SENATE BILL 1021

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

INTRODUCED BY

Leonard Lee Rawson

AN ACT

RELATING TO CHILD WELFARE; REQUIRING NOTICE TO FAMILIES OF SPECIFIC ALLEGATIONS OF A COMPLAINT INVOLVING CHILD PROTECTIVE SERVICES.

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, and including training for protective services division employees involved in a preliminary investigation pursuant to Section 32A-4-4 NMSA 1978;

          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."

     Section 2. Section 32A-4-4 NMSA 1978 (being Laws 1993, Chapter 77, Section 98) is amended to read:

     "32A-4-4. COMPLAINTS--REFERRAL--PRELIMINARY INQUIRY.--

          A. Complaints alleging neglect or abuse shall be referred to the department, which shall conduct an investigation to determine the best interests of the child with regard to any action to be taken.

          B. During the investigation of a complaint alleging neglect or abuse, the matter may be referred to another appropriate agency, and conferences may be conducted for the purpose of effecting adjustments or agreements that will obviate the necessity for filing a petition. At the commencement of the investigation, the parties shall be advised of their basic rights and of specific allegations that gave rise to the investigation, and no party may be compelled to appear at any conference, to produce any papers or to visit any place. The investigation shall be completed within a reasonable period of time from the date the complaint was made.

          C. After completion of the investigation on a neglect or abuse complaint, the department shall either recommend or refuse to recommend the filing of a petition.

          D. The department shall file a petition within two days after the date that the child is taken into custody. When a petition is not filed in a timely manner, the child shall be released to the child's parent, guardian or custodian."

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