SENATE RULES COMMITTEE SUBSTITUTE FOR

SENATE BILL 458

57th legislature - STATE OF NEW MEXICO - first session, 2025

 

 

 

 

 

 

 

AN ACT

RELATING TO CHILD WELFARE; REQUIRING THE CHILDREN, YOUTH AND FAMILIES DEPARTMENT TO IMPLEMENT THE MULTILEVEL RESPONSE SYSTEM STATEWIDE; ENACTING THE FAMILIES FIRST ACT WITHIN THE CHILDREN'S CODE; REQUIRING THE CHILDREN, YOUTH AND FAMILIES DEPARTMENT TO DEVELOP AND IMPLEMENT A STRATEGIC PLAN FOR APPROVAL BY THE FEDERAL ADMINISTRATION FOR CHILDREN AND FAMILIES; REQUIRING PROVISIONS OF THE STRATEGIC PLAN TO IDENTIFY AND PROVIDE FOSTER CARE PREVENTION SERVICES THAT MEET THE REQUIREMENTS OF THE FEDERAL FAMILY FIRST PREVENTION SERVICES ACT; PROVIDING FOR CHILDREN, YOUTH AND FAMILIES DEPARTMENT CONSULTATION WITH THE EARLY CHILDHOOD EDUCATION AND CARE DEPARTMENT, THE HEALTH CARE AUTHORITY AND THE DEPARTMENT OF HEALTH; PROVIDING STRATEGIC PLAN REQUIREMENTS; PROVIDING ACCESS TO AND REQUIREMENTS FOR CONFIDENTIALITY OF CERTAIN RECORDS AND INFORMATION.

 

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

     SECTION 1. Section 9-2A-8 NMSA 1978 (being Laws 1992, Chapter 57, Section 8, as amended) is amended to read:

     "9-2A-8. DEPARTMENT--ADDITIONAL DUTIES.--In addition to other duties provided by law or assigned to the department by the governor, the department shall:

          A. develop priorities for department services and resources based on state policy and national best-practice standards and local considerations and priorities;

          B. strengthen collaboration and coordination in state and local services for children, youth and families by integrating critical functions as appropriate, including service delivery, and contracting for services across divisions and related agencies;

          C. develop and maintain a statewide database, including client tracking of services for children, youth and families;

          D. develop standards of service within the department that focus on prevention, monitoring and outcomes;

          E. analyze policies of other departments that affect children, youth and families to encourage common contracting procedures, common service definitions and a uniform system of access;

          F. enact [regulations] rules to control disposition and placement of children under the Children's Code, including [regulations] rules to limit or prohibit the out-of-state placement of children, including those who have developmental disabilities or emotional, neurobiological or behavioral disorders, when in-state alternatives are available;

          G. develop reimbursement criteria for licensed child care centers and licensed home providers establishing that accreditation by a department-approved national accrediting body is sufficient qualification for the child care center or home provider to receive the highest reimbursement rate paid by the department;

          H. assume and implement responsibility for children's mental health and substance abuse services in the state, coordinating with the [human services department] health care authority and the department of health;

          I. assume and implement the lead responsibility among all departments for domestic violence services;

          J. implement prevention and early intervention as a departmental focus;

          K. conduct biennial assessments of service gaps and needs and establish outcome measurements to address those service gaps and needs, including recommendations from the governor's children's cabinet and the children, youth and families advisory committee;

          L. ensure that behavioral health services provided, including mental health and substance abuse services for children, adolescents and their families, shall be in compliance with requirements of Section [9-7-6.4] 24A-3-1 NMSA 1978 and any rules adopted pursuant to that section; [and]

          M. develop and implement the families first strategic plan for the delivery of services and access to programs as required pursuant to the Families First Act; and

          [M.] N. fingerprint and conduct nationwide criminal history record searches on all department employees, staff members and volunteers whose jobs involve direct contact with department clients, including prospective employees and employees who are promoted, transferred or hired into new positions, and the superiors of all department employees, staff members and volunteers who have direct unsupervised contact with department clients."

     SECTION 2. Section 32A-4-4.1 NMSA 1978 (being Laws 2019, Chapter 137, Section 2) is amended to read:

     "32A-4-4.1. MULTILEVEL RESPONSE SYSTEM.--

          A. The department shall establish a multilevel response system to evaluate and provide services to a child or the family, relatives, caretakers or guardians of a child with respect to whom a report alleging neglect or abuse has been made. The multilevel response system may include an alternative to investigation upon completion of an evaluation that may be completed at intake by the department, the results of which indicate that there is no immediate concern for the child's safety; provided, however, that an investigation shall be conducted for any report:

                (1) alleging sexual abuse of a child or serious or imminent harm to a child;

                (2) indicating a child fatality;

                (3) requiring law enforcement involvement, as identified pursuant to rules promulgated by the department; or

                (4) requiring a specialized assessment or a traditional investigative approach, as determined pursuant to rules promulgated by the department.

          B. The department may remove a case from the multilevel response system and conduct an investigation if imminent danger of serious harm to the child becomes evident. The department may reassign a case from investigation to the multilevel response system at the discretion of the department.

          C. For each family, including the child who is the subject of a report to the department and that child's relatives, caretakers or guardians, that receives services under the multilevel response system, the department shall conduct a family assessment. Based on the results of the family assessment, the department may offer or provide referrals for counseling, training or other services aimed at addressing the underlying causative factors jeopardizing the safety or well-being of the child who is the subject of a report to the department. A family member, relative, caretaker or guardian may choose to accept or decline any services or programs offered under the multilevel response system; provided, however, that if a family member, relative, caretaker or guardian declines services, the department may choose to proceed with an investigation.

          D. The department shall employ licensed social workers to provide services to families, relatives, caretakers or guardians participating in the multilevel response system to the extent that licensed social workers are available for employment.

          [E. The department may pilot the multilevel response system prior to statewide implementation.

          F. The department may limit implementation of the multilevel response system to areas of the state where appropriate services are available and operate the system within available state and federal resources.

          G.] E. The department shall:

                (1) provide an annual report of system implementation and outcomes to the legislative finance committee, the interim legislative health and human services committee, the interim legislative committee that studies courts, corrections and justice and the department of finance and administration as part of the department's budget submission;

                (2) arrange for an independent evaluation of the multilevel response system, including examining outcomes for child safety and well-being and cost-effectiveness;

                (3) incorporate the multilevel response system into the department's quality assurance review process;

                (4) develop performance measures, as provided in the Accountability in Government Act, for the multilevel response system; and

                (5) implement the multilevel response system statewide no later than July 1, [2022, if the department pilots or otherwise geographically limits the multilevel response system, submit a plan to the legislative finance committee and the department of finance and administration setting forth how the system could be expanded statewide, including a plan to address service availability, and identifying costs that would be incurred by the department] 2027.

          [H.] F. The department shall promulgate rules to implement the provisions of this section.

          [I.] G. As used in this section, "family assessment" means a comprehensive, evidence-based assessment tool used by the department to determine the needs of a child and the child's family, relatives, caretakers or guardians at the time the department receives a report of child abuse and neglect, including an assessment of the likelihood of:

                (1) imminent danger to a child's well-being;

                (2) the child becoming an abused child or a neglected child; and

                (3) the strengths and needs of the child's family members, relatives, caretakers or guardians with respect to providing for the health and safety of the child."

     SECTION 3. A new section of the Children's Code is enacted to read:

     "[NEW MATERIAL] SHORT TITLE.--Sections 3 through 6 of this act may be cited as the "Families First Act"."

     SECTION 4. A new section of the Children's Code is enacted to read:

     "[NEW MATERIAL] DEFINITIONS.--As used in the Families First Act:

          A. "families first services" means foster care prevention services categorized pursuant to the federal Title IV-E prevention services clearinghouse as well-supported, supported or promising that are included in the families first strategic plan implemented pursuant to the Families First Act and are provided by the department through the implementation of that strategic plan; and

          B. "families first strategic plan" means the plan required pursuant to the Families First Act that is developed and implemented by the department in accordance with the regulations and requirements set forth in the federal Family First Prevention Services Act."       

     SECTION 5. A new section of the Children's Code is enacted to read:

     "[NEW MATERIAL] FAMILIES FIRST STRATEGIC PLAN--DEPARTMENT DUTIES--FAMILIES FIRST SERVICES--TIME LINE--IMPLEMENTATION.--

          A. In consultation with the early childhood

education and care department, the health care authority and the department of health, the department shall develop and implement the families first strategic plan. In developing the families first strategic plan, the department shall:

                (1) ensure that provisions of the families

first strategic plan align with and meet the requirements set forth in the federal Family First Prevention Services Act; and

                (2) maximize resources from the federal government under Title IV-E that are available to the department to provide families first services.

          B. The families first strategic plan required pursuant to Subsection A of this section shall:

                (1) include a comprehensive description of the department's responsibilities and duties for providing families first services;

                (2) include a comprehensive and detailed list of each of the families first services the department will provide to eligible persons and affirm that each service to be provided:

                     (a) is eligible for reimbursement pursuant to the federal Family First Prevention Services Act; and

                     (b) is rated as promising, supported or well-supported in accordance with the Title IV-E prevention services clearinghouse;

                (3) identify all network services providers, including other state agencies, that the department will use for providing families first services. If services are provided by another state agency, the department, together with the other state agency, shall establish safety monitoring protocols for direct monitoring of the services provided by that agency and, for each provider used by the department, list the specific families first service that the network services provider will provide, including:

                     (a) mental health or substance abuse prevention and treatment;

                     (b) in-home parent skill-based programs;

                     (c) kinship navigator programs; or

                     (d) any other programs or services that are eligible or become eligible for reimbursement pursuant to the federal Family First Prevention Services Act;

                (4) identify and define the population of eligible persons who may receive families first services and include, at a minimum:

                     (a) a child who is a candidate for foster care but who can remain safely at home with the provision of evidence-based services;

                     (b) a parent, guardian or caregiver of a child at risk of entering foster care;

                     (c) a pregnant or parenting youth in foster care; and 

                     (d) other eligible persons identified by the department;

                (5) identify processes and procedures to be established and followed by the department to determine eligibility for any families first service;

                (6) identify processes and procedures to be established and followed by the department to maximize federal reimbursements, funding and resources available to the department to provide families first services;

                (7) identify the process that the department will use to monitor and oversee the safety of children who receive families first services and programs, as required by the federal Family First Prevention Services Act;

                (8) establish appropriate metrics the department will use to determine and evaluate outcomes from the department's provision of families first services pursuant to the Families First Act, including outcomes related specifically to repeated substantiated reports of maltreatment of a child and the numbers of children entering foster care;

                (9) establish an appropriate time line and strategy for providing families first services statewide. The time line shall include the following:

                     (a) no later than June 30, 2027, the department shall provide families first services through a pilot program that is designed for implementation considering factors such as county population density and rates of child maltreatment and repeat maltreatment; and

                     (b) no later than June 30, 2032, the department shall provide statewide implementation of families first services rolled out in a manner consistent with the best practices derived from the evaluation of the pilot program;

                (10) provide a detailed description of how the department will continuously monitor the families first strategic plan, from development of the plan through the pilot program phase and to statewide implementation. Included in that description shall be how the department will monitor key factors likely to best ensure fidelity to the service model developed within the families first strategic plan; and

                (11) identify the appropriate information to include in an annual report to be provided by the department to the legislative finance committee, the interim legislative health and human services committee, the interim legislative committee that studies courts, corrections and justice and the governor. At a minimum, the annual report shall include the following information:

                     (a) an up-to-date inventory of all families first services available;

                     (b) data, without inclusion of personal identifier information, regarding the uptake and program completion among eligible individuals of families first services, including the area of the state in which the services were accessed;

                     (c) performance results regarding identified outcome measures, to include aggregate data about child participant placement status at the beginning of services and one year after services and whether the child entered foster care within two years after being determined a candidate for foster care and receiving families first services; and

                     (d) fiscal information regarding program and service expenditures and disaggregating state and federal revenue sources.

          C. For the purposes of this subsection, "approving authority" means the federal administration for children and families. The department shall:

(1) no later than August 1, 2025, finalize the

provisions of the families first strategic plan, post the plan to the department's website and provide a copy of the plan to the legislative finance committee, the interim legislative health and human services committee, the interim legislative committee that studies courts, corrections and justice and the governor;

                (2) no later than September 1, 2025:

                     (a) submit the families first strategic plan to the approving authority for approval; and

                     (b) begin providing families first services pursuant to the provisions of the Families First Act;

                (3) if a submitted strategic plan is not approved and the approving authority indicates that to secure an approval, the strategic plan must be revised, as soon as practicable:

                     (a) revise the families first strategic plan in accordance with the revisions required by the approving authority; and

                     (b) submit the revised strategic plan to the approving authority; and

                (4) include in the department's reports required pursuant to the Families First Act the status of each families first strategic plan submitted to the approving authority for approval, including any specific revisions required, the dates of submissions and the dates of approval or nonapproval by the approving authority for each submitted strategic plan and any other relevant information related to the status of a families first strategic plan submitted to the approving authority by the department.

           D. No later than July 1, 2026, and by each July 1 thereafter, the department shall post the annual report as established in the families first strategic plan pursuant to the Families First Act to the department's website, and the department shall submit the annual report to the legislative finance committee, the interim legislative health and human services committee, the interim legislative committee that studies courts, corrections and justice and the governor."

     SECTION 6. A new section of the Children's Code is enacted to read:

     "[NEW MATERIAL] RULES.--By August 1, 2027, the department shall promulgate and adopt rules as necessary to carry out the provisions of the Families First Act."

     SECTION 7. Section 32A-4-21 NMSA 1978 (being Laws 1993, Chapter 77, Section 115, as amended) is amended to read:

     "32A-4-21. NEGLECT OR ABUSE PREDISPOSITION STUDIES, REPORTS AND EXAMINATIONS--SUPPORT SERVICES.--

          A. Prior to holding a dispositional hearing, the court shall direct that a predisposition study and report be submitted in writing to the court by the department.

          B. The predisposition study required pursuant to Subsection A of this section shall contain the following information:

                (1) a statement of the specific reasons for intervention by the department or for placing the child in the department's custody and a statement of the parent's ability to care for the child in the parent's home without causing harm to the child;

                (2) a statement of how an intervention plan is designed to achieve placement of the child in the least restrictive setting available, consistent with the best interests and special needs of the child, including a statement of the likely harm the child may suffer as a result of being removed from the parent's home, including emotional harm that may result due to separation from the child's parents, and a statement of how the intervention plan is designed to place the child in close proximity to the parent's home without causing harm to the child due to separation from parents, siblings or any other person who may significantly affect the child's best interest;

                (3) the wishes of the child as to the child's custodian;

                (4) a statement of the efforts the department has made to identify and locate all grandparents and other relatives and to conduct home studies on any appropriate relative expressing an interest in providing care for the child, and a statement as to whether the child has a family member who, subsequent to study by the department, is determined to be qualified to care for the child;

                (5) a description of services offered to the child, the child's family and the child's foster care family, which, if appropriate and available, may include families first services provided pursuant to the Families First Act, as well as referrals to income support or other services or programs, and a summary of reasonable efforts made to prevent removal of the child from the child's family or reasonable efforts made to reunite the child with the child's family;

                (6) a description of the home or facility in which the child is placed and the appropriateness of the child's placement;

                (7) the results of any diagnostic examination or evaluation ordered at the custody hearing;

                (8) a statement of the child's medical and educational background;

                (9) a case plan that sets forth steps to ensure that the child's physical, medical, cultural, psychological and educational needs are met and that sets forth services to be provided to the child and the child's parents to facilitate permanent placement of the child in the parent's home;

                (10) for children sixteen years of age and older, a plan for developing the specific skills the child requires for successful transition into independent living as an adult, regardless of whether the child is returned to the child's parent's home;

                (11) a case plan that sets forth steps to ensure that the child's educational needs are met and, for a child fourteen years of age or older, a case plan that specifically sets forth the child's educational and post-secondary goals; and

                (12) a description of the child's foster care placement and whether it is appropriate in terms of the educational setting and proximity to the school the child was enrolled in at the time of the placement, including plans for travel for the child to remain in the school in which the child was enrolled at the time of placement, if reasonable and in the child's best interest.

          C. A copy of the predisposition report shall be provided by the department to counsel for all parties five days before the dispositional hearing.

          D. If the child is an adjudicated abused child, any temporary custody orders shall remain in effect until the court has received and considered the predispositional study at the dispositional hearing."

     SECTION 8. Section 32A-4-33 NMSA 1978 (being Laws 1993, Chapter 77, Section 127, as amended) is amended to read:

     "32A-4-33. CONFIDENTIALITY--RECORDS--PENALTY.--

          A. All records or information concerning a party to a neglect or abuse proceeding, including social records, diagnostic evaluations, psychiatric or psychological reports, videotapes, transcripts and audio recordings of a child's statement of abuse or medical reports incident to or obtained as a result of a neglect or abuse proceeding or that were produced or obtained during an investigation in anticipation of or incident to a neglect or abuse proceeding shall be confidential and closed to the public.

          B. The records described in Subsection A of this section shall be disclosed only to the parties and:

                (1) court personnel and persons or entities authorized by contract with the court to review, inspect or otherwise have access to records or information in the court's possession;

                (2) court-appointed special advocates appointed to the neglect or abuse proceeding;

                (3) the child's guardian ad litem;

                (4) the attorney representing the child in an abuse or neglect action, a delinquency action or any other action under the Children's Code;

                (5) department personnel and persons or entities authorized by contract with the department to review, inspect or otherwise have access to records or information in the department's possession;

                (6) [any local substitute care review board or any agency contracted to implement local substitute care review boards] a staff member of the substitute care advisory council, if the records are requested for the purpose of carrying out the provisions of the Citizen Substitute Care Review Act;

                (7) law enforcement officials, except when use immunity is granted pursuant to Section 32A-4-11 NMSA 1978;

                (8) district attorneys, except when use immunity is granted pursuant to Section 32A-4-11 NMSA 1978;

                (9) any state government or tribal government social services agency in any state or when, in the opinion of the department, it is in the best interest of the child, a governmental social services agency of another country;

                (10) a foster parent, if the records are those of a child currently placed with that foster parent or of a child being considered for placement with that foster parent and the records concern the social, medical, psychological or educational needs of the child;

                (11) school personnel involved with the child if the records concern the child's social or educational needs;

                (12) a grandparent, parent of a sibling, relative or fictive kin, if the records or information pertain to a child being considered for placement with that grandparent, parent of a sibling, relative or fictive kin and the records or information concern the social, medical, psychological or educational needs of the child;

                (13) health care or mental health professionals involved in the evaluation or treatment of the child or of the child's parents, guardian, custodian or other family members;

                (14) protection and advocacy representatives pursuant to the federal Developmental Disabilities Assistance and Bill of Rights Act and the federal Protection and Advocacy for Mentally Ill Individuals Amendments Act of 1991;

                (15) children's safehouse organizations conducting investigatory interviews of children on behalf of a law enforcement agency or the department;

                (16) representatives of the federal government or their contractors authorized by federal statute or regulation to review, inspect, audit or otherwise have access to records and information pertaining to neglect or abuse proceedings;

                (17) any person or entity attending a meeting arranged by the department to discuss the safety, well-being and permanency of a child, when the parent or child, or parent or legal custodian on behalf of a child younger than fourteen years of age, has consented to the disclosure; and

                (18) any other person or entity, by order of the court, having a legitimate interest in the case or the work of the court.

          C. A parent, guardian or legal custodian whose child has been the subject of an investigation of abuse or neglect where no petition has been filed shall have the right to inspect any medical report, psychological evaluation, law enforcement reports or other investigative or diagnostic evaluation; provided that any identifying information related to the reporting party or any other party providing information shall be deleted. The parent, guardian or legal custodian shall also have the right to the results of the investigation and the right to petition the court for full access to all department records and information except those records and information the department finds would be likely to endanger the life or safety of any person providing information to the department.

          D. Whoever intentionally and unlawfully releases any information or records closed to the public pursuant to the Abuse and Neglect Act or releases or makes other unlawful use of records in violation of that act is guilty of a petty misdemeanor and shall be sentenced pursuant to the provisions of Section 31-19-1 NMSA 1978.

          E. The department shall promulgate rules for implementing disclosure of records pursuant to this section and in compliance with state and federal law and the Children's Court Rules."

     SECTION 9. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2025.

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