SENATE BILL 207

56th legislature - STATE OF NEW MEXICO - first session, 2023

INTRODUCED BY

Gregg Schmedes

 

 

 

 

 

AN ACT

RELATING TO CHILDREN; PROVIDING A BEST INTERESTS OF THE CHILD STANDARD IN ABUSE AND NEGLECT CASES.

 

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

     SECTION 1. A new section of the Abuse and Neglect Act is enacted to read:

     "[NEW MATERIAL] BEST INTERESTS OF THE CHILD STANDARD.--In all matters and proceedings pursuant to the Abuse and Neglect Act, the following factors shall be considered in determining the best interests of the child:

          A. the child's age and physical and mental vulnerabilities;

          B. the frequency and nature of any out-of-home placements for the child;

          C. the frequency, magnitude and other circumstances of the harm to the child;

          D. any repeated harm suffered by the child;

          E. any fear by the child of living in or returning to the home from which the child was removed, current placement or potential placement;

          F. the results of psychiatric, psychological or developmental evaluations of the child, the child's parents or other family members;

          G. any history of abusive conduct by the child's family or others who have access to the child's home;

          H. any history of substantiated claims of substance abuse by the child's family or others who have access to the child's home;

          I. whether the perpetrator of the harm to the child is identified;

          J. whether an identified perpetrator has or may have continued access to the child;

          K. the circumstances under which a parent voluntarily relinquished parental rights to the child;

          L. the willingness and ability of the child's family to:

                (1) seek, accept and complete family services, including services that address specific needs of the child or family;

                (2) cooperate with and facilitate close supervision by an appropriate agency; and

                (3) complete psychological, domestic violence and substance abuse assessments;

          M. the willingness and ability of the child's family to effect positive environmental and personal changes within a reasonable period of time;

          N. a demonstration by the child's family of adequate parenting skills, including providing the child and other children under the family's care with:

                (1) minimally adequate health and nutritional care;

                (2) nurture, care and appropriate discipline consistent with the child's physical and psychological development;

                (3) guidance and supervision consistent with the child's safety;

                (4) a safe home environment;

                (5) protection from repeated exposure to violence even though the violence may not be directed at the child; and

                (6) an understanding of the child's needs and capabilities; and

          O. the availability of an adequate social support system for the child consisting of an extended family and friends."