SENATE BILL 489

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

INTRODUCED BY

Linda M. López

 

 

 

 

 

AN ACT

RELATING TO CHILD WELFARE; AUTHORIZING THE CHILDREN'S COURT TO REQUIRE ABUSED OR NEGLECTED CHILDREN OVER THE AGE OF FOURTEEN TO PARTICIPATE IN COURT-ORDERED BEHAVIORAL HEALTH SERVICES OR TREATMENT.

 

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

     SECTION 1. Section 32A-6A-15 NMSA 1978 (being Laws 2007, Chapter 162, Section 15) is amended to read:

     "32A-6A-15. CONSENT FOR SERVICES--CHILDREN FOURTEEN YEARS OF AGE OR OLDER.--

          A. A child fourteen years of age or older is presumed to have capacity to consent to treatment without consent of the child's legal custodian, including consent for individual psychotherapy, group psychotherapy, guidance counseling, case management, behavioral therapy, family therapy, counseling, substance abuse treatment or other forms of verbal treatment that do not include aversive interventions. Nothing in this section shall be interpreted to provide a child fourteen years of age or older with independent consent rights for the purposes of the provision of special education and related services as set forth in federal law.

          B. Psychotropic medications may be administered to a child fourteen years of age or older with the informed consent of the child. When psychotropic medications are administered to a child fourteen years of age or older, the child's legal custodian shall be notified by the clinician.

          C. A clinician or other mental health and developmental disabilities professional shall promote the healthy involvement of a child's legal custodians and family members in developing and implementing the child's treatment plan, including appropriate participation in treatment for children fourteen years of age or older. However, nothing in this section shall limit the rights of a child fourteen years of age or older to consent to services and to consent to disclosure of mental health records.

          D. A child who has been adjudicated as abused or neglected and who is under the jurisdiction of the children's court may be required to participate in court-ordered behavioral health services or treatment if the court determines after a hearing and consideration of evidence that the proposed services or treatment is in the best interest of the child and is necessary to promote the child's health, safety or welfare."

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