HOUSE BILL 345

57th legislature - STATE OF NEW MEXICO - first session, 2025

INTRODUCED BY

Gail Armstrong and Nicole Chavez and Rebecca Dow

 

 

 

 

 

AN ACT

RELATING TO CHILDREN; REQUIRING THAT A BEHAVIORAL HEALTH ASSESSMENT BE CONDUCTED FOR A CHILD PRIOR TO THE CHILD ENTERING FOSTER CARE; AMENDING A SECTION OF THE NMSA 1978.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. Section 32A-3B-6 NMSA 1978 (being Laws 1993, Chapter 77, Section 78, as amended) is amended to read:

     "32A-3B-6. PLACE OF CUSTODY--FOSTER CARE--BEHAVIORAL HEALTH ASSESSMENT REQUIRED.--

          A. Unless a child from a family in need of services who has been placed in department custody is also alleged or adjudicated delinquent:

                (1) the child shall not be held in a jail or other facility intended or used for the incarceration of adults charged with criminal offenses or for the detention of children alleged to be delinquent children; and

                (2) there shall be a preference that the child be placed in the home of a relative of the child when a relative is available to provide foster care; provided that:

                     (a) placement with a relative is in the best interest of the child;

                     (b) the relative signs a sworn statement that the relative will not return the child to or allow unsupervised visits with the parent, guardian or custodian who is alleged to have committed the abuse or neglect until otherwise directed by the department or the court; and

                     (c) within three days of accepting custody of the child, the relative completes an application form for licensure to operate a foster home pursuant to the Children's Code.

          B. The department shall make reasonable efforts to locate a relative of the child to provide foster care. If a relative is not available to provide foster care, the child may be placed in:

                (1) a licensed foster home or any home authorized under the law for the provision of foster care or group care or use as a protective residence;

                (2) a facility operated by a licensed child welfare services agency; or

                (3) a facility provided for in the Children's Shelter Care Act.

          C. Within forty-five days of placing a child into foster care, the department shall:

                (1) provide for the child to receive a child and adolescent needs and strengths trauma assessment; and

                (2) provide referrals to appropriate behavioral health services based on the child's assessment."

     SECTION 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2025.

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