SB0428

SENATE BILL 428

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

INTRODUCED BY

Linda M. López and Antoinette Sedillo Lopez

AN ACT

RELATING TO CHILD WELFARE; ENACTING THE CROSSOVER YOUTH ACT; CREATING THE CROSSOVER YOUTH PROGRAM; REQUIRING CROSSOVER YOUTH TRAINING; REQUIRING INTRA-AGENCY AND INTERAGENCY COLLABORATION; PROVIDING BASIC RIGHTS; MAKING AN APPROPRIATION.

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

SECTION 1. A new section of the Children's Code is enacted to read:

"[NEW MATERIAL] SHORT TITLE--Sections 1 through 6 of this act may be cited as the "Crossover Youth Act"."

SECTION 2. A new section of the Children's Code is enacted to read:

"[NEW MATERIAL] DEFINITIONS--As used in the Crossover Youth Act:

A. "crossover youth" means a child who is simultaneously involved in both the child welfare and juvenile justice systems, whether or not the child has been adjudicated in those systems; and

B. "dually involved eligible adult" means a person who is being served by the fostering connections program pursuant to the Fostering Connections Act and who is simultaneously involved in the juvenile justice system or adult criminal justice system."

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

"[NEW MATERIAL] CROSSOVER YOUTH PROGRAM CREATED--PROGRAM COORDINATOR--DUTIES.--

A. The "crossover youth program" is created within the department. The department shall appoint a program coordinator to administer the crossover youth program.

B. The crossover youth program coordinator shall:

(1) facilitate collaboration between the protective services division and the juvenile justice division of the department in all cases involving crossover youth;

(2) facilitate collaboration between the fostering connections program and the adult criminal justice system in all cases involving dually involved eligible adults;

(3) collect data, including data related to New Mexico crossover youth who are housed in a facility in another state or who have been adjudicated in the juvenile justice system in another state, regarding final determinations by the courts in all cases involving crossover youth and dually involved eligible adults;

(4) act as the department's lead coordinator to develop and deliver annual mandatory training materials to the department, the judiciary, the public defender department, the district attorneys' offices and the office of family representation and advocacy. The training materials shall include information on the Crossover Youth Act and issues related to crossover youth as required under Section 4 of the Crossover Youth Act; and

(5) assist the department with the promulgation of rules pursuant to the provisions of the Crossover Youth Act."

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

"[NEW MATERIAL] CROSSOVER YOUTH TRAINING.--

A. The department shall develop and deliver annual mandatory training to all staff assigned to the protective services division and the juvenile justice division of the department, including all children's court attorneys. The training shall include information on:

(1) crossover youth issues, including issues concerning delinquent offenders, youthful offenders, victims' rights, the federal Indian Child Welfare Act of 1978, the Indian Family Protection Act, the Fostering Connections Act, the negative impact of juvenile justice involvement on youth who are exiting from the foster care system, the impact of trauma on child development and the eight core strategies of the juvenile detention alternatives initiative that are incorporated into the Children's Code; and

(2) cultural humility and racial and ethnic disparities impacting youth who are involved in the juvenile justice system and the child welfare system. The mandatory training shall also be provided for all leadership assigned to the protective services division and the juvenile justice division of the department, including the general counsel.

B. The public defender department, all district attorneys' offices and the office of family representation and advocacy shall, in collaboration with the department, develop and deliver annual mandatory training for all attorneys, including contract attorneys, court-appointed guardians ad litem and youth attorneys, and appropriate support staff working on cases with crossover youth in the juvenile justice and child welfare systems. The training shall include information on:

(2) cultural humility and racial and ethnic disparities impacting youth who are involved in the juvenile justice system and the child welfare system.

C. The department, in collaboration with the administrative office of the courts, shall develop and deliver annual mandatory training regarding crossover youth to all judicial officers assigned to children's court divisions of the district courts. The training shall include information on:

(2) cultural humility and racial and ethnic disparities impacting youth who are involved in the juvenile justice system and the child welfare system; and

(3) practices and procedures regarding the importance of having one judge for one family in cases involving crossover youth when possible and the importance of having judges confer with one another when one judge for one family is not possible in crossover youth cases."

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

"[NEW MATERIAL] INTRA-AGENCY COLLABORATION--INTERAGENCY COLLABORATION.--

A. In all cases involving crossover youth, the protective services division and the juvenile justice division of the department shall jointly manage the cases. The department shall develop protocols to ensure that case coordination between the divisions occurs on a formal basis.

B. In all cases involving crossover youth, the crossover youth program coordinator shall facilitate interagency collaboration to provide support and services to crossover youth and their families. The crossover youth program coordinator shall work with the department, the public education department, the department of health, the health care authority and any other appropriate departments and agencies."

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

"[NEW MATERIAL] BASIC RIGHTS.--

A. When a crossover youth is placed in the legal custody of the department or another person and siblings of the crossover youth have not been jointly placed, the siblings shall have reasonable rights of visitation, unless the court finds that visitation would be contrary to the safety or well-being of any of the siblings.

B. When a crossover youth is placed in the legal custody of the department or another person, any parent, guardian or custodian of the crossover youth shall have reasonable rights of visitation, unless the court finds that the best interests of the crossover youth preclude any visitation."

SECTION 7. Section 32A-2-3 NMSA 1978 (being Laws 1993, Chapter 77, Section 32, as amended) is amended to read:

"32A-2-3. DEFINITIONS.--As used in the Delinquency Act:

A. "crossover youth" means a child who is simultaneously involved in both the child welfare and juvenile justice systems, whether or not the child has been adjudicated in those systems;

[A.] B. "delinquent act" means an act committed by a child that would be designated as a crime under the law if committed by an adult, not including a violation of Section 30-9-2 NMSA 1978, including the following offenses:

(1) any of the following offenses pursuant to municipal traffic codes or the Motor Vehicle Code:

(a) driving while under the influence of intoxicating liquor or drugs;

(b) failure to stop in the event of an accident causing death, personal injury or damage to property;

(d) receiving or transferring of a stolen vehicle or motor vehicle;

(e) homicide by vehicle;

(f) injuring or tampering with a vehicle;

(g) altering or changing of an engine number or other vehicle identification numbers;

(h) altering or forging of a driver's license or permit or any making of a fictitious license or permit;

(i) reckless driving;

(j) driving with a suspended or revoked license; or

(k) an offense punishable as a felony;

(2) buying, attempting to buy, receiving, possessing or being served any alcoholic liquor or being present in a licensed liquor establishment, other than a restaurant or a licensed retail liquor establishment, except in the presence of the child's parent, guardian, custodian or adult spouse. As used in this paragraph, "restaurant" means an establishment where meals are prepared and served primarily for on-premises consumption and that has a dining room, a kitchen and the employees necessary for preparing, cooking and serving meals. "Restaurant" does not include an establishment, as defined in regulations promulgated by the director of the special investigations unit of the department of public safety, that serves only hamburgers, sandwiches, salads and other fast foods;

(3) a violation of Section 30-29-2 NMSA 1978, regarding the illegal use of a glue, aerosol spray product or other chemical substance;

(4) a violation of the Controlled Substances Act;

(5) escape from the custody of a law enforcement officer or a juvenile probation or parole officer or from any placement made by the department by a child who has been adjudicated a delinquent child;

(6) a violation of Section 30-15-1.1 NMSA 1978 regarding unauthorized graffiti on personal or real property;

(7) a violation of an order of protection issued pursuant to the provisions of the Family Violence Protection Act; or

(8) trafficking cannabis as provided in Section 26-2C-28 NMSA 1978;

[B.] C. "delinquent child" means a child who has committed a delinquent act;

[C.] D. "delinquent offender" means a delinquent child who is subject to juvenile sanctions only and who is not a youthful offender or a serious youthful offender;

[D.] E. "detention facility" means a place where a child may be detained under the Children's Code pending a court hearing and does not include a facility for the care and rehabilitation of an adjudicated delinquent child;

[E.] F. "felony" means an act that would be a felony if committed by an adult;

[F.] G. "misdemeanor" means an act that would be a misdemeanor or petty misdemeanor if committed by an adult;

[G.] H. "restitution" means financial reimbursement by the child to the victim or community service imposed by the court and is limited to easily ascertainable damages for injury to or loss of property, actual expenses incurred for medical, psychiatric and psychological treatment for injury to a person and lost wages resulting from physical injury, which are a direct and proximate result of a delinquent act. "Restitution" does not include reimbursement for damages for mental anguish, pain and suffering or other intangible losses. As used in this subsection, "victim" means a person who is injured or suffers damage of any kind by an act that is the subject of a complaint or referral to law enforcement officers or juvenile probation authorities. Nothing contained in this definition limits or replaces the provisions of Subsections A and B of Section 32A-2-27 NMSA 1978;

[H.] I. "serious youthful offender" means an individual fifteen to eighteen years of age who is charged with and indicted or bound over for trial for first degree murder. A "serious youthful offender" is not a delinquent child as defined pursuant to the provisions of this section;

[I.] J. "supervised release" means the release of a juvenile, whose term of commitment has not expired, from a facility for the care and rehabilitation of adjudicated delinquent children, with specified conditions to protect public safety and promote successful transition and reintegration into the community. A juvenile on supervised release is subject to monitoring by the department until the term of commitment has expired and may be returned to custody for violating conditions of release; and

[J.] K. "youthful offender" means a delinquent child subject to adult or juvenile sanctions who is:

(1) fourteen to eighteen years of age at the time of the offense and who is adjudicated for at least one of the following offenses:

(a) second degree murder, as provided in Section 30-2-1 NMSA 1978;

(b) assault with intent to commit a violent felony, as provided in Section 30-3-3 NMSA 1978;

(d) aggravated battery, as provided in Subsection C of Section 30-3-5 NMSA 1978;

(e) aggravated battery against a household member, as provided in Subsection C of Section 30-3-16 NMSA 1978;

(f) aggravated battery upon a peace officer, as provided in Subsection C of Section 30-22-25 NMSA 1978;

(g) shooting at a dwelling or occupied building or shooting at or from a motor vehicle, as provided in Section 30-3-8 NMSA 1978;

(h) dangerous use of explosives, as provided in Section 30-7-5 NMSA 1978;

(i) criminal sexual penetration, as provided in Section 30-9-11 NMSA 1978;

(j) robbery, as provided in Section 30-16-2 NMSA 1978;

(k) aggravated burglary, as provided in Section 30-16-4 NMSA 1978;

(l) aggravated arson, as provided in Section 30-17-6 NMSA 1978; or

(m) abuse of a child that results in great bodily harm or death to the child, as provided in Section 30-6-1 NMSA 1978;

(2) fourteen to eighteen years of age at the time of the offense, who is adjudicated for any felony offense and who has had three prior, separate felony adjudications within a three-year time period immediately preceding the instant offense. The felony adjudications relied upon as prior adjudications shall not have arisen out of the same transaction or occurrence or series of events related in time and location. Successful completion of consent decrees is not considered a prior adjudication for the purposes of this paragraph; or

(3) fourteen years of age and who is adjudicated for first degree murder, as provided in Section 30-2-1 NMSA 1978."

SECTION 8. Section 32A-2-7 NMSA 1978 (being Laws 1993, Chapter 77, Section 36, as amended) is amended to read:

"32A-2-7. COMPLAINTS--REFERRAL--PRELIMINARY INQUIRY--NOTICE--TIME WAIVER.--

A. Complaints alleging delinquency shall be referred to probation services, which shall conduct a preliminary inquiry to determine the best interests of the child and of the public with regard to any action to be taken.

B. During the preliminary inquiry on a delinquency complaint, the matter may be referred to another appropriate agency and conferences may be conducted for the purpose of effecting adjustments or agreements that will obviate the necessity for filing a petition. At the commencement of the preliminary inquiry, the parties shall be advised of their basic rights pursuant to Section 32A-2-14 NMSA 1978, and no party may be compelled to appear at any conference, to produce any papers or to visit any place. The child shall be informed of the child's right to remain silent. The preliminary inquiry shall be completed within the time limits set forth in the Children's Court Rules.

C. Prior to a preliminary inquiry being conducted with a child who is detained, the child's parent, guardian or custodian or the child's attorney shall be given reasonable notice by the juvenile probation and parole officer and an opportunity to be present at the preliminary inquiry. Prior to a preliminary inquiry being conducted with a crossover youth who is detained, the crossover youth's parent, guardian or custodian, the crossover youth's attorney and guardian ad litem and the protective services division of the department shall be given reasonable notice by the juvenile probation and parole officer and an opportunity to be present at the preliminary inquiry. If a child is not detained, the preliminary inquiry shall be conducted within thirty days of receipt of the referral from law enforcement. The thirty-day time period may be extended upon a determination by the department that an extension is necessary to conduct a thorough preliminary inquiry and that the extension is not prejudicial to the best interests of the child.

D. When a child is in detention or custody and the children's court attorney does not file a petition within the time limits authorized by the Children's Court Rules, the child shall be released immediately. If a child is not detained and a determination is made to file a petition, the petition shall be filed within sixty days of completion of the preliminary inquiry, unless a motion is granted to extend the time limit for good cause shown. If a child is not in custody or detention, a petition shall not be dismissed for failure to comply with the time limit set forth in this subsection unless there is a showing of prejudice to the child.

E. After completion of the preliminary inquiry on a delinquency complaint involving a misdemeanor, probation services may notify the children's court attorney and recommend an appropriate disposition for the case. If the child has been referred for three or more prior misdemeanors within two years of the instant offense, probation services shall notify the children's court attorney and recommend an appropriate disposition for the case.

F. Probation services shall notify the children's court attorney of the receipt of any complaint involving an act that constitutes a felony under the applicable criminal law. Probation services shall also recommend a disposition to the children's court attorney.

G. The child, through counsel, and the children's court attorney may agree, without judicial approval, to a waiver of time limitations imposed after a petition is filed. A time waiver defers adjudication of the charges. The children's court attorney may place restrictions on a child's behavior as a condition of a time waiver. If the child completes the agreed upon conditions and no new charges are filed against the child, the pending petition shall be dismissed. If the children's court attorney files a new petition against the child, the children's court attorney may proceed on both the original petition and the new charges. The department shall become a party if probation services are requested as a condition of the time waiver."

SECTION 9. Section 32A-2-24 NMSA 1978 (being Laws 1993, Chapter 77, Section 53, as amended) is amended to read:

"32A-2-24. PROBATION REVOCATION--DISPOSITION--CROSSOVER YOUTH.--

A. A child on probation incident to an adjudication as a delinquent child who violates a term of the probation may be proceeded against in a probation revocation proceeding. A proceeding to revoke probation shall be begun by filing in the original proceeding a petition styled as a "petition to revoke probation". Petitions to revoke probation shall be screened, reviewed and prepared in the same manner and shall contain the same information as petitions alleging delinquency. Procedures of the Delinquency Act regarding taking into custody and detention shall apply. The petition shall state the terms of probation alleged to have been violated and the factual basis for these allegations.

B. The standard of proof in probation revocation proceedings shall be evidence beyond a reasonable doubt and the hearings shall be before the court without a jury. In all other respects, proceedings to revoke probation shall be governed by the procedures, rights and duties applicable to proceedings on a delinquency petition. If a child is found to have violated a term of the child's probation, the court may extend the period of probation or make any other judgment or disposition that would have been appropriate in the original disposition of the case.

C. During a probation revocation proceeding for a crossover youth, the petition to revoke probation shall include a statement filed by the juvenile justice division of the department that the division made reasonable efforts to help the crossover youth with the successful completion of all probation requirements, including the specific details of such efforts."

SECTION 10. APPROPRIATION.--One hundred thousand dollars ($100,000) is appropriated from the general fund to the children, youth and families department for expenditure in fiscal year 2026 to create and staff the crossover youth program as provided in the Crossover Youth Act. Any unexpended or unencumbered balance remaining at the end of fiscal year 2026 shall revert to the general fund.

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