SB0486

SENATE BILL 486

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

INTRODUCED BY

Michael Padilla

AN ACT

RELATING TO GOVERNMENT REORGANIZATION; CREATING THE CHILD SAFETY AND WELFARE SERVICES AUTHORITY; PROVIDING POWERS AND DUTIES; TRANSFERRING MONEY, PROPERTY, CONTRACTS AND STATUTORY REFERENCES FROM THE CHILDREN, YOUTH AND FAMILIES DEPARTMENT TO THE CHILD SAFETY AND WELFARE SERVICES AUTHORITY; PRESCRIBING PENALTIES; AMENDING, REPEALING AND ENACTING SECTIONS OF THE NMSA 1978.

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 21 of this act may be cited as the "Child Safety and Welfare Services Authority Act"."

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

"[NEW MATERIAL] DEFINITIONS.--As used in the Child Safety and Welfare Services Authority Act:

A. "authority" means the child safety and welfare services authority;

B. "board" means the board of regents of the child safety and welfare services authority; and

C. "state superintendent" means the state superintendent of child safety and welfare services."

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

"[NEW MATERIAL] PURPOSE OF CHILD SAFETY AND WELFARE SERVICES AUTHORITY.--The purpose of the authority is to:

A. provide an independent, accredited state agency governed by a board of regents to administer the state's child welfare and juvenile justice programs formerly administered by the children, youth and families department and other child and family programs assigned to it by law; and

B. cooperate and collaborate with other state agencies and institutions, judicial agencies and courts, school districts and local governments to establish a comprehensive, coordinated and integrated child safety and welfare system."

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

"[NEW MATERIAL] CHILD SAFETY AND WELFARE SERVICES AUTHORITY--CREATED--BOARD OF REGENTS--MEMBERSHIP--DUTIES.--

A. The "child safety and welfare services authority" is created as an adjunct agency. The authority shall be governed by the board.

B. The "board of regents" of the authority is composed of seven members appointed by the governor with the advice and consent of the senate. No more than four members shall be appointed from the same political party. The initial appointees shall draw lots for staggered terms and thereafter shall serve for terms of four years.

C. Regents shall be appointed as follows:

(1) a current or retired children's court or family court judge;

(2) a licensed foster parent;

(3) a licensed youth behavioral health specialist;

(4) one juvenile justice professional who has a graduate degree in juvenile justice or a similar field or who has at least seven years of juvenile justice experience;

(5) one licensed social worker; and

(6) two public members who have a demonstrated interest in and knowledge of child welfare matters.

D. Regents who are not otherwise reimbursable from government funds for travel expenses are entitled to receive per diem and mileage as provided in the Per Diem and Mileage Act and shall receive no other compensation, perquisite or allowance.

E. The board shall meet at least quarterly and may meet at the call of the chair or at the request of a majority of the regents. A majority of the regents constitutes a quorum, and a majority vote of the regents present at a meeting is needed to take action. The chair may ask the governor to replace a regent who has three or more unexcused absences.

F. A regent shall recuse on any vote in which the regent has a financial interest or the regent or a member of the regent's family to the third degree of consanguinity or affinity has a financial interest or would otherwise benefit.

G. The board shall:

(1) approve the mission, goals and objectives, policies and procedures of the authority;

(2) appoint a state superintendent, who shall be confirmed by the senate and who shall lead the authority as generally directed by the board. The state superintendent shall be compensated at the same rate as a cabinet secretary of a large, complex department;

(3) approve the proposed and operating budget of the authority;

(4) approve proposed rules recommended by the authority; and

(5) select the accrediting agency to accredit the authority."

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

"[NEW MATERIAL] AUTHORITY--STRUCTURE.--

A. The "state superintendent of child safety and welfare services" shall be appointed solely on merit and without regard to political affiliation. The state superintendent shall:

(1) hold a master's or doctoral degree in social work, psychology, human services, criminal justice or a similar field with a concentration in child welfare or juvenile justice or similar concentration; and

(2) have at least five years' experience administering a large, complex organization that required a working knowledge and experience in the child welfare or juvenile justice systems.

B. The state superintendent may employ professional, clerical and technical assistants to carry out the authority's powers and duties and shall employ a "deputy superintendent for administration and human resources", who has experience with state administrative services or human resources; and a "deputy superintendent for public policy", who has experience with child welfare or juvenile justice policy.

C. The authority consists of:

(1) the office of the state superintendent, which includes:

(a) the chief counsel and other attorneys;

(b) the quality assurance bureau; and

(2) the administrative services division, which includes:

(a) the budget bureau;

(b) the human resources bureau, including the employee support unit; and

(3) the child and family welfare division; and

(4) the juvenile justice division."

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

"[NEW MATERIAL] STATE SUPERINTENDENT--DUTIES AND GENERAL POWERS.--

A. The state superintendent is responsible to the board for the operation of the authority. It is the state superintendent's duty to manage all operations of the authority under the general direction of the board and to administer and enforce the laws with which the state superintendent or the authority is charged.

B. To perform the state superintendent's duties, the state superintendent has every power expressly enumerated in the law, whether granted to the state superintendent, the authority or any division of the authority, except when any division is explicitly exempted from the state superintendent's power by statute. In accordance with these provisions, the state superintendent shall:

(1) except as otherwise provided in the Child Safety and Welfare Services Authority Act, exercise general supervisory and appointing power over all authority employees, subject to applicable personnel laws and rules;

(2) delegate power to subordinates as the state superintendent deems necessary and appropriate, clearly delineating such delegated power and the limitations to that power;

(3) in consultation with the board, organize the authority into organizational units as necessary to enable the authority to function most efficiently, subject to any provisions of law requiring or establishing specific organizational units;

(4) within the limitations of available appropriations and applicable laws, employ and fix the

compensation of those persons necessary to discharge the state superintendent's powers and duties;

(5) take administrative action by issuing rules, orders and instructions, not inconsistent with law and approved by the board of regents, to assure implementation of and compliance with the provisions of law for which administration or execution the state superintendent is responsible and to enforce those orders and instructions by appropriate administrative action in the courts;

(6) conduct research and studies that will improve the operation of the authority and the provision of services to the children and families of the state;

(7) provide courses of instruction and practical training for employees of the authority and other persons involved in the administration of programs with the objectives of improving the operations and efficiency of administration and of promoting comprehensive, coordinated, culturally sensitive services that address the whole child;

(8) prepare an annual budget for the authority for approval of the board of regents before submission to the state budget division of the department of finance and administration; and

(9) provide cooperation, at the request of other state agencies, to:

(a) minimize or eliminate duplication of services and jurisdictional conflicts;

(b) coordinate activities and resolve problems of mutual concern; and

(c) unless otherwise provided by law, resolve by agreement the manner and extent to which the authority shall provide budgeting, recordkeeping and related clerical assistance to administratively attached agencies.

C. The state superintendent may apply for and receive, with board approval, in the name of the authority, public or private grants, gifts or donations available to the authority to carry out its programs, duties or services.

D. The authority may adopt, amend or repeal rules to carry out the provisions of the Child Safety and Welfare Services Authority Act and other laws for which the authority has responsibility; provided that the board shall approve authority rules before promulgation. Rules shall be adopted and promulgated as provided in the State Rules Act.

E. If the board certifies to the secretary of finance and administration and gives contemporaneous notice of such certification through the human services register that the authority has insufficient state funds to operate any of the programs that the authority administers and that reductions in services or benefit levels are necessary, the state superintendent may engage in emergency rulemaking pursuant to the State Rules Act."

SECTION 7. A new section of the Children's Code is enacted to read:

"[NEW MATERIAL] AUTHORITY--ADDITIONAL DUTIES.--In addition to other duties provided by law or assigned to the authority by the board, the authority shall:

A. develop priorities for authority services and resources based on state policy and national best practice standards of the authority's accrediting agency and local considerations and priorities;

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

C. implement prevention and early intervention as an authority focus;

D. develop and maintain a statewide database, including client tracking of services for children, youth and families, and use data to inform decision making and best practices;

E. develop standards of service within the authority that focus on prevention, monitoring and outcomes and that meet accrediting standards;

F. analyze policies of other departments that affect children, youth and families to encourage common contracting procedures, common service definitions, a uniform system of access and work with the children's cabinet to help ensure that policies and child-focused services are coordinated and integrated across state agencies;

G. promulgate rules to control disposition and placement of children under the Children's Code, including 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;

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

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

J. conduct biennial assessments of service gaps and needs and establish outcome measurements to address those service gaps and needs, including recommendations from the board, the authority's advisory councils and the children's cabinet; and

K. 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 24A-3-1 NMSA 1978."

SECTION 8. A new section of the Children's Code is enacted to read:

"[NEW MATERIAL] CRIMINAL HISTORY RECORD INVESTIGATIONS--PROCEDURE--CONFIDENTIALITY--VIOLATION--PENALTY.--

A. The authority shall require state and national criminal history record searches as provided in the New Mexico Children's and Juvenile Facility and Program Criminal Records Screening Act on applicants, officers, employees, student interns and volunteers whose jobs involve direct contact with department clients.

B. A person who is required to have a criminal history records search shall submit electronic fingerprints to the department of public safety for a state criminal history records search, and the department shall submit the fingerprints to the federal bureau of investigation for a national criminal history records search. Criminal history record searches shall be conducted as provided in the New Mexico Children's and Juvenile Facility and Program Criminal Records Screening Act.

C. Criminal histories obtained are confidential and shall be used only for the purpose of determining the suitability of an applicant, public officer, employee, student intern or volunteer for employment or service with the authority; provided that criminal histories may be released or disclosed to another agency or person only upon court order or with the written consent of the person who is the subject of the criminal history record.

D. A person who releases or discloses criminal history records or information contained in those records in violation of the provisions of this section is guilty of a misdemeanor and if convicted shall be sentenced pursuant to the provisions of Section 31-19-1 NMSA 1978."

SECTION 9. A new section of the Children's Code is enacted to read:

"[NEW MATERIAL] PROHIBITION ON EMPLOYMENT FOR PERSONS WITH SUBSTANTIATED ALLEGATIONS OF CHILD ABUSE OR NEGLECT-- PROHIBITION ON CONVICTED FELONS--DISCIPLINARY ACTION--CONFIDENTIALITY OF ABUSE AND NEGLECT RECORDS.--

A. An applicant, officer, employee, student intern or volunteer of the authority having direct unsupervised contact with authority clients shall not have been the subject of a substantiated allegation of child abuse or neglect.

B. An officer, employee, student intern or volunteer of the authority who has direct unsupervised contact with authority clients shall not have been convicted of a felony offense that is directly related to the job duties of the officer, employee, student intern or volunteer by a court of this state, any other state or the United States.

C. An employee subject to the Personnel Act who has been the subject of a substantiated allegation of abuse or neglect, as investigated and determined by the authority, may be subject to increased supervision or disciplinary action under the Personnel Act. Upon appeal of a disciplinary action to the personnel board pursuant to this section, the personnel board shall defer to the record of the administrative hearing affirming a substantiated allegation of abuse or neglect, if one exists, in determining whether the action taken by the authority was with just cause.

D. An employee of the authority subject to dismissal pursuant to this section shall have no right to progressive discipline as a condition precedent to discipline under this section.

E. In any appeal of an employee to the personnel board as provided by the Personnel Act, records that are otherwise confidential pursuant to the Abuse and Neglect Act shall be discoverable by the parties and admissible as to any relevant fact; provided that any identifying information related to the reporting party, any other party providing information and information the authority finds would be likely to endanger the life or safety of any person providing information to the authority may be redacted."

SECTION 10. A new section of the Children's Code is enacted to read:

"[NEW MATERIAL] ORGANIZATIONAL UNITS OF THE DEPARTMENT--POWERS AND DUTIES SPECIFIED BY LAW--ACCESS TO INFORMATION.--

A. Those organizational units of the authority and the officers of those units specified by law have all of the powers and duties enumerated in the specific laws involved. However, the carrying out of those powers and duties shall be subject to the direction and supervision of the state superintendent, who shall retain the final decision-making authority and responsibility for the administration of any such laws.

B. The authority shall have access to all records, data and information of other state agencies that are not specifically held confidential by law."

SECTION 11. A new section of the Children's Code is enacted to read:

"[NEW MATERIAL] DIVISION DIRECTORS--BUREAU CHIEFS.--

A. The state superintendent may appoint "directors" of such divisions as are established within the authority. Directors are exempt from the Personnel Act.

B. The state superintendent may establish within each division such "bureaus" as the state superintendent deems necessary to carry out the provisions of the Child Safety and Welfare Services Authority Act. The state superintendent shall employ a "chief" to be the administrative head of any such bureau. The chief and all subsidiary employees of the authority shall be covered by the provisions of the Personnel Act."

SECTION 12. A new section of the Children's Code is enacted to read:

"[NEW MATERIAL] QUALITY ASSURANCE BUREAU.--

A. The purpose of the quality assurance bureau is to facilitate authority efforts to efficiently implement the purposes of the Children's Code.

B. In order to measure the quality of services provided, to facilitate satisfactory outcomes for children and families that receive services and to provide a continuing opportunity to improve service delivery, the quality assurance bureau shall:

(1) monitor the system for receiving and resolving complaints and grievances;

(2) perform periodic investigations and evaluations to assure compliance with the Children's Code and other applicable state and federal laws and regulations;

(3) facilitate monitoring of indicators of the authority's performance to determine whether the authority is:

(a) providing children and families with individualized, needs-based service plans;

(b) providing services in a timely manner; and

(4) identify any deficiencies and recommend corrective action to the state superintendent;

(5) have access to any records maintained by the authority, including confidential information; and

(6) promote continuous improvement of all authority processes serving children and families.

C. The quality assurance bureau shall contribute to and facilitate the publication of public reports assessing the performance of the authority. The reports shall not disclose the identity of natural persons mentioned in the report, including children or families that receive or are eligible for services or any authority employee."

SECTION 13. A new section of the Children's Code is enacted to read:

"[NEW MATERIAL] CORRECTIONAL OFFICERS--QUALIFICATIONS.--Correctional officers of the authority shall:

A. be citizens of the United States;

B. be eighteen years of age or older;

C. possess a high school education or its equivalent;

D. be of good moral character and not have been convicted of a felony offense by a court of this state, any other state or the United States; and

E. successfully pass a physical examination and an aptitude examination administered by the authority."

SECTION 14. A new section of the Children's Code is enacted to read:

"[NEW MATERIAL] CORRECTIONAL OFFICERS--ACTING AS PEACE OFFICERS.--

A. Correctional officers of the authority who have completed an appropriate American correction association training course and who have at the particular time the principal duty to hold in custody or supervise any child accused or convicted of a delinquent act or criminal offense shall have the power of a peace officer with respect to arrests and enforcement of laws when:

(1) on the premises of a facility of the authority or while transporting a child committed to or under the supervision of the authority;

(2) supervising a child committed to or under the supervision of the authority anywhere within the state; or

(3) engaged in any effort to pursue or apprehend a child pursuant to Paragraph (1) or (2) of this subsection.

B. No correctional officer of the authority shall be convicted or held liable for any act performed pursuant to this section if a peace officer could lawfully have performed the same act in the same circumstances.

C. Crimes against a correctional officer of the authority while in the lawful discharge of duties that confer peace officer status pursuant to this section shall be deemed the same crimes and shall bear the same penalties as crimes against a peace officer."

SECTION 15. A new section of the Children's Code is enacted to read:

"[NEW MATERIAL] CHILD SAFETY AND WELFARE SERVICES ADVISORY COMMITTEE CREATED--MEMBERS--PURPOSE.--

A. The "child safety and welfare services advisory committee" is created. The committee is composed of eleven members appointed by the board. The board shall appoint persons with demonstrated interest and involvement in child safety and welfare services, particularly those services and programs administered or funded by the authority. Members shall be appointed so as to provide adequate representation of ethnic groups and geographic areas of the state. At least two members shall be parents who are recipients of services provided by the authority; at least two members shall be youths between the ages of sixteen and twenty-one; and at least one member shall be a member of the youth alliance.

B. The child safety and welfare services advisory committee shall assist in the development of policies and procedures for the authority.

C. The members of the child safety and welfare services advisory committee are entitled to reimbursement for per diem and mileage as provided in the Per Diem and Mileage Act and shall receive no other compensation, perquisite or allowance."

SECTION 16. A new section of the Children's Code is enacted to read:

"[NEW MATERIAL] JUVENILE JUSTICE PROGRAMS--FEDERAL GRANTS--ADVISORY COMMITTEE--SUPERVISORY FUNCTION.--Any juvenile justice advisory committee appointed pursuant to the federal Juvenile Justice and Delinquency Prevention Act of 1974 shall be advisory to the department, except the committee shall serve as the "supervisory board" under that act and any applicable federal regulations."

SECTION 17. A new section of the Children's Code is enacted to read:

"[NEW MATERIAL] JUVENILE JUSTICE ADVISORY COMMITTEE--LEGISLATIVE FINDINGS.--The legislature finds that pursuant to the federal Juvenile Justice and Delinquency Prevention Act of 1974, federal regulations and state law, the juvenile justice advisory committee is required to be given explicit power to continue to fulfill its duties in administering the federal funds made available to the state, if such funding is to continue."

SECTION 18. A new section of the Children's Code is enacted to read:

"[NEW MATERIAL] FUNCTIONS OF JUVENILE JUSTICE ADVISORY COMMITTEE AND DEPARTMENT.--

A. The juvenile justice advisory committee shall have policymaking, planning and review powers over only the following functions pursuant to the federal Juvenile Justice and Delinquency Prevention Act of 1974:

(1) in conjunction with the authority, approval of a comprehensive state plan and modifications reflecting statewide goals, objectives and priorities for the expenditure of federal funds received under that act;

(2) approval or disapproval of applications or amendments submitted by eligible entities pursuant to that act;

(3) in conjunction with the authority, assurance that fund accounting, auditing and evaluation of programs and projects funded pursuant to that act comply with federal requirements and state law;

(4) in conjunction with the authority, receive and review annual reports from adult jails and lockups regarding compliance with federal requirements that apply when a juvenile is temporarily held in an adult jail or lockup. The juvenile justice advisory committee and the authority shall determine the format of the annual reports;

(5) assistance to the governor, the legislature and entities created or funded pursuant to that act in developing new or improved approaches, policies or legislation designed to improve juvenile justice in New Mexico; and

(6) provision of technical assistance by the authority to eligible entities pursuant to that act.

B. All budgetary, evaluation, monitoring and grants administration functions required pursuant to the federal Juvenile Justice and Delinquency Prevention Act of 1974 shall be carried out by the authority."

SECTION 19. A new section of the Children's Code is enacted to read:

"[NEW MATERIAL] JUVENILE CONTINUUM GRANT FUND--CREATED--PURPOSE--ADMINISTRATION--GRANT APPLICATIONS.--

A. The "juvenile continuum grant fund" is created as a nonreverting fund in the state treasury. The fund shall be administered by the authority and consists of appropriations, gifts, grants, donations and bequests made to the fund.

B. Money in the juvenile continuum grant fund is subject to appropriation by the legislature to the authority for awarding grants to juvenile justice continuums for the provision of cost-effective services and temporary, nonsecure alternatives to detention for juveniles arrested or referred to juvenile probation and parole or at a risk of such referral.

C. A local or tribal government may apply for a grant from the juvenile continuum grant fund for a juvenile justice continuum within its jurisdiction. The amount of the grant application shall not exceed sixty percent of the annual cost of the continuum. A local match of forty percent may consist of money, land, equipment or in-kind services.

D. The authority shall adopt rules on qualifications for grants and specify the format, procedure and deadlines for grant applications. The juvenile justice advisory committee shall review all grant applications and submit those applications recommended for final approval to the state superintendent.

E. Disbursements from the juvenile continuum grant fund shall be made by warrant of the secretary of finance and administration on vouchers signed by the state superintendent or the state superintendent's designee.

F. As used in this section, a "juvenile justice continuum" is a system of services and sanctions for juveniles arrested or referred to juvenile probation and parole or at risk of such referral and consists of a formal partnership among one or more units of local or tribal governments; the children's court; the district attorney; the public defender; local law enforcement agencies; the public schools; and other entities such as private nonprofit organizations, the business community and religious organizations. A juvenile justice continuum shall be established through a memorandum of understanding and a continuum board."

SECTION 20. A new section of the Children's Code is enacted to read:

"[NEW MATERIAL] YOUTH ALLIANCE CREATED--ORGANIZATION--FUNCTIONS--COORDINATOR.--

A. The "youth alliance" is created and is administratively attached to the authority.

B. The youth alliance consists of youth, aged fourteen to twenty-four, from each New Mexico legislative district to be recruited through an open process and selected by a panel of other youth alliance members, legislators, government officials and representatives of community-based organizations using clear criteria developed by the department to ensure ethnic and economic diversity. Members shall serve two-year terms.

C. The alliance shall meet at least four times per year to discuss, from a youth perspective, the assets that exist in communities and schools and the gaps that are present in these systems and to recommend opportunities for problem-solving and collaboration to the governor, lieutenant governor and legislature.

D. The youth alliance shall issue an annual report that summarizes the activities and findings of the alliance. The report shall be submitted to the governor and the legislature no later than November 15 of each year.

E. Subject to sufficient appropriations, the youth alliance members shall engage a diverse group of local peers and solicit their input and launch local projects.

F. The position of "youth alliance coordinator" is created in the authority to organize, administer and coordinate youth alliance activities.

G. The youth alliance coordinator shall:

(1) oversee the recruitment and selection of youth alliance members;

(2) organize youth alliance meetings, at least four of which shall include the lieutenant governor and the children's cabinet and at least two of which shall include the governor;

(3) assist the youth alliance in preparing an annual report on the alliance's activities and findings; and

(4) act as a liaison between the youth alliance and the children's cabinet, the legislature and other government officials to ensure their involvement in activities related to children and youth."

SECTION 21. A new section of the Children's Code is enacted to read:

"[NEW MATERIAL] NEW MEXICO DOMESTIC VIOLENCE LEADERSHIP COMMISSION--MEMBERSHIP--DUTIES.--

A. The "New Mexico domestic violence leadership commission" is created and is administratively attached to the authority.

B. The New Mexico domestic violence leadership commission consists of twenty-six members appointed by the governor, unless otherwise specified, including:

(1) a representative from the office of the governor;

(2) the attorney general or the attorney general's designee;

(3) a state senator appointed by the president pro tempore of the senate;

(4) a state representative appointed by the speaker of the house of representatives;

(5) a representative from the department of public safety;

(6) the state superintendent or the superintendent's designee;

(7) a representative from the judiciary;

(8) the president of the New Mexico district attorney association or the president's designee;

(9) the chief public defender or the chief public defender's designee;

(10) a representative from the corrections department;

(11) a representative from a law enforcement agency;

(12) a representative from New Mexico legal aid;

(13) a representative from the department of health;

(14) a representative from the New Mexico coalition against domestic violence or an equivalent organization;

(15) a representative from the southwest women's law center or an equivalent organization;

(16) a representative from the coalition to stop violence against Native women or an equivalent organization;

(17) a representative from the crime victims reparation commission;

(18) the director of the New Mexico interpersonal violence data central repository;

(19) a representative from the New Mexico intimate partner violence death review team;

(20) a representative from the aging and long-term services department;

(21) a community representative;

(22) two rural domestic violence service providers;

(23) a domestic violence survivor nominated by the New Mexico coalition against domestic violence;

(24) a representative from a children's advocacy organization; and

(25) a representative from a gay and lesbian organization.

C. The appointed members of the New Mexico domestic violence leadership commission shall serve at the pleasure of the governor, and the members' appointments shall be reviewed at the commencement of each gubernatorial term. The governor shall designate one member as the chair, and the position of the chair shall be limited by a term of two years.

D. The New Mexico domestic violence leadership commission shall meet, pursuant to the Open Meetings Act, at the call of the chair at least six times annually. For the purposes of conducting business, a majority of the members of the commission constitutes a quorum.

E. Members of the New Mexico domestic violence leadership commission shall not be paid but shall receive per diem and mileage as provided in the Per Diem and Mileage Act.

F. The New Mexico domestic violence leadership commission shall:

(1) identify domestic violence services that are lacking or in need of improvement and provide recommendations to the state superintendent and the governor to enhance the quality and efficiency of services statewide;

(2) develop strategies for addressing issues of domestic violence and raising public awareness;

(3) study possible inequities in the treatment and disposition of males involved in domestic violence;

(4) review laws, rules and policies related to domestic violence to assess their effectiveness and recommend changes; and

(5) report annually before October 1 to an appropriate legislative interim committee and the governor on domestic violence policy issues."

SECTION 22. Section 30-22-11.1 NMSA 1978 (being Laws 1993, Chapter 121, Section 1, as amended) is amended to read:

"30-22-11.1. ESCAPE FROM THE CUSTODY OF THE [CHILDREN, YOUTH AND FAMILIES DEPARTMENT] CHILD SAFETY AND WELFARE SERVICES AUTHORITY--ESCAPE FROM JUVENILE DETENTION.--Escape from the custody of the [children, youth and families department] child safety and welfare services authority consists of any person who has been adjudicated as a delinquent child and has been committed lawfully to the custody of [a department] an authority juvenile justice facility or who is alleged to be a delinquent child and has been lawfully detained in a juvenile detention facility:

A. escaping or attempting to escape from custody within the confines of [a children, youth and families department] an authority juvenile justice facility; or

B. escaping or attempting to escape from another lawful place of custody or confinement that is not within the confines of [a children, youth and families department] an authority juvenile justice facility.

Any person who commits escape from the custody of a [children, youth and families department] child safety and welfare services authority juvenile justice facility is guilty of a misdemeanor."

SECTION 23. Section 30-22-11.2 NMSA 1978 (being Laws 1994, Chapter 18, Section 1, as amended) is amended to read:

"30-22-11.2. AGGRAVATED ESCAPE FROM THE CUSTODY OF THE [CHILDREN, YOUTH AND FAMILIES DEPARTMENT] CHILD SAFETY AND WELFARE SERVICES AUTHORITY.--Aggravated escape from the custody of the [children, youth and families department] child safety and welfare services authority consists of any person who has been adjudicated as a delinquent child and has been committed lawfully to the custody of [a department] an authority juvenile justice facility or who is alleged to be a delinquent child and has been lawfully detained in a juvenile detention facility:

A. escaping or attempting to escape from custody within the confines of [a children, youth and families department] an authority juvenile justice facility and committing assault or battery on another person in the course of escaping or attempting to escape; or

B. escaping or attempting to escape from a lawful place of custody or confinement that is not within the confines of [a children, youth and families department] an authority juvenile justice facility and committing assault or battery on another person in the course of escaping or attempting to escape.

Any person who commits aggravated escape from the custody of the [children, youth and families department] child safety and welfare services authority is guilty of a fourth degree felony."

SECTION 24. Section 31-12-12 NMSA 1978 (being Laws 2003, Chapter 387, Section 2, as amended) is amended to read:

"31-12-12. DOMESTIC VIOLENCE OFFENDER TREATMENT OR INTERVENTION FUND CREATED--APPROPRIATION--PROGRAM REQUIREMENTS.--

A. The "domestic violence offender treatment or intervention fund" is created as a nonreverting fund in the state treasury. The fund consists of gifts, grants, donations, appropriations and distributions to the fund made pursuant to the Tax Administration Act.

B. Balances in the domestic violence offender treatment or intervention fund are appropriated to the [children, youth and families department] child safety and welfare services authority to provide [funds] funding to domestic violence offender treatment or intervention programs to defray the cost of providing treatment or intervention to domestic violence offenders. Unexpended or unencumbered balances remaining in the fund at the end of any fiscal year shall not revert to the general fund.

C. Payment out of the domestic violence offender treatment or intervention fund shall be made on warrants drawn by the secretary of finance and administration on vouchers issued and signed by the [secretary of children, youth and families upon warrants drawn by the department of finance and administration] state superintendent of child safety and welfare services.

D. In order to be eligible for money from the domestic violence offender treatment or intervention fund, a domestic violence offender treatment or intervention program shall include the following components in its program:

(1) an initial assessment to determine if a domestic violence offender will benefit from participation in the program;

(2) a written contract, which must be signed by the domestic violence offender, that sets forth:

(a) attendance and participation requirements;

(b) consequences for failure to attend or participate in the program; and

(c) a confidentiality clause that prohibits disclosure of information revealed during treatment or intervention sessions;

(3) strategies to hold domestic violence offenders accountable for their violent behavior;

(4) a requirement that group discussions are limited to members of the same gender;

(5) an education component that:

(a) defines physical, emotional, sexual, economic and verbal abuse and techniques for stopping those forms of abuse; and

(b) examines gender roles, socialization, the nature of violence, the dynamics of power and control and the effects of domestic violence on children;

(6) a requirement that a domestic violence offender not be under the influence of alcohol or drugs during a treatment or intervention session;

(7) a requirement, except with respect to a domestic violence offender who is a voluntary participant in the program, that the program provide monthly written reports to the presiding judge or the domestic violence offender's probation or parole officer regarding:

(a) proof of the domestic violence offender's enrollment in the program;

(b) progress reports that address the domestic violence offender's attendance, fee payments and compliance with other program requirements; and

(c) evaluations of progress made by the domestic violence offender and recommendations as to whether or not to require the offender's further participation in the program; and

(8) a requirement that the term of the program be at least fifty-two weeks.

E. Counseling for couples shall not be a component of a domestic violence offender treatment or intervention program.

F. As used in this section, "domestic violence offender" means a person:

(1) convicted for an offense pursuant to the provisions of the Crimes Against Household Members Act;

(2) convicted for violating an order of protection granted by a court pursuant to the provisions of the Family Violence Protection Act;

(3) referred to a domestic violence offender treatment or intervention program by a judge, a domestic violence special commissioner or the parole board; or

(4) who voluntarily participates in a domestic violence offender treatment or intervention program."

SECTION 25. 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. "active efforts" means efforts that are affirmative, active, thorough and timely and that represent a higher standard of conduct than reasonable efforts;

B. "adult" means a person who is eighteen years of age or older;

C. "authority" or "department" means the child safety and welfare services authority;

D. "board of regents" means the board of regents of the child safety and welfare services authority;

[C.] E. "child" means a person who is less than eighteen years old;

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

[E.] G. "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;

[F.] H. "court-appointed special advocate" means a person appointed pursuant to the provisions of the Children's Court Rules to assist the court in determining the best interests of the child by investigating the case and submitting a report to the court;

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

[H. "department" means the children, youth and families department, unless otherwise specified;

I.] J. "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;

[J.] K. "federal Indian Child Welfare Act of 1978" means the federal Indian Child Welfare Act of 1978, as that act may be amended or its sections renumbered;

[K.] L. "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;

[L.] M. "guardian" means a person appointed as a guardian by a court or Indian tribal authority;

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

[N.] O. "Indian" means, whether an adult or child, a person who is:

(1) a member of an Indian tribe; or

(2) eligible for membership in an Indian tribe;

[O.] P. "Indian child" means an Indian person, or a person whom there is reason to know is an Indian person, under eighteen years of age, who is neither:

(1) married; or

(2) emancipated;

[P.] Q. "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;

[Q.] R. "Indian custodian" means an Indian who, pursuant to tribal law or custom or pursuant to state law:

(1) is an adult with legal custody of an Indian child; or

(2) has been transferred temporary physical care, custody and control by the parent of the Indian child;

[R.] S. "Indian tribe" means an Indian nation, tribe, pueblo or other band, organized group or community of Indians recognized as eligible for the services provided to Indians by the secretary because of their status as Indians, including an Alaska native village as defined in 43 U.S.C. Section 1602(c) or a regional corporation as defined in 43 U.S.C. Section 1606. For the purposes of notification to and communication with a tribe as required in the Indian Family Protection Act, "Indian tribe" also includes those tribal officials and staff who are responsible for child welfare and social services matters;

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

[T.] U. "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;

[U.] V. "member" or "membership" means a determination made by an Indian tribe that a person is a member of or eligible for membership in that Indian tribe;

[V.] W. "parent" or "parents" means 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 or a person who has lawfully adopted an Indian child pursuant to state law or tribal law or tribal custom;

[W.] X. "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;

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

Y. "plan of care" means a plan created by a health care professional intended to ensure the safety and well-being of a substance-exposed newborn by addressing the treatment needs of the child and any of the child's parents, relatives, guardians, family members or caregivers to the extent those treatment needs are relevant to the safety of the child;

Z. "preadoptive parent" means a person with whom a child has been placed for adoption;

AA. "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;

BB. "relative" means a person related to another person:

(1) by blood within the fifth degree of consanguinity or through marriage by the fifth degree of affinity; or

(2) with respect to an Indian child, as established or defined by the Indian child's tribe's custom or law;

CC. "reservation" means:

(1) "Indian country" as defined in 18 U.S.C. Section 1151;

(2) any lands to which the title is held by the United States in trust for the benefit of an Indian tribe or individual; or

(3) any lands held by an Indian tribe or individual subject to a restriction by the United States against alienation;

DD. "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;

EE. "secretary" means the United States secretary of the interior;

FF. "state superintendent" means the state superintendent of child safety and welfare services;

[FF.] GG. "tribal court" means a court with jurisdiction over child custody proceedings that is either a court of Indian offenses, a court established and operated under the law or custom of an Indian tribe or any other administrative body that is vested by an Indian tribe with authority over child custody proceedings;

[GG.] HH. "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

[HH.] II. "tribunal" means any judicial forum other than the court."

SECTION 26. Section 32A-15-3 NMSA 1978 (being Laws 1985, Chapter 103, Section 3 and Laws 1985, Chapter 140, Section 3, as amended) is amended to read:

"32A-15-3. CRIMINAL HISTORY RECORDS CHECK--BACKGROUND CHECKS.--

A. State and national criminal history records checks shall be conducted on all operators, employees, student interns and volunteers and prospective operators, employees, student interns and volunteers of every facility or program that has primary custody of children for twenty hours or more per week; and juvenile detention facilities, juvenile correction facilities or treatment facilities. State and national criminal history records checks shall also be conducted on all prospective foster or adoptive parents and other adult relatives and non-relatives residing in the prospective foster or adoptive parent's household and on the child's relatives or fictive kin and other relatives or residents residing in the relatives' or fictive kin's households when the authority considers placing a child with the child's relative or fictive kin. The objective of conducting the records checks is to protect the children involved and promote the children's safety and welfare while receiving service from the facilities [and], programs or placements.

B. For purposes of investigating the suitability of persons enumerated in Subsection A of this section, the [department] authority shall have access to criminal history records information furnished by the department of public safety and the federal bureau of investigation, subject to any restrictions imposed by federal law. As directed by the [department] authority, a person enumerated in Subsection A of this section shall submit a set of electronic fingerprints to the department of public safety. The department of public safety shall conduct a check of state criminal history records and forward the fingerprints to the federal bureau of investigation for a national criminal history records check to determine the existence and content of records of convictions and arrests in this state or other law enforcement jurisdictions and to generate a criminal history records check in accordance with rules of the department and regulations of the federal bureau of investigation. The department of public safety shall review the information returned from the criminal history records check and compile and disseminate the criminal history record information to the department, which shall use the information to investigate and determine whether a person is qualified to provide care for a child or be a foster or adoptive parent.

C. Criminal history records obtained pursuant to the provisions of this section are confidential and are not a public record for purposes of the Inspection of Public Records Act and shall not be used for any purpose other than determining suitability for licensure, employment, volunteer service, fostering or adoption. Criminal history records obtained pursuant to the provisions of this section and the information contained in those records shall not be released or disclosed to any other person or agency, except pursuant to a court order or with the written consent of the person who is the subject of the records.

D. A person who releases or discloses criminal history records or information contained in those records in violation of the provisions of this section is guilty of a misdemeanor and shall be sentenced pursuant to the provisions of Section 31-19-1 NMSA 1978.

E. As used in this section:

(1) "behavior management skills development" means services for children and adolescents with psychological, emotional, behavioral, neurobiological or substance abuse problems in the home, community or school when such problems are of such severity that highly supportive and structured therapeutic behavioral interventions are required. These services are designed to maintain the client in the client's home, community or school setting;

(2) "case management" means services provided in order to assist children and adolescents with identifying and meeting multiple and complex, special physical, cognitive and behavioral health care needs through planning, securing, monitoring, advocating and coordinating services;

(3) "child placement agency" means an individual or an entity licensed by the department as an adoption agency, a foster care agency or both that is undertaking to place a child in a home in this or any other state for the purpose of providing foster care or adoption services;

(4) "comprehensive community support services" means a variety of interventions, primarily face-to-face and in community locations, that address barriers that impede the development of skills necessary to independent functioning in the community;

(5) "day treatment" means a coordinated and intensive set of structured individualized therapeutic services, in a school or a facility licensed by the department, provided for children, adolescents and their families who are living in the community;

(6) "employee" means a person working for a facility or program who has direct care responsibilities or potential unsupervised access to care recipients;

(7) "facility" means a juvenile correction facility, a juvenile detention facility or a treatment facility;

(8) "group home" means mental and behavioral health services offered in a supervised, licensed facility that provides structured therapeutic group living for children or adolescents with moderate behavioral, psychological, neurobiological or emotional problems, when clinical history and opinion establish that the needs of the client cannot be met in a less restrictive environment;

(9) "intensive outpatient programming" means a time-limited, multifaceted approach to treatment services for children or adolescents who require structure and support to achieve and sustain recovery;

(10) "juvenile correction facility" means the physical plant and buildings operated by or on behalf of the juvenile justice division of the [department] authority or any other facility or location designated by the juvenile justice division's director to house or provide care to clients committed to the custody of the [department] authority;

(11) "juvenile detention facility" means a place where a child may be detained [under] pursuant to the Children's Code pending a court hearing and does not include a facility for the care and rehabilitation of an adjudicated delinquent child;

(12) "operator" means a person who has any oversight over a facility's or program's employees or day-to-day operations;

(13) "prevention, intervention and reunification services" means prevention awareness, family support and reunification services for families that are at high risk of child maltreatment;

(14) "primary custody" means that a facility or program holds temporary or long-term custody or supervision over children in the absence of a parent or guardian;

(15) "program" means behavior management skills development, case management, a group home, day treatment, treatment foster care services, a child placement agency, licensed shelter care, comprehensive community support services, intensive outpatient programming, supervised visitation and safe exchange and [children, youth and families department] authority contractors and providers receiving funding or reimbursement to provide prevention, intervention and reunification services;

(16) "residential treatment facility" means a program that provides twenty-four-hour therapeutic care to children or adolescents with severe behavioral, psychological, neurobiological or emotional problems who are in need of psychosocial rehabilitation in a residential facility;

(17) "shelter care" means [any] a facility that provides short-term emergency living accommodations to children in a crisis situation, such as abandonment, abuse or neglect, or who are runaways;

(18) "student intern" means a person who is paid or unpaid and is present in a facility or program to work, observe or gain skills in a particular profession;

(19) "supervised visitation and safe exchange" means a service that provides children and their parents with a safe, nurturing environment for supervised visitation and exchange, allowing a child to continue the child's relationship with the noncustodial parent without being placed in the middle of parental conflicts;

(20) "treatment facility" means a residential treatment facility or group home;

(21) "treatment foster care services" means a program that provides therapeutic services to children or adolescents who are psychologically or emotionally disturbed or behaviorally disordered and are placed in a foster family setting; and

(22) "volunteer" means a person who spends less than six hours per week at a program, is under direct physical supervision and is not counted in the program facility ratio."

SECTION 27. Section 32A-15-4 NMSA 1978 (being Laws 1985, Chapter 103, Section 4 and also Laws 1985, Chapter 140, Section 4, as amended) is amended to read:

"32A-15-4. PROCEDURES.--[By December 31, 1993] Procedures shall be established by [regulation] rule to provide for employment history and background checks for all present and prospective personnel identified in Section [32-9-3] 32A-15-3 NMSA 1978:

A. by the [secretary of children, youth and families] state superintendent for child care facilities and juvenile detention and correction facilities; and

B. by the secretary of health for health and treatment facilities."

SECTION 28. Section 32A-22-2 NMSA 1978 (being Laws 2005, Chapter 64, Section 2, as amended) is amended to read:

"32A-22-2. CHILDREN'S CABINET CREATED.--

A. The "children's cabinet" is created and is administratively attached to the office of the governor. The children's cabinet shall meet at least six times each year.

B. The children's cabinet consists of:

(1) the governor;

(2) the lieutenant governor;

(3) the [secretary of children, youth and families] state superintendent as a representative of the board of regents of the authority;

(4) the secretary of early childhood education and care;

(5) the secretary of corrections;

(6) the secretary of [human services] health care authority;

(7) the secretary of workforce solutions;

(8) the secretary of health;

(9) the secretary of finance and administration;

(10) the secretary of economic development;

(11) the secretary of public safety;

(12) the secretary of aging and long-term services;

(13) the secretary of Indian affairs; and

(14) the secretary of public education.

C. Each year, the governor shall select a person to serve as chair of the cabinet."

SECTION 29. Section 32A-26-11 NMSA 1978 (being Laws 2020, Chapter 52, Section 13) is amended to read:

"32A-26-11. ADMINISTRATIVE APPEALS.--A young adult may appeal an adverse eligibility determination in accordance with rules promulgated by the [department] authority. The [department] authority shall provide the young adult, in the young adult's primary language, with clear and developmentally appropriate verbal and written information concerning the administrative appeal process."

SECTION 30. Section 40-7A-3 NMSA 1978 (being Laws 1981, Chapter 171, Section 3, as amended) is amended to read:

"40-7A-3. DEFINITIONS.--As used in the Child Placement Agency Licensing Act:

A. "authority" or "department" means the child safety and welfare services authority;

[A.] B. "child" means an individual under the age of eighteen years;

[B.] C. "child placement agency" means [any individual, partnership, unincorporated association or corporation] a person undertaking to place a child in a home in this or any other state for the purpose of foster care or adoption of the child;

[C. "department" means the children, youth and families department;]

D. "division" means the [protective services] child and family welfare division of the department;

E. "foster home" means a home maintained by an individual having the care and control, for periods exceeding twenty-four hours, of a child who is not placed for adoption;

F. "person" means [any] an individual or a partnership, unincorporated association or corporation; and

G. state superintendent" or "secretary" means the [secretary of children, youth and families] state superintendent of child safety and welfare services."

SECTION 31. Section 40-10B-3 NMSA 1978 (being Laws 2001, Chapter 167, Section 3, as amended) is amended to read:

"40-10B-3. DEFINITIONS.--As used in the Kinship Guardianship Act:

A. "authority" or "department" means the child safety and welfare services authority;

[A.] B. "caregiver" means an adult, who is not a parent of a child, with whom a child resides and who provides that child with the care, maintenance and supervision consistent with the duties and responsibilities of a parent of the child;

[B.] C. "child" means an individual who is a minor;

[C. "department" means the children, youth and families department;]

D. "guardian" means a person appointed as a guardian by a court or Indian tribal authority;

E. "Indian" means, whether an adult or child, a person who is:

(1) a member of an Indian tribe; or

(2) eligible for membership in an Indian tribe;

F. "Indian child" means an Indian person, or a person whom there is reason to know is an Indian person, under eighteen years of age, who is neither:

(1) married; or

(2) emancipated;

G. "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;

H. "Indian custodian" means an Indian who, pursuant to tribal law or custom or pursuant to state law:

(1) is an adult with legal custody of an Indian child; or

(2) has been transferred temporary physical care, custody and control by the parent of the Indian child;

I. "Indian tribe" means an Indian nation, tribe, pueblo or other band, organized group or community of Indians recognized as eligible for the services provided to Indians by the secretary of the interior because of their status as Indians, including an Alaska native village as defined in 43 U.S.C. Section 1602(c) or a regional corporation as defined in 43 U.S.C. Section 1606. For the purposes of notification to and communication with a tribe as required in the Indian Family Protection Act, "Indian tribe" also includes those tribal officials and staff who are responsible for child welfare and social services matters;

J. "kinship" means the relationship that exists between a child and a relative of the child, a godparent, a member of the child's tribe or clan or an adult with whom the child has a significant bond;

K. "parent" means a biological or adoptive parent of a child whose parental rights have not been terminated and includes an individual identified as a parent under the New Mexico Uniform Parentage Act; and

L. "relative" means an individual related to a child as a spouse, parent, stepparent, brother, sister, stepbrother, stepsister, half-brother, half-sister, uncle, aunt, niece, nephew, first cousin or any person denoted by the prefix "grand" or "great", or the spouse or former spouse of the persons specified."

SECTION 32. TEMPORARY PROVISION--TRANSFER OF FUNCTIONS, MONEY, PROPERTY, CONTRACTUAL OBLIGATIONS AND STATUTORY REFERENCES--RULES OF DEPARTMENT ARE RULES OF THE AUTHORITY UNTIL AMENDED OR REPEALED.--

A. On the effective date of this act, all functions, appropriations, money, records, furniture, equipment and supplies and other property of the children, youth and families department shall be transferred to the child safety and welfare services authority.

B. On the effective date of this act, all agreements and contractual obligations of the children, youth and families department, including tribal-state agreements, shall be obligations of the child safety and welfare services authority.

C. On the effective date of this act, all statutory references to the children, youth and families department, including tribal-state agreements, shall be deemed to be references to the child safety and welfare services authority.

D. The rules of the children, youth and families department shall be deemed to be rules of the child safety and welfare services authority until the authority amends or repeals the rules.

E. The governor's office, the department of finance and administration, the state personnel office and the children, youth and families department shall assist in a smooth transition from the children, youth and families department to the child safety and welfare services authority.

SECTION 33. TEMPORARY PROVISION--COMPILATION INSTRUCTION.--The compilation shall reflect that Chapter 32A, Article 27 NMSA 1978 is an article in the Children's Code.

SECTION 34. REPEAL.--

A. Sections 9-2A-1 through 9-2A-23 NMSA 1978 (being Laws 1992, Chapter 57, Sections 1 through 4 and 6 through 8, Laws 2005, Chapter 271, Section 2, Laws 2011, Chapter 163, Section 1, Laws 1992, Chapter 57, Sections 9 through 12 and 14, Laws 2007, Chapter 351, Section 1, Laws 1992, Chapter 57, Sections 15 and 16, Laws 1993, Chapter 120, Section 1, Laws 1997, Chapter 110, Section 1, Laws 2003, Chapter 324, Sections 1 through 4 and Laws 2007, Chapter 65, Section 2, as amended) are repealed.

B. Section 32A-19-1 NMSA 1978 (being Laws 1993, Chapter 77, Section 228, as amended) is repealed.

SECTION 35. EFFECTIVE DATE.--The effective date of the provisions of this act is [TBD].

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