SENATE BILL 294

53rd legislature - STATE OF NEW MEXICO - first session, 2017

INTRODUCED BY

Michael Padilla and Gail Chasey

AN ACT

RELATING TO CHILD ABUSE; CREATING THE CHILD ABUSE HOMICIDE REVIEW TEAM OF THE CRIME VICTIMS REPARATION COMMISSION; PROVIDING DUTIES OF THE CHILD ABUSE HOMICIDE REVIEW TEAM; PROVIDING FOR AN INDEPENDENT INVESTIGATION; REQUIRING REPORTING.

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

     SECTION 1. A new section of the Crime Victims Reparation Act is enacted to read:

     "[NEW MATERIAL] CHILD ABUSE HOMICIDE REVIEW TEAM--CREATION--MEMBERSHIP--DUTIES--CONFIDENTIALITY--CIVIL LIABILITY.--

          A. The "child abuse homicide review team" is created within the commission for the purpose of reviewing the facts and circumstances of child-abuse-related homicides in New Mexico, identifying the causes of the fatalities and their relationship to government and nongovernment service delivery systems and developing methods of child abuse prevention. The children, youth and families department shall provide staff to facilitate meetings of the child abuse homicide review team.

          B. The team shall consist of the following members appointed by the director of the commission:

                (1) medical personnel with expertise in child abuse;

                (2) criminologists;

                (3) representatives from the New Mexico district attorney's association;

                (4) representatives from the office of the attorney general;

                (5) victim services providers;

                (6) civil legal services providers;

                (7) representatives from the public defender department;

                (8) members of the judiciary;

                (9) law enforcement personnel;

                (10) representatives from the department of health, the human services department and the children, youth and families department who deal with child abuse issues and income support and benefits;

                (11) representatives from tribal organizations who deal with child abuse; and

                (12) any other members that the director of the commission deems appropriate.

          C. The child abuse homicide review team shall:

                (1) review trends and patterns of child-abuse-related homicides in New Mexico;

                (2) evaluate the responses of government and nongovernment service delivery systems and offer recommendations for improvement of the responses;

                (3) identify and characterize high-risk groups for the purpose of recommending developments in public policy;

                (4) collect statistical data in a consistent and uniform manner on the occurrence of child-abuse-related homicides; and

                (5) improve collaboration among tribal, state and local agencies and organizations to develop initiatives to prevent child abuse.

          D. An organization, institution, agency or person may share information and records that are otherwise protected by law from disclosure if the information and records are shared only for the purpose of a review of child-abuse-related homicides by the child abuse homicide review team.  

          E. The following items are confidential:

                (1) all records, reports or other information obtained or created by the child abuse homicide review team for the purpose of reviewing child-abuse-related homicides pursuant to this section; and

                (2) all communications made by child abuse homicide review team members or other persons during a review conducted by the team of a child-abuse-related homicide.

          F. The following persons shall honor the confidentiality requirements of this section and shall not make disclosure of any matter related to the team's review of a child-abuse-related homicide, except pursuant to appropriate court orders:

                (1) child abuse homicide review team members;

                (2) persons who provide records, reports or other information to the team for the purpose of reviewing child-abuse-related homicides; and

                (3) persons who participate in a review conducted by the team.

          G. Nothing in this section shall prevent the discovery or admissibility of any evidence that is otherwise discoverable or admissible merely because the evidence was presented during the review of a child-abuse-related homicide pursuant to this section.

          H. Child abuse homicide review team members shall not be subject to civil liability for any act related to the review of a child-abuse-related homicide; provided that the members act in good faith, without malice and in compliance with other state or federal law.

          I. An organization, institution, agency or person that provides testimony, records, reports or other information to the child abuse homicide review team for the purpose of reviewing child-abuse-related homicides shall not be subject to civil liability for providing the testimony, records, reports or other information to the team; provided that the organization, institution, agency or person acts in good faith, without malice and in compliance with other state or federal law.

          J. At least sixty days prior to the convening of each regular session of the legislature, the child abuse homicide review team shall transmit a report of its activities pursuant to this section to:

                (1) the governor;

                (2) the New Mexico legislative council;

                (3) the chief justice of the supreme court;

                (4) the secretary of public safety;

                (5) the secretary of children, youth and families;

                (6) the secretary of health;

                (7) the secretary of human services;

                (8) the New Mexico attorney general; and

                (9) any other persons the team deems appropriate."

     SECTION 2. A new section of the Abuse and Neglect Act is enacted to read:

     "[NEW MATERIAL] CHILD-ABUSE-RELATED HOMICIDE--INDEPENDENT INVESTIGATION--REPORT.--

          A. Whenever a child-abuse-related homicide occurs, the attorney general may request that the secretary of children, youth and families appoint an independent investigator to investigate the homicide.

          B. Within thirty days of receipt of a request by the attorney general as provided in Subsection A of this section, the secretary shall appoint an independent investigator to determine whether, with respect to the child victim, any person failed to make a notification required by law regarding alleged abuse of the child and whether any technical, administrative or procedural issues prevented a required notification from being made, received or acted upon.

          C. An independent investigator appointed in accordance with this section shall submit a report on the completed investigation to the secretary, the attorney general and the child abuse homicide review team."

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