45th legislature - STATE OF NEW MEXICO - first session, 2001

RELATING TO CHILDREN; ENACTING THE SAFE PLACE FOR INFANTS ACT; PROVIDING PROCEDURES TO ENSURE THE PHYSICAL SAFETY OF INFANTS WHO MIGHT OTHERWISE BE ABANDONED; PROVIDING IMMUNITY FROM CRIMINAL PROSECUTION AND CIVIL LIABILITY; AMENDING AND ENACTING SECTIONS OF THE NMSA 1978; MAKING AN APPROPRIATION; DECLARING AN EMERGENCY.

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

Section 1. [NEW MATERIAL] SHORT TITLE.--Sections 1 through 6 of this act may be cited as the "Safe Place for Infants Act".

Section 2. [NEW MATERIAL] DEFINITIONS.--As used in the Safe Place for Infants Act:

A. "emergency medical technician" means a health care provider who has been licensed to practice by the primary care and emergency medical services bureau of the public health division of the department of health;

B. "infant" means a child no more than six months old, as determined within a reasonable degree of medical certainty; and

C. "safe place" means a fire station or substation staffed by an emergency medical technician or a hospital licensed by the department of health where the hospital has an emergency department or other department that responds to the needs of the acutely sick and injured.

Section 3. [NEW MATERIAL] INFANTS LEFT AT SAFE PLACES.--A person may leave an infant with the staff of a safe place without being subject to prosecution for abandonment if:

A. the infant was born within six months of being left at the safe place, as determined within a reasonable degree of medical certainty; and

B. the infant is left in an unharmed condition.

Section 4. [NEW MATERIAL] SAFE PLACE PROCEDURES.--

A. If the infant is presented unharmed, safe place staff shall not inquire as to the identity of the mother, the father or the person leaving the infant or contact law enforcement personnel. Safe place staff may ask the person leaving the infant about the medical history of the infant or the parents, but the person is not required to provide information.

B. Safe place staff shall stabilize the infant's medical condition and provide necessary medical services.

C. Safe place staff may furnish the person leaving the infant with information about how to contact relevant social service agencies.

D. Safe place staff shall immediately inform the children, youth and families department that an infant has been left at the safe place.

Section 5. [NEW MATERIAL] CHILDREN, YOUTH AND FAMILIES DEPARTMENT RESPONSIBILITIES.--

A. Upon notification by safe place staff that an infant has been received, the children, youth and families department shall take custody of the infant only when the infant's medical condition has been stabilized and necessary medical services have been rendered.

B. The children, youth and families department shall initiate proceedings pursuant to the Adoption Act for placement of the infant.

Section 6. [NEW MATERIAL] IMMUNITY.--Safe place staff, health care professionals or other employees of a safe place who accept an infant are immune from any criminal or civil liability that otherwise might result from that action if the safe place staff or other persons are acting in good faith in receiving the infant.

Section 7. Section 30-6-1 NMSA 1978 (being Laws 1973, Chapter 360, Section 10, as amended) is amended to read:

"30-6-1. ABANDONMENT OR ABUSE OF A CHILD.--

A. As used in this section:

(1) "child" means a person who is less than eighteen years of age;

(2) "neglect" means that a child is without proper parental care and control of subsistence, education, medical or other care or control necessary for [his] the child's well-being because of the faults or habits of [his parents] the child's parent, guardian or custodian or [their] his neglect or refusal, when able to do so, to provide them; and

(3) "negligently" refers to criminal negligence and means that a person knew or should have known of the danger involved and acted with a reckless disregard for the safety or health of the child.

B. Abandonment of a child consists of the parent, guardian or custodian of a child intentionally leaving or abandoning the child under circumstances whereby the child may or does suffer neglect. Whoever commits abandonment of a child is guilty of a misdemeanor, unless the abandonment results in the child's death or great bodily harm, in which case he is guilty of a second degree felony.

C. Abuse of a child consists of a person knowingly, intentionally or negligently, and without justifiable cause, causing or permitting a child to be:

(1) placed in a situation that may endanger the child's life or health;

(2) tortured, cruelly confined or cruelly punished; or

(3) exposed to the inclemency of the weather.

D. It shall be an affirmative defense to a charge of abandonment of a child that the acts complained of were in accordance with the Safe Place for Infants Act.

Whoever commits abuse of a child [which] that does not result in the child's death or great bodily harm is, for a first offense, guilty of a third degree felony and for second and subsequent offenses is guilty of a second degree felony. If the abuse results in great bodily harm or death to the child, he is guilty of a first degree felony."

Section 8. APPROPRIATION.--Two hundred fifty thousand dollars ($250,000) is appropriated from the general fund to the children, youth and families department in fiscal year 2002 to perform public outreach functions necessary to educate the public about the Safe Place for Infants Act. Any unexpected or unencumbered balance remaining at the end of fiscal year 2002 shall revert to the general fund.

Section 9. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.