the infant's name and
the infant's medical history; [but the person ] provided that
the parent leaving the infant is not required to provide that
information to the safe haven site.
C. Except when there is actual or suspected child
abuse or neglect, the parent who relinquishes the infant to a
safe haven site or in a safe haven baby box may, at the
parent's choice, remain anonymous and shall be able to leave
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the safe haven site at any time without being pursued or
followed by the staff of the safe haven site or by staff of the
children, youth and families department.
[C.] D. The safe haven site is deemed to have
received consent for medical services provided to an infant
left at a safe haven site in accordance with the provisions of
the Safe Haven for Infants Act or in accordance with procedures
developed between the children, youth and families department
and the safe haven site."
SECTION 3. Section 24-22-4 NMSA 1978 (being Laws 2001,
Chapter 31, Section 4 and Laws 2001, Chapter 132, Section 4, as
amended) is amended to read:
"24-22-4. SAFE HAVEN SITE PROCEDURES.--
A. A safe haven site shall accept an infant who is
left at the safe haven site or in a safe haven baby box in
accordance with the provisions of the Safe Haven for Infants
Act.
B. In conjunction with the children, youth and
families department, a safe haven site shall develop procedures
for appropriate staff to accept and provide necessary medical
services to an infant left at the safe haven site or in a safe
haven baby box and to the person leaving the infant at the safe
haven site, if necessary.
C. Upon receiving an infant who is left at a safe
haven site in accordance with the provisions of the Safe Haven
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for Infants Act, the safe haven site may provide the person
leaving the infant with:
(1) information about adoption services,
including the availability of private adoption services;
(2) brochures or telephone numbers for
agencies that provide adoption services or counseling services;
[and]
(3) written information regarding whom to
contact at the children, youth and families department if the
parent decides to seek reunification with the infant; and
(4) written information stating that by
relinquishing the infant at a safe haven site or in a safe
haven baby box, the parent is presumed to have abandoned the
infant, and unless the parent contacts the children, youth and
families department within ninety days of relinquishing the
infant to a safe haven site, actions will be taken immediately
after the ninety-day period to terminate the parent's parental
rights regarding the infant without further notice to the
parent.
D. A safe haven site shall ask the person leaving
the infant whether the infant has a parent who is either a
member of an Indian tribe or is eligible for membership in an
Indian tribe, but the person leaving the infant is not required
to provide that information to the safe haven site.
E. Immediately after receiving an infant in
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accordance with the provisions of the Safe Haven for Infants
Act, a safe haven site shall inform the children, youth and
families department that the infant has been left at the safe
haven site. The safe haven site shall provide the children,
youth and families department with all available information
regarding the child and the parents, including the identity of
the child and the parents, the location of the parents and the
child's medical records."
SECTION 4. Section 24-22-5 NMSA 1978 (being Laws 2001,
Chapter 31, Section 5 and Laws 2001, Chapter 132, Section 5, as
amended) is amended to read:
"24-22-5. RESPONSIBILITIES OF THE CHILDREN, YOUTH AND
FAMILIES DEPARTMENT.--
A. The children, youth and families department
shall be deemed to have emergency custody of an infant who has
been left at a safe haven site or in a safe haven baby box
according to the provisions of the Safe Haven for Infants Act.
[B. Upon receiving a report of an infant left at a
safe haven site pursuant to the provisions of the Safe Haven
for Infants Act, the children, youth and families department
shall immediately conduct an investigation, pursuant to the
provisions of the Abuse and Neglect Act.
C. When an infant is taken into custody by the
children, youth and families department, the department shall
make reasonable efforts to determine whether the infant is an
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Indian child. If the infant is an Indian child:
(1) the child's tribe shall be notified as
required by Section 32A-1-14 NMSA 1978 and the federal Indian
Child Welfare Act of 1978; and
(2) pre-adoptive placement and adoptive
placement of the Indian child shall be in accordance with the
provisions of Section 32A-5-5 NMSA 1978 regarding Indian child
placement preferences. ]
B. It shall be deemed to not be in the infant's
best interest to reunify the infant with the infant's parents,
grandparents or relatives unless the children, youth and
families department is contacted within ninety days of
relinquishing the infant to a safe haven site or in a safe
haven baby box by the parent of the infant.
C. Upon receiving a report of an infant
relinquished at a safe haven site or in a safe haven baby box
pursuant to the provisions of the Safe Haven for Infants Act,
the children, youth and families department shall immediately
conduct an investigation to determine if the infant was
relinquished in a condition that would not constitute
abandonment or abuse of a child pursuant to Section 30-6-1 NMSA
1978. The children, youth and families department shall file a
petition for custody of the infant as if the infant were
abandoned pursuant to Paragraph (1) of Subsection B of Section
32A-4-28 NMSA 1978 and shall:
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(1) complete service by publication when
filing, taking all necessary steps to ensure the privacy of the
infant's parent;
(2) if a parent of the infant contacts the
department within ninety days, make a reasonable effort to
reunify the infant with the family in accordance with the Abuse
and Neglect Act; or
(3) file a motion to terminate parental rights
of the parent if the parent does not contact the children,
youth and families department within ninety days of the filing
of the petition.
D. When an infant is taken into custody by the
children, youth and families department pursuant to this
section and the department has reason to know that the infant
is an Indian child, the department shall make reasonable
efforts to determine whether the infant is an Indian child. If
the infant is determined to be an Indian child:
(1) the Indian child's tribe shall be notified
as required by Section 32A-28-5 NMSA 1978 and the federal
Indian Child Welfare Act of 1978; and
(2) pre-adoptive placement and adoptive
placement of the Indian child shall be in accordance with the
provisions of Section 32A-5-5 NMSA 1978 regarding Indian child
placement preferences.
[D.] E. The children, youth and families department
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shall perform public outreach functions necessary to educate
the public about the Safe Haven for Infants Act, including
developing literature about that act and distributing it to
safe haven sites.
[E.] F. An infant left at a safe haven site or in a
safe haven baby box in accordance with the provisions of the
Safe Haven for Infants Act shall presumptively be deemed
eligible and enrolled for medicaid benefits and services."
SECTION 5. Section 32A-4-17.1 NMSA 1978 (being Laws 2016,
Chapter 54, Section 3) is amended to read:
"32A-4-17.1. NOTICE TO GRANDPARENTS AND RELATIVES.--
A. Within thirty days after a child is taken into
custody by law enforcement, or when the department files a
petition seeking legal custody of the child, whichever occurs
first, the department shall exercise due diligence and make
reasonable efforts to identify and provide notice to all
grandparents; all parents of a sibling of the child, when the
parent has legal custody of the sibling; and other adult
relatives of the child, including adult relatives suggested by
the parents, unless such notice would be contrary to the best
interests of the child due to family or domestic violence. The
notice shall:
[A.] (1) specify that the child has been or is
being removed from the custody of the parent or parents of the
child;
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[B.] (2) explain the options the relative has
under federal, state or other law to participate in the care
and placement of the child, including any options that may be
lost by failing to respond to the notice;
[C.] (3) describe the requirements for
becoming a foster family home and the additional services and
support that are available for children placed in such a home;
and
[D.] (4) set out the dates of any currently
scheduled court hearings that involve the child.
B. The requirements of this section shall not apply
to infants left at a safe haven site or in a safe haven baby
box pursuant to the Safe Haven for Infants Act. "
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