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SENATE PUBLIC AFFAIRS COMMITTEE SUBSTITUTE FOR

SENATE BILL 49

52nd legislature - STATE OF NEW MEXICO - second session, 2016

AN ACT

RELATING TO CHILDREN; AMENDING SECTIONS OF THE CHILDREN'S CODE, THE ABUSE AND NEGLECT ACT AND THE CITIZEN SUBSTITUTE CARE REVIEW ACT; CREATING THE SUBSTITUTE CARE ADVISORY COUNCIL; TRANSFERRING FUNCTIONS, PERSONNEL, APPROPRIATIONS, PROPERTY, CONTRACTUAL OBLIGATIONS AND REFERENCES IN LAW; AMENDING AND REPEALING SECTIONS OF THE NMSA 1978.

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

SECTION 1. Section 32A-1-4 NMSA 1978 (being Laws 1993, Chapter 77, Section 13, as amended) is amended to read:

"32A-1-4. DEFINITIONS.--As used in the Children's Code: A. "adult" means a person who is eighteen years of age or older;

B. "child" means a person who is less than eighteen years old;

C. "council" means the substitute care advisory council established pursuant to Section 32A-8-4 NMSA 1978;

[C.] D. "court", when used without further qualification, means the children's court division of the district court and includes the judge, special master or commissioner appointed pursuant to the provisions of the Children's Code or supreme court rule;

[D.] E. "court-appointed special advocate" [or "CASA"] means a person appointed [as a CASA] pursuant to the provisions of the Children's Court Rules [who assists] to assist the court in determining the best interests of the child by investigating the case and submitting a report to the court;

[E.] F. "custodian" means an adult with whom the child lives who is not a parent or guardian of the child;

[F.] G. "department" means the children, youth and families department, unless otherwise specified;

[G.] H. "disproportionate minority contact" means the involvement of a racial or ethnic group with the criminal or juvenile justice system at a proportion either higher or lower than that group's proportion in the general population;

[H.] I. "foster parent" means a person, including a relative of the child, licensed or certified by the department or a child placement agency to provide care for children in the custody of the department or agency;

[I.] J. "guardian" means a person appointed as a guardian by a court or Indian tribal authority or a person authorized to care for the child by a parental power of attorney as permitted by law;

[J.] K. "guardian ad litem" means an attorney appointed by the children's court to represent and protect the best interests of the child in a [court proceeding] case; provided that no party or employee or representative of a party to the [proceeding] case shall be appointed to serve as a guardian ad litem;

[K.] L. "Indian child" means an unmarried person who is:

(1) less than eighteen years old;

(2) a member of an Indian tribe or is eligible for membership in an Indian tribe; and

(3) the biological child of a member of an Indian tribe;

[L.] M. "Indian child's tribe" means:

(1) the Indian tribe in which an Indian child is a member or eligible for membership; or

(2) in the case of an Indian child who is a member or eligible for membership in more than one tribe, the Indian tribe with which the Indian child has more significant contacts;

[M.] N. "Indian tribe" means a federally recognized Indian tribe, community or group pursuant to 25 U.S.C. Section 1903(1);

[N.] O. "judge", when used without further qualification, means the judge of the court;

[O.] P. "legal custody" means a legal status created by order of the court or other court of competent jurisdiction or by operation of statute that vests in a person, department or agency the right to determine where and with whom a child shall live; the right and duty to protect, train and discipline the child and to provide the child with food, shelter, personal care, education and ordinary and emergency medical care; the right to consent to major medical, psychiatric, psychological and surgical treatment and to the administration of legally prescribed psychotropic medications pursuant to the Children's Mental Health and Developmental Disabilities Act; and the right to consent to the child's enlistment in the armed forces of the United States;

[P.] Q. "parent" or "parents" includes a biological or adoptive parent if the biological or adoptive parent has a constitutionally protected liberty interest in the care and custody of the child;

[Q.] R. "permanency plan" means a determination by the court that the child's interest will be served best by:

(1) reunification;

(2) placement for adoption after the parents' rights have been relinquished or terminated or after a motion has been filed to terminate parental rights;

(3) placement with a person who will be the child's permanent guardian;

(4) placement in the legal custody of the department with the child placed in the home of a fit and willing relative; or

(5) placement in the legal custody of the department under a planned permanent living arrangement;

[R.] S. "person" means an individual or any other form of entity recognized by law;

[S.] T. "preadoptive parent" means a person with whom a child has been placed for adoption;

[T.] U. "protective supervision" means the right to visit the child in the home where the child is residing, inspect the home, transport the child to court-ordered diagnostic examinations and evaluations and obtain information and records concerning the child;

V. "relative" means a person related to another person by blood within the fifth degree of consanguinity or through marriage by the fifth degree of affinity;

[U.] W. "reunification" means either a return of the child to the parent or to the home from which the child was removed or a return to the noncustodial parent;

[V.] X. "tribal court" means:

(1) a court established and operated pursuant to a code or custom of an Indian tribe; or

(2) any administrative body of an Indian tribe that is vested with judicial authority;

[W.] Y. "tribal court order" means a document issued by a tribal court that is signed by an appropriate authority, including a judge, governor or tribal council member, and that orders an action that is within the tribal court's jurisdiction; and

[X.] Z. "tribunal" means any judicial forum other than the court."

SECTION 2. Section 32A-4-25 NMSA 1978 (being Laws 1993, Chapter 77, Section 119, as amended) is amended to read:

"32A-4-25. PERIODIC JUDICIAL REVIEW OF DISPOSITIONAL JUDGMENTS.--

A. The initial judicial review shall be held within sixty days of the disposition. At the initial judicial review, the parties shall demonstrate to the court efforts made to implement the treatment plan approved by the court in its dispositional order. The court shall determine the extent to which the treatment plan has been implemented and make supplemental orders as necessary to ensure compliance with the treatment plan and the safety of the child. Prior to the initial judicial review, the department shall submit a copy of the adjudicatory order, the dispositional order and notice of the initial judicial review to the [local substitute care review board for that judicial district created under the Citizen Substitute Care Review Act] council. The staff of the council, or an entity contracting with the council, shall review the case. If the staff or contracting entity determines that the case meets the criteria established in council rules, the staff or contracting entity shall designate the case for review by a substitute care review board. A representative of the [local] substitute care review board, if designated, shall be permitted to attend and comment to the court.

B. The court shall conduct subsequent periodic judicial reviews of the dispositional [orders shall be held] order within six months of the conclusion of the permanency hearing or, if a motion has been filed for termination of parental rights or permanent guardianship, within six months of the decision on that motion and every six months thereafter. Prior to [the] a subsequent periodic judicial review, the department shall submit a progress report to the [local substitute care review board for that judicial district created under the Citizen Substitute Care Review Act] council or any designated substitute care review board. Prior to any judicial review by the court pursuant to this section, the [local] substitute care review board may review the dispositional order or the continuation of the order and the department's progress report and report its findings and recommendations to the court. [The]

C. Judicial review pursuant to this section may be carried out by either of the following:

(1) a judicial review hearing conducted by the court; or

(2) a judicial review hearing conducted by a special master appointed by the court; provided, however, that the court approve any findings made by the special master.

[C.] D. The children's court attorney shall give notice of the time, place and purpose of any judicial review hearing held pursuant to Subsection A, B or C of this section to:

(1) all parties, including:

(a) the child alleged to be neglected or abused or in need of court-ordered services, by and through the child's guardian ad litem or attorney;

(b) the child's [CASA, a contractor administering the local substitute care review board and the child's foster parent or substitute care provider of the time, place and purpose of any judicial review hearing held pursuant to Subsection A or B of this section] parent, guardian or custodian, who has allegedly neglected or abused the child or is in need of court-ordered services; and

(2) the child's foster parent or substitute care provider; and

(3) if designated by the council, the substitute care review board.

[D.] E. At any subsequent judicial review hearing held pursuant to Subsection B of this section, the department [the child's guardian ad litem or attorney] and all parties given notice pursuant to Subsection [C] D of this section shall have the opportunity to present evidence and to cross-examine witnesses. At the hearing, the department shall show that it has made reasonable effort to implement any treatment plan approved by the court in its dispositional order and shall present a treatment plan consistent with the purposes of the Children's Code for any period of extension of the dispositional order. The respondent shall demonstrate to the court that efforts to comply with the treatment plan approved by the court in its dispositional order and efforts to maintain contact with the child were diligent and made in good faith. The court shall determine the extent of compliance with the treatment plan and whether progress is being made toward establishing a stable and permanent placement for the child.

[E.] F. The Rules of Evidence shall not apply to hearings held pursuant to this section. The court may admit testimony by any person given notice of the hearing who has information about the status of the child or the status of the treatment plan.

[F.] G. At the conclusion of any hearing held pursuant to this section, the court shall make findings of fact and conclusions of law.

[G.] H. When the child is an Indian child, the court shall determine during review of a dispositional order whether the placement preferences set forth in the federal Indian Child Welfare Act of 1978 or the placement preferences of the child's Indian tribe were followed and whether the child's treatment plan provides for maintaining the child's cultural ties. When placement preferences have not been followed, good cause for noncompliance shall be clearly stated and supported.

[H.] I. Based on its findings at a judicial review hearing held pursuant to Subsection B of this section, the court shall order one of the following dispositions:

(1) dismiss the action and return the child to the child's parent without supervision if the court finds that conditions in the home that led to abuse have been corrected and it is now safe for the return of the abused child;

(2) permit the child to remain with the child's parent, guardian or custodian subject to those conditions and limitations the court may prescribe, including protective supervision of the child by the department;

(3) return the child to the child's parent and place the child under the protective supervision of the department;

(4) transfer or continue legal custody of the child to:

(a) the noncustodial parent, if that is found to be in the child's best interests;

(b) a relative or other individual who, after study by the department or other agency designated by the court, is found by the court to be qualified to receive and care for the child and is appointed as a permanent guardian of the child; or

(5) continue the child in the legal custody of the department with or without any required parental involvement in a treatment plan. Reasonable efforts shall be made to preserve and reunify the family, with the paramount concern being the child's health and safety unless the court finds that such efforts are not required. The court may determine that reasonable efforts are not required to be made when the court finds that:

(a) the efforts would be futile; or

(b) the parent, guardian or custodian has subjected the child to aggravated circumstances;

(6) make additional orders regarding the treatment plan or placement of the child to protect the child's best interests if the court determines the department has failed in implementing any material provision of the treatment plan or abused its discretion in the placement or proposed placement of the child; or

(7) if during a judicial review the court finds that the child's parent, guardian or custodian has not complied with the court-ordered treatment plan, the court may order:

(a) the child's parent, guardian or custodian to show cause why the parent, guardian or custodian should not be held in contempt of court; or

(b) a hearing on the merits of terminating parental rights.

[I.] J. Dispositional orders entered pursuant to this section shall remain in force for a period of six months, except for orders that provide for transfer of the child to the child's noncustodial parent or to a permanent guardian.

[J. The report of the local substitute care review board submitted to the court pursuant to Subsection B of this section shall become a part of the child's permanent court record.]

K. When the court determines, pursuant to Paragraph (5) of Subsection [H] I of this section, that no reasonable efforts at reunification are required, the court shall conduct, within thirty days, a permanency hearing as described in Section 32A-4-25.1 NMSA 1978. The department shall make reasonable efforts [shall be made] to place the child in a timely manner in accordance with the permanency plan and to complete whatever steps are necessary to finalize the permanent placement of the child."

SECTION 3. Section 32A-4-25.1 NMSA 1978 (being Laws 1997, Chapter 34, Section 8, as amended) is amended to read:

"32A-4-25.1. PERMANENCY HEARINGS--PERMANENCY REVIEW HEARINGS.--

A. A permanency hearing shall be commenced within six months of the initial judicial review of a child's dispositional order or within twelve months of a child entering foster care pursuant to Subsection D of this section, whichever occurs first. Prior to the initial permanency hearing [all parties to the hearing shall attend a mandatory meeting and attempt to settle issues attendant to the permanency hearing and develop a proposed treatment plan that serves the child's best interest. Prior to the initial permanency hearing, the department shall submit a progress report regarding the child to the local substitute care review board for that judicial district. The local substitute care review board may review the child's dispositional order, any continuation of that order]:

(1) the department shall submit a copy of any continuation of the dispositional order and notice of hearing to the council or any substitute care review board designated pursuant to Section 32A-8-5 NMSA 1978;

(2) the department shall submit a progress report to any designated substitute care review board;

(3) all parties to the hearing shall attend a mandatory meeting and attempt to settle issues attendant to the permanency hearing and develop a proposed treatment plan that serves the child's best interest; and

(4) any designated substitute care review board may review the child's case and the department's progress report and report its findings and recommendations to the court.

B. At the permanency hearing, all parties shall have the opportunity to present evidence and to cross-examine witnesses. At the conclusion of the permanency hearing, the court shall order one of the following permanency plans for the child:

(1) reunification;

(2) placement for adoption after the parents' rights have been relinquished or terminated or after a motion has been filed to terminate parental rights;

(3) placement with a person who will be the child's permanent guardian;

(4) placement in the legal custody of the department with the child placed in the home of a fit and willing relative; or

(5) placement in the legal custody of the department under a planned permanent living arrangement, provided that there is substantial evidence that none of the above plans is appropriate for the child.

C. If the court adopts a permanency plan of reunification, the court shall adopt a plan for transitioning the child home and schedule a permanency review hearing within three months. If the child is reunified, the subsequent hearing may be vacated.

D. If the court adopts a permanency plan other than reunification, the court shall determine whether the department has made reasonable efforts to identify and locate all grandparents and other relatives. The court shall also determine whether the department has made reasonable efforts to conduct home studies on any appropriate relative expressing an interest in providing permanency for the child. The court must ensure [the] that consideration has been given to the child's familial identity and connections. If the court finds that reasonable efforts have not been made to identify or locate grandparents and other relatives or to conduct home studies on appropriate and willing relatives, the court shall schedule a permanency review within sixty days to determine whether an appropriate relative placement has been made. If a relative placement is made, the subsequent hearing may be vacated.

E. At the permanency review hearing, all parties and the child's guardian ad litem or attorney shall have the opportunity to present evidence and cross-examine witnesses. Based on the evidence, the court shall:

(1) change the plan from reunification to one of the alternative plans provided in Subsection B of this section;

(2) dismiss the case and return custody of the child to the child's parent, guardian or custodian; or

(3) return the child to the custody of the child's parent, guardian or custodian, subject to any conditions or limitations as the court may prescribe, including protective supervision of the child by the department and continuation of the treatment plan for not more than six months, after which the case shall be dismissed. The department may seek removal of a child from the home by obtaining an order in the pending case or by seeking emergency removal under Section 32A-4-6 NMSA 1978 during the period of protective supervision if the child's best interest requires such action. When a child is removed in this situation, a permanency hearing shall be scheduled within thirty days of the child coming back into the department's legal custody.

F. The court shall hold a permanency hearing and adopt a permanency plan for a child within twelve months of the child entering foster care. For purposes of this section, a child shall be considered to have entered foster care on the earlier of:

(1) the date of the first judicial finding that the child has been abused or neglected; or

(2) sixty days after the date on which the child was removed from the home.

G. The court shall hold permanency hearings every twelve months when a child is in the legal custody of the department.

H. The children's court attorney shall give notice to all parties, including the child by and through the child's guardian ad litem or attorney, the child's [CASA, a contractor administering the local] court-appointed special advocate, the council or any designated substitute care review board and the child's foster parent or substitute care provider of the time, place and purpose of any permanency hearing or permanency review hearing held pursuant to this section.

I. The Rules of Evidence shall not apply to permanency hearings. The court may admit testimony by any person given notice of the permanency hearing who has information about the status of the child or the status of the treatment plan. All testimony shall be subject to

cross-examination."

SECTION 4. Section 32A-8-1 NMSA 1978 (being Laws 1993, Chapter 77, Section 203) is amended to read:

"32A-8-1. SHORT TITLE.--Chapter [32] 32A, Article 8 NMSA 1978 may be cited as the "Citizen Substitute Care Review Act"."

SECTION 5. Section 32A-8-2 NMSA 1978 (being Laws 1993, Chapter 77, Section 204) is amended to read:

"32A-8-2. PURPOSE OF ACT.--The purpose of the Citizen Substitute Care Review Act is to provide a permanent system for independent and objective monitoring of children placed in the custody of the department by examining the policies, procedures and practices of the department and, where appropriate, specific cases to evaluate the extent to which the department is effectively discharging its child protection responsibilities."

SECTION 6. Section 32A-8-4 NMSA 1978 (being Laws 1993, Chapter 77, Section 206) is amended to read:

"32A-8-4. [STATE ADVISORY COMMITTEE] SUBSTITUTE CARE ADVISORY COUNCIL--MEMBERS--COMPENSATION--RESPONSIBILITIES.--

A. [A state advisory committee] The "substitute care advisory council" is created and, in accordance with the provisions of Section 9-1-7 NMSA 1978, is administratively attached to the regulation and licensing department. The general purpose of the council is to oversee substitute care review boards in their monitoring of children placed in the custody of the children, youth and families department to identify systemic policy issues regarding substitute care. The council shall be composed of [three persons with expertise in the area of substitute care, appointed by the secretary of finance and administration, and also one representative of each local substitute care review board. Each local board shall select its representative to the state advisory committee in accordance with procedures established by that committee. No] seven persons, including:

(1) the secretary of public education or the secretary's designee;

(2) the secretary of human services or the secretary's designee;

(3) the secretary of finance and administration or the secretary's designee;

(4) the secretary of health or the secretary's designee;

(5) one public member, appointed by the governor, who:

(a) is at least eighteen and no more than thirty years of age at the time of appointment; and

(b) was previously placed in substitute care; and

(6) two public members, appointed by the governor, who have expertise in the area of child welfare.

B. The council may hire staff and contract for services to carry out the purposes of the Citizen Substitute Care Review Act. A person or a relative of a person employed by the department or a district court [may] shall not serve on the [state advisory committee] council.

[B.] C. Terms of office of [local substitute care review board] public members of the [state advisory committee shall be coterminous with their terms as members of the local boards. Terms of office of members who are appointed by the secretary of finance and administration shall be for three years; provided, however, that appointment of the first state advisory committee members shall be to staggered terms so that one member shall serve for a term of three years, one member shall serve for a term of two years and one member shall serve for a term of one year. The term of each member shall expire on June 30 of the appropriate year] council shall be three years. Public members shall be eligible for reappointment. In the event that a vacancy occurs among the members of the [state advisory committee appointed by the secretary of finance and administration] council, the [secretary] governor shall appoint another person to serve the unexpired portion of the term.

[C.] D. The [state advisory committee] council shall select a chairperson, a vice chairperson [an executive committee] and other officers as it deems necessary.

[D.] E. The [state advisory committee] council shall meet no less than twice annually and more frequently upon the call of the chairperson [or as the executive committee may determine].

F. The [state advisory committee is authorized to] council shall adopt reasonable rules relating to the functions and procedures of the [local] substitute care review boards and the [state advisory committee] council in accordance with the duties of the boards as provided in the Citizen Substitute Care Review Act. These rules shall [include guidelines for the determination of the appropriate type of review and]:

(1) establish training requirements for substitute care review board members;

(2) establish criteria for council designation of cases for substitute care review board review;

(3) establish procedures for substitute care review board review of designated cases;

(4) establish criteria for membership and tenure on and operating procedures for substitute care review boards;

(5) specify the information needed for [all] designated cases to be monitored by [the local] substitute care review boards; and

(6) specify case information to be tracked and reported to the council.

G. When adopting rules establishing criteria for designation of cases for substitute care review board review, the council shall weigh the importance of the following factors, including:

(1) sibling placements;

(2) the frequency and severity of neglect or abuse;

(3) the behavioral health status of household members;

(4) the placement of children in households where there are no relatives of the children;

(5) data related to demographics; and

(6) relevant trend data.

H. The [state advisory committee] council shall review and coordinate the activities of the [local] substitute care review boards and make a report with its recommendations to the department, the courts and the [legislature] appropriate legislative interim committees, on or before [January] November 1 of each year, regarding statutes, rules, policies and procedures relating to substitute care. This report shall include recommendations for any changes to substitute care review boards.

[E. State advisory committee] I. Council members shall receive per diem and mileage as provided for nonsalaried public officers in the Per Diem and Mileage Act; [and] provided that, if a different provision of that act applies to a specific member, that member shall be paid pursuant to that applicable provision. Members shall receive no other compensation, perquisite or allowance."

SECTION 7. Section 32A-8-5 NMSA 1978 (being Laws 1993, Chapter 77, Section 207) is amended to read:

"32A-8-5. [LOCAL] SUBSTITUTE CARE REVIEW BOARDS--APPOINTMENTS--EXCLUSION--TERMS--TRAINING--COMPENSATION--MEETINGS.--

A. The [contractor, selected by the department of finance and administration pursuant to the provisions of Section 32-8-3 NMSA 1978] council shall establish [and maintain local substitute care review boards to review, as provided in] no fewer than three substitute care review boards and, in each judicial district established pursuant to Section 34-6-1 NMSA 1978, no more than the following number of substitute care review boards:

(1) two substitute care review boards in the first judicial district;

(2) three substitute care review boards in the second judicial district;

(3) one substitute care review board in the third judicial district;

(4) two substitute care review boards in the fourth judicial district;

(5) two substitute care review boards in the fifth judicial district;

(6) two substitute care review boards in the sixth judicial district;

(7) two substitute care review boards in the seventh judicial district;

(8) two substitute care review boards in the eighth judicial district;

(9) one substitute care review board in the ninth judicial district;

(10) one substitute care review board in the tenth judicial district;

(11) two substitute care review boards in the eleventh judicial district;

(12) two substitute care review boards in the twelfth judicial district; and

(13) two substitute care review boards in the thirteenth judicial district.

B. The council, or a contractor performing services for the council pursuant to Subsection B of Section 32A-8-4 NMSA 1978, shall provide administrative support to substitute care review boards in accordance with the Citizen Substitute Care Review Act [the disposition of children in the custody of the department prior to judicial review. Each board shall, to the maximum extent feasible, represent the various socioeconomic, racial and ethnic groups of the community that they serve.

B. Criteria for membership and tenure on local substitute care review boards shall be determined by the state advisory committee, after consultation with the department of finance and administration and the contractor. No] and rules that the council has adopted.

C. A person or a relative of a person employed by [the department of finance and administration] the children, youth and families department, the human services department, the public education department, the department of health, a contractor of the council or a district court [may] shall not serve on a [local] substitute care review board.

[C. Each local substitute care review board shall elect a chairperson, a vice chairperson and other officers as it deems necessary.]

D. [Local] The composition of each substitute care review board shall be broadly representative of the community in which the board serves and include members with expertise in the prevention and treatment of child abuse and neglect and may include adult former victims of child abuse or neglect.

E. Each substitute care review board shall meet at least once per quarter to review cases designated in accordance with council rules.

F. Substitute care review board members may receive per diem and mileage as provided for nonsalaried public officers in the Per Diem and Mileage Act; [and] provided that, if a different provision of that act applies to a specific member, that member shall be paid pursuant to that applicable provision. Members shall receive no other compensation, perquisite or allowance.

G. Upon request of the council, a substitute care review board shall prepare a report summarizing its activities. These reports shall not contain confidential information."

SECTION 8. Section 32A-8-6 NMSA 1978 (being Laws 1993, Chapter 77, Section 208) is amended to read:

"32A-8-6. [CITIZEN] SUBSTITUTE CARE REVIEW BOARD REVIEWS OF [DISPOSITIONAL JUDGMENTS] CASES.--

A. [Prior to any judicial review by the court pursuant to Section 32-4-23 NMSA 1978, the local substitute care review board shall review any dispositional order or the continuation of the order and the department's progress report on the child and submit a report to the court. The] When council rules designate the review of a case, a substitute care review board shall conduct the review in accordance with the provisions of the Children's Code and the Abuse and Neglect Act and council rules. The designated substitute care review board shall submit a report to the court for each case that it reviews. The substitute care review board shall give the parties in [the] a children's court [proceedings shall be given prior] case under substitute care review board review notice of [the] a substitute care review board meeting related to that case and [be afforded] afford the parties an opportunity to participate fully in the substitute care review board meeting.

B. [The] A report [of the local] that a substitute care review board submitted to the court pursuant to this section shall become a part of the child's permanent court record."

SECTION 9. Section 32A-8-7 NMSA 1978 (being Laws 1993, Chapter 77, Section 209) is amended to read:

"32A-8-7. [TEMPORARY PROVISIONS] TRANSFER PROVISIONS--FUNDS--CONTRACTS--REFERENCES IN LAW.--On the effective date of this 2016 act:

A. [On the effective date of the Children's Code] all functions, records, personnel, appropriations, money, furniture, property, equipment and supplies of the department of finance and administration relating to the Citizen Substitute Care Review Act shall be transferred to the [department of finance and administration] council;

B. [On the effective date of the Children's Code] all appropriations, contract funds and funds for contract administration and staff, the cost of [advisory committee] council per diem and travel, training and all other costs relating to the Citizen Substitute Care Review Act shall be transferred from the department of finance and administration to the [department of finance and administration] council;

C. [On the effective date of the Children's Code] all existing rules and regulations, contracts and agreements [in effect with] of the department [for providing a] of finance and administration relating to the statewide system of [local] substitute care review boards shall be binding and effective on the [department of finance and administration] council; and

D. all references in law to the state advisory committee shall be deemed to be references to the council."

SECTION 10. REPEAL.--Section 32A-8-3 NMSA 1978 (being Laws 1993, Chapter 77, Section 205) is repealed.

SECTION 11. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2016.

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