SENATE JUDICIARY COMMITTEE SUBSTITUTE FOR

SENATE BILL 111

51st legislature - STATE OF NEW MEXICO - second session, 2014

AN ACT

RELATING TO EMERGENCY PLACEMENT OF CHILDREN; REQUIRING IMMEDIATE REMOVAL OF CHILDREN FROM EMERGENCY PLACEMENT HOMES UNDER CERTAIN CIRCUMSTANCES; ALLOWING THE CHILDREN, YOUTH AND FAMILIES DEPARTMENT TO PERFORM CRIMINAL HISTORY RECORD CHECKS; DECLARING AN EMERGENCY.

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

     SECTION 1. Section 32A-3A-11 NMSA 1978 (being Laws 2013, Chapter 50, Section 1) is amended to read:

     "32A-3A-11. EMERGENCY PLACEMENT--CRIMINAL HISTORY RECORD CHECK.--

          A. In an emergency placement situation, when a child must be placed in a home due to the absence of parents or custodians, the department [shall request that] or a criminal justice agency shall perform a federal name-based criminal history record check of each adult residing in the home. The results of the name-based check shall be provided to the department, and, within fifteen days from the date that the name-based check was conducted, the department shall provide a complete set of each adult resident's fingerprints to the department of public safety for immediate submission to the federal bureau of investigation. The department of public safety shall positively identify the fingerprint subject, if possible, and forward the fingerprints to the federal bureau of investigation within fifteen calendar days from the date that the name-based search was conducted. The child [may] shall be removed from the home immediately if any adult resident fails to provide fingerprints or written permission to perform a federal criminal history record check when requested to do so, unless an agreement is entered into with the department providing for the immediate removal from the home of the adult resident who refuses to provide fingerprints.

          B. When placement of a child in a home is denied as a result of a name-based criminal history record check of a resident and the resident contests that denial, the resident shall:

                (1) be entitled to review the information obtained in the criminal history record check; and

                (2) within five business days, submit to the department a complete set of the resident's fingerprints with written permission allowing the department to forward the fingerprints to the department of public safety for submission to the federal bureau of investigation.

          C. The department of public safety [may] shall not charge a [reasonable] fee for processing a fingerprint-based criminal history record check pursuant to this section.

          D. As used in this section, "emergency placement" refers to those limited instances when the department is placing a child in the home of private individuals, including neighbors, friends or relatives, as a result of sudden unavailability of the child's primary caretaker."

     SECTION 2. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.

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