SENATE BILL 363
57th legislature - STATE OF NEW MEXICO - first session, 2025
INTRODUCED BY
Michael Padilla
AN ACT
RELATING TO CHILDREN; ENACTING THE CHILD PROTECTION AUTHORITY ACT; CREATING THE CHILD PROTECTION AUTHORITY; PRESCRIBING DUTIES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. [NEW MATERIAL] SHORT TITLE.--Sections 1 through 7 of this act may be cited as the "Child Protection Authority Act".
SECTION 2. [NEW MATERIAL] DEFINITIONS.--As used in the Child Protection Authority Act:
A. "authority" means the child protection authority; and
B. "department" means the children, youth and families department.
SECTION 3. [NEW MATERIAL] CHILD PROTECTION AUTHORITY CREATED--DUTIES.--
A. The "child protection authority" is created and is administratively attached to the regulation and licensing department.
B. The authority shall be governed by nine members, appointed as follows:
(1) five members appointed by the governor, subject to confirmation by the senate, including at least one child welfare professional and one representative of a child advocacy organization; and
(2) four members appointed by the legislature, one each by the speaker of the house of representatives, the minority floor leader of the house of representatives, the president pro tempore of the senate and the minority floor leader of the senate.
C. Members shall serve four-year terms; provided that the initial terms shall be staggered, as determined by lot, with three members appointed for terms of two years, three members appointed for terms of three years and the remaining three members appointed for terms of four years. Thereafter, members shall be appointed to terms of four years.
D. The authority shall:
(1) receive and investigate complaints regarding the handling of child abuse, neglect and foster care cases by the department and other child welfare agencies;
(2) monitor and evaluate the department's policies and practices to ensure compliance with federal and state child welfare laws;
(3) make recommendations to the governor, the legislature and the department to improve child welfare practices and address systemic issues;
(4) issue public reports on the authority's findings, including annual reports on trends in child welfare complaints and recommendations for policy reforms;
(5) access records and data, including the department's case files, court records and law enforcement reports, subject to confidentiality safeguards;
(6) provide education and outreach to families, children and mandated reporters regarding child welfare rights and responsibilities; and
(7) operate a toll-free hotline and electronic communication portal to receive complaints.
SECTION 4. [NEW MATERIAL] DIRECTOR AND STAFF.--
A. The authority shall be led by a director who shall be appointed by the members of the authority and serve a six-year term, subject to removal for cause by a two-thirds' vote of the members of the authority or at the discretion of the governor.
B. The director shall hire staff that include investigators, attorneys and policy analysts, as necessary.
C. Staff shall have expertise in child welfare, juvenile law or social services.
SECTION 5. [NEW MATERIAL] COMPLAINT PROCESS.--
A. The authority shall establish a transparent complaint process for individuals to report concerns regarding child protective services.
B. Complaints may be submitted anonymously and shall be investigated promptly.
C. Nothing in the provisions of this section grants subpoena power to the authority for purposes of investigating a complaint.
D. The authority shall maintain communication with the complainant until the complaint is resolved.
E. Upon resolution of a complaint, the authority shall report its findings to the department and to the complainant to the extent allowable by law within ten days.
SECTION 6. [NEW MATERIAL] REPORTING AND ACCOUNTABILITY.--
A. The authority shall submit an annual report to the department, the governor and the legislature detailing findings, case trends and recommendations.
B. The authority shall hold quarterly public meetings to discuss child welfare concerns and policy proposals.
C. At the discretion of the governor or the legislative finance committee, the state auditor shall conduct or cause to be conducted a performance and fiscal audit of the department.
SECTION 7. [NEW MATERIAL] CONFIDENTIALITY AND LEGAL PROTECTIONS.--The authority shall maintain confidentiality of records and protect the identity of complainants, except when necessary to conduct an investigation or disclosure is required by law. Authority staff shall be granted whistleblower protections and immunity from civil liability for actions taken in good faith while performing their duties.
SECTION 8. Section 32A-2-32 NMSA 1978 (being Laws 1993, Chapter 77, Section 61, as amended) is amended to read:
"32A-2-32. CONFIDENTIALITY--RECORDS.--
A. [All] Records pertaining to the child, including all related social records, behavioral health screenings, diagnostic evaluations, psychiatric reports, medical reports, social studies reports, records from local detention facilities, client-identifying records from facilities for the care and rehabilitation of delinquent children, pre-parole or supervised release reports and supervision histories obtained by the juvenile probation office, parole officers and the juvenile public safety advisory board or in possession of the department, are confidential and shall not be disclosed directly or indirectly to the public.
B. The disclosure of all mental health and developmental disability records shall be made pursuant to the Children's Mental Health and Developmental Disabilities Act.
C. The records described in Subsection A of this section, other than mental health and developmental disability records, shall be disclosed only to any of the following; provided that the agency, person or institution receiving information shall not re-release the information without proper consent or as otherwise provided by law:
(1) court personnel;
(2) the child's court appointed special advocates;
(3) the child's attorney or guardian ad litem representing the child in any matter;
(4) department personnel;
(5) corrections department personnel;
(6) law enforcement officials when the request is related to the investigation of a crime;
(7) district attorneys or children's court attorneys;
(8) a state government social services agency in any state;
(9) those persons or entities of a child's Indian tribe specifically authorized to inspect such records pursuant to the federal Indian Child Welfare Act of 1978 or any regulations promulgated under that act;
(10) tribal juvenile justice system and social service representatives;
(11) a foster parent, if the records are those of a child currently placed with that foster parent or of a child being considered for placement with that foster parent, when the disclosure of the information is necessary for the child's treatment or care and shall include only that information necessary to provide for treatment and care of the child;
(12) school personnel involved with the child if the records concern the child's educational needs, but shall only include that information necessary to provide for the child's educational planning and needs;
(13) a health care or mental health professional involved in the evaluation or treatment of the child, the child's parents, guardians or custodian or other family members;
(14) representatives of the protection and advocacy system;
(15) the child's parent, guardian or legal custodian when the disclosure of the information is necessary for the child's treatment or care and shall include only that information necessary to provide for the treatment or care of the child;
(16) any other person or entity, by order of the court, having a legitimate interest in the case or the work of the court who agrees not to otherwise release the records; [and]
(17) the child, if fourteen years of age or older; and
(18) the child protection authority and its staff, pursuant to the requirements of the Abuse and Neglect Act, if the records are needed for the purpose of implementing the Child Protection Authority Act.
D. If disclosure of otherwise confidential records is made to the child or any other person or entity pursuant to a valid release of information signed by the child, all victim or witness identifying information shall be redacted or otherwise deleted.
E. Whoever intentionally and unlawfully releases any information or records closed to the public pursuant to this section or releases or makes other unlawful use of records in violation of this section is guilty of a petty misdemeanor.
F. The department shall promulgate rules for implementing disclosure of records pursuant to this section and in compliance with state and federal law and the Children's Court Rules."
SECTION 9. A new section of the Children's Code is enacted to read:
"[NEW MATERIAL] NOTIFICATION OF CHILD PROTECTION AUTHORITY.--The department shall notify all children placed in the custody of the department, receiving services under the supervision of the department, referred to the department or whose parents, guardians or custodians are under investigation by the department and the children's parents, guardians, foster parents or identified fictive kin of the existence of the child protection authority, the child protection authority's purpose, function, toll-free hotline and electronic communication portal."
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