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F I S C A L I M P A C T R E P O R T





SPONSOR: Aragon DATE TYPED: 02/12/01 HB
SHORT TITLE: Safe Place for Infants Act SB 366
ANALYST: Dunbar


APPROPRIATION



Appropriation Contained
Estimated Additional Impact
Recurring

or Non-Rec

Fund

Affected

FY01 FY02 FY01 FY02
$ 250.0

See Narrative

Recurring General Fund



(Parenthesis ( ) Indicate Expenditure Decreases)



Relates to SB 94 and HB 251.



SOURCES OF INFORMATION



LFC Files

Administrative Officer of the Courts

Children, Youth and Families Department (CYFD)

Commission on the Status of Women

Health Policy Commission (HPC)

SUMMARY



Synopsis of Bill



SB 366 enacts and amends current law to provide safe places where an individual can leave an infant. The individual would not be subject to prosecution for abandonment if the infant is less than six months old and is left in an unharmed condition. A safe place is a fire station or substation staffed by an emergency medical technician or a hospital licensed by DOH that has an emergency department or other department that responds to the needs of the acutely sick and injured. CYFD will take custody of the infant only when the infant's medical condition has been stabilized and medical services rendered. CYFD will then initiate proceedings under the Adoption Act for placing the infant. Safe place staff are immune from criminal or civil liability if they acted in good faith in receiving the infant.



SB 366 amends the Criminal Code on abandonment (NMSA 1978 § 30-6-1).

This bill appropriates $250.0 from the general fund to CYFD for the purpose of perform public outreach functions necessary to educate the public about the Safe Place for Infants Act.



The bill has an emergency clause.



Significant Issues



According to HPC, 14 states have enacted "safe haven" laws and the legislation varies greatly from state-to-state. States that heavily publicize the program have seen a decline in abandonment cases. CYFD supports legislation intended to keep children safe from harm and that any child abandoned should have a safe and secure place to live. However, they identify the following issues with the legislation: