SENATE BILL 360
57th legislature - STATE OF NEW MEXICO - first session, 2025
INTRODUCED BY
Michael Padilla and David M. Gallegos
AN ACT
RELATING TO THE SAFE HAVEN FOR INFANTS ACT; ALLOWING A PARENT OR A PARENT'S DESIGNEE TO RELINQUISH AN INFANT IN INFANT SAFETY DEVICES FOR THE RELINQUISHMENT OF INFANTS, UNDER CERTAIN CONDITIONS, WITHOUT CRIMINAL PROSECUTION FOR ABANDONMENT OR ABUSE OF A CHILD IN CERTAIN CIRCUMSTANCES; ALLOWING THE INSTALLATION AND OPERATION OF INFANT SAFETY DEVICES FOR THE RELINQUISHMENT OF INFANTS; REQUIRING THE ASSESSING OF FINES FOR THE DISCLOSURE OF CONFIDENTIAL INFORMATION RELATING TO INFANTS RELINQUISHED PURSUANT TO THE SAFE HAVEN FOR INFANTS ACT; PROVIDING REQUIREMENTS FOR INSTALLATION, OPERATION AND MONITORING OF INFANT SAFETY DEVICES; PROVIDING LIMITED IMMUNITY FOR A SAFE HAVEN SITE AND THE SAFE HAVEN SITE'S STAFF; REQUIRING THE CHILDREN, YOUTH AND FAMILIES DEPARTMENT TO PROMULGATE RULES TO IMPLEMENT THE PROVISIONS OF THE SAFE HAVEN FOR INFANTS ACT; DEFINING TERMS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 24-22-2 NMSA 1978 (being Laws 2001, 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. "department" means the children, youth and families department;
[A.] B. "fire station" means a fire station that is certified by the state fire marshal's office;
[B.] C. "hospital" means an acute care general hospital or health care clinic licensed by the state;
[C.] D. "Indian child" means an Indian child as defined by the federal Indian Child Welfare Act of 1978;
[D.] E. "infant" means a child no more than ninety days old, as determined within a reasonable degree of medical certainty;
F. "infant safety device" means a medical device used to maintain an optimal environment for the care of a newborn infant, affixed to a safe haven site and installed in compliance with the provisions of the Safe Haven for Infants Act;
[E.] G. "law enforcement agency" means a law enforcement agency of the state or a political subdivision of the state;
[F.] H. "safe haven site" means a hospital, law enforcement agency or fire station that has staff on site at the time an infant is [left] relinquished at such a site; and
[G.] I. "staff" means an employee, contractor, agent or volunteer performing services as required and on 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--SAFE HAVEN SITE.--
A. A [person] parent or parent's designee may [leave] relinquish an infant with the staff of a safe haven site 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, as determined within a reasonable degree of medical certainty, and] if the infant is [left] relinquished in a condition that would not constitute abandonment or abuse of a child pursuant to Section 30-6-1 NMSA 1978.
B. The staff of a safe haven site may ask the [person leaving] parent or parent's designee relinquishing the infant pursuant to this section for the name of the infant's biological father or biological mother, the infant's name, [and] the infant's medical history and whether the infant is a member of an Indian nation, tribe or pueblo, but the [person leaving] parent or parent's designee relinquishing the infant is not required to provide that information to the safe haven site.
[C. 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. A new section of the Safe Haven for Infants Act is enacted to read:
"[NEW MATERIAL] RELINQUISHING AN INFANT--INFANT SAFETY DEVICE.--A parent or parent's designee may relinquish an infant inside an infant safety device without being subject to criminal prosecution for abandonment or abuse of a child if:
A. the infant safety device is:
(1) located on the property and attached as a fixture to a safe haven site;
(2) conspicuously marked as safe for use pursuant to rules promulgated by the department; and
(3) not otherwise marked as unsafe for use;
B. the parent or parent's designee properly secures the infant inside the infant safety device pursuant to instructions provided at the site of the infant safety device; and
C. the infant is relinquished in a condition that would not constitute abandonment or abuse of a child pursuant to Section 30-6-1 NMSA 1978."
SECTION 4. 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] relinquished at [the] a safe haven site 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] relinquished at the safe haven site [and to the person leaving the infant at the safe haven site, if necessary].
C. Upon receiving an infant who is [left] relinquished at a safe haven site in accordance with the provisions of the Safe Haven for Infants Act, the safe haven site may provide the person [leaving] relinquishing the infant, to the extent practicable, 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.
[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.] D. Immediately after receiving an infant in 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] an infant has been [left] relinquished at the safe haven site and shall inform law enforcement to determine whether the infant is missing or abducted. The safe haven site shall provide the [children, youth and families] department with all available information regarding the [child] infant and the parents, including the identity of the [child] infant and the parents, the location of the parents and the [child's] infant's medical records."
SECTION 5. A new section of the Safe Haven for Infants Act is enacted to read:
"[NEW MATERIAL] RELINQUISHMENT CONFIDENTIALITY--CIVIL PENALTY.--
A. All information relating to an infant relinquished at a safe haven site is confidential and shall not be subject to public disclosure. No staff of a safe haven site, employee of the department or other person with access to such confidential information acquired by virtue of the person's employment or the requirements of the Safe Haven for Infants Act shall use or disclose the confidential information, except as provided pursuant to state law for child welfare investigations or to carry out the provisions of the Safe Haven for Infants Act.
B. A person who violates Subsection A of this section may be assessed a civil penalty not to exceed five hundred dollars ($500) per violation."
SECTION 6. A new section of the Safe Haven for Infants Act is enacted to read:
"[NEW MATERIAL] CONSENT FOR MEDICAL SERVICES.--A safe haven site and the department are deemed to have received consent for medical services provided to an infant relinquished at a safe haven site in accordance with the provisions of the Safe Haven for Infants Act or in accordance with the procedures developed between the department and the safe haven site."
SECTION 7. 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] relinquished at a safe haven site 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 Indian child.]
B. If the department has the information necessary to determine that a relinquished 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.
[D. The children, youth and families department 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.]
C. By 5:00 p.m. on the next business day following an infant's relinquishment at a safe haven site, the department shall file a petition to assume legal custody of the infant.
D. The department shall commence proceedings to terminate the parental rights of the parents of an infant relinquished pursuant to the Safe Haven for Infants Act; provided that prior to commencing such a proceeding, the department shall determine whether a father of the infant is registered in the putative father registry. If the father of the infant is registered in the putative father registry, the department shall not proceed with proceedings to terminate the parental rights of both parents until the registered father provides consent to terminate parental rights.
E. Upon receiving an infant relinquished at a safe haven site, if the department determines that evidence of child abuse or neglect exists, the department shall conduct an investigation and commence child abuse and neglect proceedings pursuant to the Abuse and Neglect Act and shall attempt to locate any relatives of the infant.
[E.] F. An infant [left] relinquished at a safe haven site 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 8. A new section of the Safe Haven for Infants Act is enacted to read:
"[NEW MATERIAL] INFANT SAFETY DEVICE--REQUIREMENTS.--
A. A safe haven site may install an infant safety device inside the safe haven site for a parent or a parent's designee to relinquish an infant pursuant to the Safe Haven for Infants Act.
B. An infant safety device shall:
(1) be physically located:
(a) inside a facility that is staffed twenty-four hours per day and seven days per week by the staff of a safe haven site; and
(b) in an area conspicuous and visible to the staff of a safe haven site; and
(2) be connected to an alarm system to audibly notify the staff of a safe haven site that an infant has been placed in the device.
C. A safe haven site that places an infant safety device in the safe haven site's facilities shall develop procedures to regularly verify that the device's alarm system is in working order."
SECTION 9. Section 24-22-8 NMSA 1978 (being Laws 2001, Chapter 31, Section 8 and Laws 2001, Chapter 132, Section 8, as amended) is amended to read:
"24-22-8. IMMUNITY.--
A. A safe haven site and its staff are immune from criminal liability and civil liability for accepting, examining or treating an infant and installing, operating or maintaining an infant safety device in compliance with the provisions of the Safe Haven for Infants Act but not for subsequent negligent medical care or treatment of the infant.
B. A safe haven site and the safe haven site's staff have no legal duty to detain or identify the parents of an infant relinquished at a safe haven site or in an infant safety device unless evidence of abuse and neglect are present."
SECTION 10. A new section of the Safe Haven for Infants Act is enacted to read:
"[NEW MATERIAL] RULEMAKING.--The department shall promulgate rules to implement the provisions of the Safe Haven for Infants Act, including rules for the determination of whether an infant safety device is safe for use and for the operation and monitoring of an infant safety device."
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