SENATE BILL 91

47th legislature - STATE OF NEW MEXICO - first session, 2005

INTRODUCED BY

Clinton D. Harden, Jr.

AN ACT

RELATING TO THE CHILDREN, YOUTH AND FAMILIES DEPARTMENT; PROVIDING AUTHORITY TO OBTAIN NATIONWIDE CRIMINAL HISTORY RECORDS AND CONDUCT BACKGROUND INVESTIGATIONS FOR EMPLOYMENT PURPOSES.

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

     Section 1. Section 9-2A-8 NMSA 1978 (being Laws 1992, Chapter 57, Section 8, as amended) is amended to read:

     "9-2A-8. DEPARTMENT--ADDITIONAL DUTIES.--In addition to other duties provided by law or assigned to the department by the governor, the department shall:

          A. develop priorities for department services and resources based on state policy and national best-practice standards and local considerations and priorities;

          B. strengthen collaboration and coordination in state and local services for children, youth and families by integrating critical functions as appropriate, including service delivery and contracting for services across divisions and related agencies;

          C. develop and maintain a statewide database, including client tracking of services for children, youth and families;

          D. develop standards of service within the department that focus on prevention, monitoring and outcomes;

          E. analyze policies of other departments that affect children, youth and families to encourage common contracting procedures, common service definitions and a uniform system of access;

          F. enact regulations to control disposition and placement of children under the Children's Code, including regulations to limit or prohibit the out-of-state placement of children, including those who have developmental disabilities or emotional, neurobiological or behavioral disorders, when in-state alternatives are available;

          G. develop reimbursement criteria for licensed child care centers and licensed home providers establishing that accreditation by a department-approved national accrediting body is sufficient qualification for the child care center or home provider to receive the highest reimbursement rate paid by the department;

          H. assume and implement responsibility for children's mental health and substance abuse services in the state, coordinating with the human services department and the department of health;

          I. assume and implement the lead responsibility among all departments for domestic violence services;

          J. implement prevention and early intervention as a departmental focus;

          K. conduct biennial assessments of service gaps and needs and establish outcome measurements to address those service gaps and needs, including recommendations from the governor's children's cabinet and the children, youth and families advisory committee; [and]

          L. ensure that behavioral health services provided, including mental health and substance abuse services for children, adolescents and their families, shall be in compliance with requirements of Section 9-7-6.4 NMSA 1978; and

          M. fingerprint and conduct nationwide criminal history record searches and background investigations on all department employees whose jobs involve direct contact with department clients, including prospective employees and employees who are promoted, transferred or hired into new positions."

     Section 2. A new section of the Children, Youth and Families Department Act is enacted to read:

     "[NEW MATERIAL] CRIMINAL HISTORY RECORD INVESTIGATIONS--PROCEDURE--CONFIDENTIALITY--VIOLATION--PENALTY.--

          A. The department shall submit fingerprints for each individual required to be fingerprinted pursuant to the Children, Youth and Families Department Act to the department of public safety and the federal bureau of investigation.

          B. The department is authorized to use criminal history records obtained from the federal bureau of investigation or from the department of public safety to conduct background investigations on employees and prospective employees of the department.

          C. Criminal histories obtained and information discovered in a background investigation conducted pursuant to this section are confidential and shall be used only for the purpose of determining the suitability of an employee or prospective employee for employment by the department; except that criminal histories or background information obtained pursuant to this section may be released or disclosed to another agency or person only upon court order or with the written consent of the person who is the subject of the criminal history record or background investigation.

          D. A person who releases or discloses criminal history records or information contained in those records or information obtained pursuant to a background investigation in violation of the provisions of this section is guilty of a misdemeanor and if convicted shall be sentenced pursuant to the provisions of Section 31-19-1 NMSA 1978."

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