SENATE BILL 1175

48th legislature - STATE OF NEW MEXICO - first session, 2007

INTRODUCED BY

Rod Adair

AN ACT

RELATING TO HEALTH; PROVIDING COURT-ORDERED TREATMENT FOR THE BIOLOGICAL PARENTS OF A BABY BORN WITH FETAL ALCOHOL SYNDROME OR DRUG ADDICTION; PROVIDING PENALTIES.

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

     Section 1. BIRTH OF DRUG-ADDICTED BABIES--PROCEDURES FOR STERILIZING THE BIOLOGICAL PARENTS OF A BABY BORN WITH FETAL ALCOHOL SYNDROME OR DRUG ADDICTION.--

          A. For the purposes of this section:

                (1) "department" means the department of health; and

                (2) "sterilization" means a medical procedure to deprive a person of the power of reproducing.

          B. The department shall design and implement procedures for determining whether a baby is born with fetal alcohol syndrome or drug addiction and for determining the identities of the biological parents of a baby born with fetal alcohol syndrome or drug addiction.

          C. If the department determines that a baby is born with fetal alcohol syndrome or drug addiction, the department shall petition the district court for the judicial district in which the biological mother gave birth to a baby born with fetal alcohol syndrome or drug addiction for an order for determining the maternity and paternity of the baby in accordance with the Uniform Parentage Act. The department shall provide the biological parents with notice of the time and place of the hearing. All parties shall have the opportunity to present testimony and to introduce evidence and cross-examine witnesses.

          D. If the court determines that the persons identified by the department are the biological parents of a baby born with fetal alcohol syndrome or drug addiction, the court shall issue an order to initiate depo-provera contraceptive treatment, or its chemical equivalent, for the biological mother. The contraception order shall include a date by which the treatment shall begin and an order for ongoing contraception treatment. Within two weeks of the scheduled date of each treatment, the biological mother shall provide the department satisfactory proof that the contraception treatment has been completed. The department shall maintain records identifying each person determined by the court to be the biological parent of a baby born with fetal alcohol syndrome or drug addiction.

          E. If the court determines that a person identified by the department pursuant to Subsection C of this section is the biological parent of more than one baby born with fetal alcohol syndrome or drug addiction, and if the person was previously subject to an order for contraception treatment or is identified as the biological father of another baby born with fetal alcohol syndrome or drug addiction, the court shall issue an order for permanent sterilization of that person. The sterilization order shall include a date by which the procedure shall be completed. Within two weeks of that date, the person shall provide the court satisfactory proof that the sterilization procedure has been completed.

          F. The cost of contraception or sterilization procedures ordered pursuant to this section shall be paid by the department.

          G. A biological parent who fails to comply with the court order for sterilization is guilty of a fourth degree felony. Incarceration ordered under this section shall terminate upon agreement by the biological parent to undergo the court-ordered sterilization procedure, and upon proof satisfactory to the court that such sterilization procedure has been completed.