45th legislature - STATE OF NEW MEXICO - second session, 2002

RELATING TO JUVENILE JUSTICE; CREATING THE JUVENILE JUSTICE DEPARTMENT; PROVIDING POWERS AND DUTIES; PROVIDING FOR CERTAIN TRANSFERS OF FUNCTIONS, PROPERTY, CONTRACTUAL OBLIGATIONS AND STATUTORY REFERENCES FROM THE CHILDREN, YOUTH AND FAMILIES DEPARTMENT TO THE JUVENILE JUSTICE DEPARTMENT; MAKING AN APPROPRIATION.

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

Section 1. [NEW MATERIAL] SHORT TITLE.--Sections 1 through 16 of this act may be cited as the "Juvenile Justice Department Act".

Section 2. [NEW MATERIAL] PURPOSE.--The purpose of the Juvenile Justice Department Act is to establish a department of state government that will administer laws and exercise functions related to juvenile justice, including those juvenile justice functions previously exercised by the juvenile justice division and other units of the children, youth and families department.

Section 3. [NEW MATERIAL] DEFINITIONS.--As used in the Juvenile Justice Department Act:

A. "department" means the juvenile justice department; and

B. "secretary" means the secretary of juvenile justice.

Section 4. [NEW MATERIAL] DEPARTMENT CREATED--DIVISIONS.--

A. The "juvenile justice department" is created. The department is a cabinet department and consists of the following divisions:

(1) administrative services division;

(2) juvenile institutions division; and

(3) juvenile probation and parole division.

B. The secretary may organize the department and the divisions specified in Subsection A of this section and may transfer or merge functions between divisions in the interest of efficiency and economy.

C. The governor may merge, abolish or create divisions of the department by executive order in the interest of efficiency and economy.

Section 5. [NEW MATERIAL] JUVENILE PAROLE BOARD ADMINISTRATIVELY ATTACHED.--The juvenile parole board is administratively attached to the department.

Section 6. [NEW MATERIAL] SECRETARY OF JUVENILE JUSTICE--APPOINTMENT.--

A. The chief executive and administrative officer of the department is the "secretary of juvenile justice". The secretary shall be appointed by the governor with the consent of the senate. The secretary shall hold office at the pleasure of the governor and shall serve in the executive cabinet.

B. An appointed secretary shall serve and have all the duties, responsibilities and authority of that office during the time prior to final action by the senate confirming or rejecting his appointment.

Section 7. [NEW MATERIAL] SECRETARY--DUTIES AND GENERAL POWERS.--

A. The secretary is responsible to the governor for the operation of the department. It is the secretary's duty to manage all operations of the department and to administer and enforce the laws with which he or the department is charged.

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

(1) except as otherwise provided in the Juvenile Justice Department Act, exercise general supervisory and appointing power over all department employees, subject to applicable personnel laws and rules;

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

(3) organize the department into organizational units as necessary to enable it 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 his duties;

(5) take administrative action by issuing orders and instructions, not inconsistent with law, to assure implementation of and compliance with the provisions of law for which administration or execution he 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 department and the provision of services to the citizens of the state;

(7) provide courses of instruction and practical training for employees of the department and other persons involved in the administration of programs with the objectives of improving the operations and efficiency of administration;

(8) prepare an annual budget for the department;

(9) provide cooperation, at the request of administratively attached agencies and adjunct agencies, in order to:

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

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

(c) resolve by agreement the manner and extent to which the department shall provide budgeting, record keeping and related clerical assistance to administratively attached agencies; and

(10) provide for surety bond coverage for all employees of the department as provided in the Surety Bond Act. The department shall pay the costs of such bonds.

C. The secretary may apply for and receive, with the governor's approval, in the name of the department, any public or private funds, including United States government funds, available to the department to carry out its programs, duties or services.

D. The secretary may make and adopt such reasonable and procedural rules as may be necessary to carry out the duties of the department and its divisions. No rule promulgated by the director of any division in carrying out the functions and duties of the division shall be effective until approved by the secretary. Unless otherwise provided by statute, no rule affecting any person or agency outside the department shall be adopted, amended or repealed without a public hearing on the proposed action before the secretary or a hearing officer designated by the secretary. The public hearing shall be held in Santa Fe unless otherwise permitted by statute. Notice of the subject matter of the rule, the action proposed to be taken, the time and place of the hearing, the manner in which interested persons may present their views and the method by which copies of the proposed rule or proposed amendment or repeal of an existing rule may be obtained shall be published once at least thirty days prior to the hearing date in a newspaper of general circulation and mailed at least thirty days prior to the hearing date to all persons who have made a written request for advance notice of hearing. Rules shall be filed in accordance with the State Rules Act.

Section 8. [NEW MATERIAL] ORGANIZATIONAL UNITS OF DEPARTMENT--POWERS AND DUTIES SPECIFIED BY LAW--ACCESS TO INFORMATION.--

A. Those organizational units of the department and the officers of those units specified by law shall have all 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 secretary, who shall retain the final decision-making authority and responsibility for the administration of such laws unless otherwise specifically provided by law.

B. The department shall have access to all records and data of other state departments that are not specifically held confidential by law.

Section 9. [NEW MATERIAL] DIVISION DIRECTORS.--The secretary may appoint, with the approval of the governor, "directors" of such divisions as are established within the department. Directors are exempt from the Personnel Act.

Section 10. [NEW MATERIAL] BUREAUS--CHIEFS.--The secretary may establish within each division such "bureaus" as he deems necessary to carry out the provisions of the Juvenile Justice Department Act. He shall appoint a "chief" to be the administrative head of any such bureau. The chief and all subsidiary employees of the department shall be covered by the provisions of the Personnel Act.

Section 11. [NEW MATERIAL] JUVENILE INSTITUTIONS DIVISION.--

A. The purpose of the juvenile institutions division is to diagnose, supervise, care for, educate and treat children adjudicated to be delinquents or youthful offenders and detained by or placed in the custody of the department pursuant to the Children's Code or other provisions of law.

B. The juvenile institutions division shall operate the New Mexico boys' school, the girls' welfare home, the New Mexico youth diagnostic and development center, Camino Nuevo, the reintegration centers and other facilities operated by the department and shall administer funds for juvenile community corrections programs.

Section 12. [NEW MATERIAL] JUVENILE PROBATION AND PAROLE DIVISION.--The juvenile probation and parole division shall supervise children on probation or parole and provide informal supervision pursuant to the Children's Code.

Section 13. [NEW MATERIAL] DEPARTMENT ADVISORY COMMITTEE.--

A. The "juvenile justice department advisory committee" is created to advise the secretary on services and programs of the department.

B. The committee shall consist of seven members appointed by the governor. Three members of the committee shall be appointed by the governor from a list of children's court judges recommended by the chief justice of the supreme court. Members shall be appointed so as to provide adequate representation of all ethnic groups and geographic areas of the state.

C. The advisory committee shall meet at least quarterly in a location convenient to the membership. Public members may receive per diem and mileage as provided in the Per Diem and Mileage Act and shall receive no other compensation, perquisite or allowance.

Section 14. [NEW MATERIAL] JUVENILE JUSTICE PROGRAMS--FEDERAL GRANTS--ADVISORY COMMITTEE--SUPERVISORY FUNCTION--LEGISLATIVE FINDINGS--FUNCTIONS.--

A. A 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" pursuant to that act and any applicable rules.

B. 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 available to the state if that funding is to continue.

C. The juvenile justice advisory committee has 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 department, approval of a comprehensive state plan and modifications reflecting statewide goals, objectives and priorities for the expenditure of federal funds received pursuant to that act;

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

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

(4) 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

(5) provision of technical assistance by the department to eligible entities pursuant to that act.

D. 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 department.

Section 15. [NEW MATERIAL] JUVENILE CORRECTIONAL OFFICERS ACTING AS PEACE OFFICERS.--

A. Juvenile correctional officers employed by the department 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 person 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 department facility or while transporting a person committed to or under the supervision of the department;

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

(3) engaged in any effort to pursue or apprehend any such person.

B. A juvenile correctional officer employed by the department shall not 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 juvenile correctional officer employed by the department 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 16. [NEW MATERIAL] JUVENILE CORRECTIONAL OFFICERS--QUALIFICATIONS.--To qualify for employment with the department as a juvenile correctional officer, a person shall: A. be a citizen 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 department.

Section 17. Section 9-2A-1 NMSA 1978 (being Laws 1992, Chapter 57, Section 1) is amended to read:

"9-2A-1. SHORT TITLE.--[Sections 1 through 16 of this act] Chapter 9, Article 2A NMSA 1978 may be cited as the "Children, Youth and Families Department Act"."

Section 18. Section 9-2A-2 NMSA 1978 (being Laws 1992, Chapter 57, Section 2) is amended to read:

"9-2A-2. PURPOSE.--The purpose of the Children, Youth and Families Department Act is to establish a department of state government that shall:

A. administer [all] laws and exercise [all] functions [formerly administered and exercised by the youth authority as well as administering certain functions] related to [children, youth and families that were formerly administered by other departments or agencies of the state] child and adult abuse and neglect, children's mental health and families in need of services;

B. assist in the development of state policies and plans for services to children, youth and families, including policies and plans that endeavor to strengthen client self-sufficiency and that emphasize prevention without jeopardizing the necessary provision of essential treatment and early intervention services; and

C. advocate for services for children, youth and families as an enduring priority in New Mexico."

Section 19. Section 9-2A-4 NMSA 1978 (being Laws 1992, Chapter 57, Section 4) is amended to read:

"9-2A-4. DEPARTMENT CREATED--DIVISIONS.--

A. The "children, youth and families department" is created. The department is a cabinet department and consists of, but is not limited to, six divisions as follows:

(1) the administrative services division;

(2) the preventive services division;

(3) the risk reduction services division;

(4) the moderate intervention services division;

(5) the community residential services division;

[(6) the juvenile justice services division, until July 1, 1993;] and

[(7)] (6) the institutional care division, beginning July 1, 1993.

B. The secretary [is empowered to] may organize the department and the divisions specified in Subsection A of this section and may transfer or merge functions between divisions in the interest of efficiency and economy.

C. The governor [is empowered to] may merge divisions and [to] abolish or create divisions of the department by executive order in the interest of efficiency and economy."

Section 20. Section 9-2A-8 NMSA 1978 (being Laws 1992, Chapter 57, Section 8, as amended) is amended to read:

"9-2A-8. DEPARTMENT--ADDITIONAL DUTIES.--In addition to other duties provided by law or assigned to the department by the governor, the department shall:

A. develop priorities for state services and resources arising out of state policy and local planning processes;

B. strengthen collaboration and coordination in state and local services for children, youth and families;

C. develop and maintain a statewide database, including client tracking of services for children, youth and families;

D. develop and disseminate a readily accessible resource database;

E. develop and use community or regional councils to establish community priorities and service strategies in order to enhance community-level decision-making and creative solutions;

F. develop standards of service that focus on coordination, monitoring and accountability, including the development of a plan for both process and outcome assessment and evaluation;

G. review and comment on policies of other departments that affect children, youth and families, including assisting in the development of common contracting procedures and common service definitions;

H. develop a uniform system of access to services for children, youth and families;

I. [enact regulations] adopt and promulgate rules to control [disposition and] placement of children [under] who are not delinquent offenders, youthful offenders or serious youthful offenders pursuant to the Children's Code, including [regulations] rules to limit or prohibit the out-of-state placement of children, including those who are developmentally disabled or mentally disordered, when in-state alternatives are available; and

J. develop reimbursement criteria for licensed child care centers and licensed home providers, including establishing that accreditation by a department-approved national accrediting body is sufficient qualification for the child care center or home provider to receive the highest reimbursement rate paid by the department."

Section 21. Section 9-2A-13 NMSA 1978 (being Laws 1992, Chapter 57, Section 13) is amended to read:

"9-2A-13. INTERAGENCY COORDINATING GROUP.--There is created an "interagency coordinating group" consisting of the secretary of juvenile justice, the secretary of finance and administration, the secretary of health, the secretary of human services, the secretary of labor, the superintendent of public instruction, the chairman of the joint interim legislative health and human services committee and a member of the governor's office. The group shall assist the secretary of children, youth and families and the children, youth and families advisory committee in planning coordination of services."

Section 22. Section 31-18-15.3 NMSA 1978 (being Laws 1993, Chapter 77, Section 3) is amended to read:

"31-18-15.3. SERIOUS YOUTHFUL OFFENDER--DISPOSITION.--

A. An alleged serious youthful offender may be detained in any of the following places, prior to arraignment in metropolitan, magistrate or district court:

(1) a detention facility for delinquent children, licensed by the [children, youth and families] juvenile justice department;

(2) any other suitable place, other than a facility for the care and rehabilitation of delinquent children, that meets standards for detention facilities, as set forth in the Children's Code and federal law; or

(3) a county jail, if a facility described in Paragraph (1) or (2) of this subsection is not appropriate.

B. When an alleged serious youthful offender is detained in a juvenile detention facility prior to trial, the time spent in the juvenile detention facility shall count towards completion of any sentence imposed.

C. At arraignment, when a metropolitan or district court judge or a magistrate determines that an alleged serious youthful offender should remain in custody, the alleged serious youthful offender may be detained in an adult or juvenile detention facility, subject to the facility's accreditation and the provisions of applicable federal law.

D. When an alleged serious youthful offender is found guilty of first degree murder, the court shall sentence the offender pursuant to the provisions of the Criminal Sentencing Act. The court may sentence the offender to less than, but not exceeding, the mandatory term for an adult. The determination of guilt becomes a conviction for purposes of the Criminal Sentencing Act.

E. Prior to the sentencing of an alleged serious youthful offender who is convicted of first degree murder, adult probation services shall prepare a presentence report and submit the report to the court and the parties five days prior to the sentencing hearing.

F. When the alleged serious youthful offender is convicted of a lesser offense than first degree murder, the court shall provide for disposition of the offender pursuant to the provisions of Section [32-2-19 or 32-2-20] 32A-2-19 or 32A-2-20 NMSA 1978. When an offender is adjudicated as a delinquent child, the conviction shall not be used as a conviction for purposes of the Criminal Sentencing Act."

Section 23. 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. "adult" means [an individual] a person who is eighteen years of age or older;

B. "child" means [an individual] a person who is less than eighteen years old;

C. "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;

D. "court appointed special advocate" or "CASA" means a person appointed as a [CASA] court appointed special advocate, pursuant to the provisions of the Children's Court Rules [and Forms], who assists the court in determining the best interests of the child by investigating the case and submitting a report to the court;

E. "custodian" means a person, other than a parent or guardian, who exercises physical control, care or custody of the child, including [any] an employee of a residential facility or [any] persons providing out-of-home care;

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

G.] F. "foster parent" means a person, including a relative of the child, licensed or certified by the children, youth and families department or a child placement agency to provide care for children in the custody of the department or agency;

[H.] G. "guardian" means the person having the duty and authority of guardianship;

[I.] H. "guardianship" means the duty and authority to make important decisions in matters having a permanent effect on the life and development of a child and to be concerned about the child's general welfare and includes:

(1) the authority to consent to marriage, to enlistment in the armed forces of the United States or to major medical, psychiatric and surgical treatment;

(2) the authority to represent the child in legal actions and to make other decisions of substantial legal significance concerning the child;

(3) the authority and duty of reasonable visitation of the child;

(4) the rights and responsibilities of legal custody when the physical custody of the child is exercised by the child's parents, except when legal custody has been vested in another person; and

(5) when the rights of the child's parents have been terminated as provided for in the laws governing termination of parental rights or when both of the child's parents are deceased, the authority to consent to the adoption of the child and to make any other decision concerning the child that the child's parents could have made;

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

[K.] J. "Indian child" means an unmarried person who is:

(1) less than eighteen years old;

(2) a member of an Indian tribe or is eligible for membership in an Indian tribe; and

(3) the biological child of a member of an Indian tribe;

[L.] K. "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;

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

[N.] M. "legal custody" means a legal status created by the order of the court or other court of competent jurisdiction 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, 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, all subject to the powers, rights, duties and responsibilities of the guardian of the child and subject to any existing parental rights and responsibilities. [An individual] A person granted legal custody of a child shall exercise the rights and responsibilities as custodian personally, unless otherwise authorized by the court entering the order;

[O.] N. "parent" or "parents" includes 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. A parent retains all of the duties and authority of guardianship and legal custody of the child, unless otherwise limited or altered by court order;

[P.] O. "permanency plan" means a determination by the court that the child's interest will be served best by:

(1) return to the parent;

(2) placement with a person who will be the child's permanent guardian;

(3) placement for adoption after the parents' rights have been relinquished or terminated or after a motion has been filed to terminate parental rights;

(4) placement in the custody of the children, youth and families department until the child reaches the age of majority, unless the child is emancipated, pursuant to the Emancipation of Minors Act; or

(5) placement in the custody of the children, youth and families department under a planned permanent living arrangement that meets the department's definition of long-term foster care;

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

[R.] Q. "preadoptive parent" means a person with whom a child has been placed for adoption;

[S.] R. "tribal court" means:

(1) a court established and operated pursuant to a code or custom of an Indian tribe; or

(2) any administrative body of an Indian tribe that is vested with judicial authority;

[T.] S. "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

[U.] T. "tribunal" means any judicial forum other than the court."

Section 24. Section 32A-1-6 NMSA 1978 (being Laws 1993, Chapter 77, Section 15, as amended) is amended to read:

"32A-1-6. CHILDREN'S COURT ATTORNEY.--

A. The "office of children's court attorney" is established in each judicial district. Except as provided by [Subsection] Subsections C, D [or] and E of this section, each district attorney is the ex-officio children's court attorney for the judicial district of the district attorney.

B. Except as provided by [Subsection] Subsections C, D [or] and E of this section, the children's court attorney may represent the state in any matter arising under the Children's Code when the state is the petitioner or complainant. The children's court attorney shall represent the petitioner in matters arising under the Children's Code when, in the discretion of the judge, the matter presents legal complexities requiring representation by the children's court attorney, whether or not the state is petitioner or complainant, but not in those matters when there is a conflict of interest between the petitioner or complainant and the state. A petitioner or complainant may be represented by counsel in any matter arising under the Children's Code.

C. In cases involving civil abuse or civil neglect and the periodic review of their dispositions, the attorney selected by and representing the children, youth and families department is the children's court attorney. The attorney selected by and representing the department shall provide the district attorney of the appropriate judicial district with a copy of any abuse or neglect petition filed in that judicial district. Upon the request of the district attorney, the attorney selected by and representing the department shall provide the district attorney with reports, investigations and pleadings relating to any abuse or neglect petition.

D. In cases involving families in need of services, the periodic review of their dispositions and voluntary placements, the attorney selected by and representing the children, youth and families department is the children's court attorney. The attorney selected by and representing the department shall provide the district attorney of the appropriate judicial district with a copy of any family in need of court-ordered services petition filed in that judicial district. Upon the request of the district attorney, the attorney selected by and representing the department shall provide the district attorney with reports, investigations and pleadings relating to any family in need of court-ordered services petition.

E. In cases involving a child subject to the provisions of the Children's Mental Health and Developmental Disabilities Act that also involves civil abuse, civil neglect or a family in need of court-ordered services, the attorney selected by and representing the children, youth and families department is the children's court attorney. In cases involving a child subject to the provisions of the Children's Mental Health and Developmental Disabilities Act that does not also involve civil abuse, civil neglect or a family in need of court-ordered services, the district attorney is the ex-officio children's court attorney.

F. In those counties where the children's court attorney has sufficient staff and the workload requires it, the children's court attorney may delegate children's court functions to a staff attorney."

Section 25. Section 32A-1-8 NMSA 1978 (being Laws 1993, Chapter 77, Section 17, as amended by Laws 1999, Chapter 46, Section 1 and also by Laws 1999, Chapter 78, Section 1) is amended to read:

"32A-1-8. JURISDICTION OF THE COURT--TRIBAL COURT JURISDICTION.--

A. The court has exclusive original jurisdiction of all proceedings under the Children's Code in which a person is eighteen years of age or older and was a child at the time the alleged act in question was committed or is a child alleged to be:

(1) a delinquent child;

(2) a child of a family in need of services; (3) a neglected child;

(4) an abused child;

(5) a child subject to adoption; or

(6) a child subject to placement for a developmental disability or a mental disorder.

B. The court has exclusive original jurisdiction to emancipate a minor.

C. During abuse or neglect proceedings in which New Mexico is the home state, pursuant to the provisions of the Uniform Child-Custody Jurisdiction and Enforcement Act, the court shall have jurisdiction over both parents to determine the best interest of the child and to decide all matters incident to the court proceedings.

D. Nothing in this section shall be construed to in any way abridge the rights of [any] an Indian tribe to exercise jurisdiction over child custody matters as defined by and in accordance with the federal Indian Child Welfare Act of 1978.

E. A tribal court order pertaining to an Indian child in an action under the Children's Code shall be recognized and enforced by the district court for the judicial district in which the tribal court is located. A tribal court order pertaining to an Indian child that accesses state resources shall be recognized and enforced pursuant to the provisions of intergovernmental agreements entered into by the Indian child's tribe and the children, youth and families department, the juvenile justice department or another state agency. An Indian child residing on or off a reservation, as a citizen of this state, shall have the same right to services that are available to other children of the state, pursuant to intergovernmental agreements. The cost of the services provided to an Indian child shall be determined and provided for in the same manner as services are made available to other children of the state, [utilizing] using tribal, state and federal funds and pursuant to intergovernmental agreements. The tribal court, as the court of original jurisdiction, shall retain jurisdiction and authority over the Indian child."

Section 26. Section 32A-2-1 NMSA 1978 (being Laws 1993, Chapter 77, Section 30) is amended to read:

"32A-2-1. SHORT TITLE.--Chapter [32] 32A, Article 2 NMSA 1978 may be cited as the "Delinquency Act"."

Section 27. 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. "delinquent act" means an act committed by a child that would be designated as a crime under the law if committed by an adult, including the following offenses:

(1) pursuant to municipal traffic codes or the Motor Vehicle Code:

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

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

(c) any unlawful taking of a vehicle or motor vehicle;

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

(e) any homicide by vehicle;

(f) any injuring or tampering with a vehicle;

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

(h) any 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) any 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 [any] 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 [establishments] an establishment, as defined in [regulations] rules promulgated by the director of the special investigations division of the department of public safety, that [serve] serves only hamburgers, sandwiches, salads and other fast foods;

(3) any felony violation of the provisions of Sections 17-1-1 through 17-5-9 NMSA 1978 or any [regulations] rules adopted by the state game commission that relate to the time, extent, means or manner that game animals, birds or fish may be hunted, taken, captured, killed, possessed, sold, purchased or shipped and for which a fine may be imposed or a civil damage awarded;

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

(5) any violation of the Controlled Substances Act;

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

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

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

C. "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. "department" means the juvenile justice department;

[D.] E. "detention facility" means a place where a child may be detained under the Children's Code pending 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, which are a direct and proximate result of a delinquent act, 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 [any] 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] a child 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]; and

[I.] J. "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;

(c) kidnapping, as provided in Section

30-4-1 NMSA 1978;

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

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

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

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

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

(i) robbery, as provided in Section

30-16-2 NMSA 1978;

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

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

(l) 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 and 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 are not considered a prior adjudication for the purposes of this paragraph; or

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

Section 28. Section 32A-2-7 NMSA 1978 (being Laws 1993, Chapter 77, Section 36) is amended to read:

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

A. [Complaints] A complaint alleging delinquency shall be referred to [probation services] the department, 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 [32-2-14] 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 preliminary inquiry shall be completed within the time limits set forth in the Children's Court Rules [and Forms].

C. 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 [and Forms], the child shall be released immediately.

D. After completion of the preliminary inquiry on a delinquency complaint involving a misdemeanor, [probation services] the department 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] the department shall notify the children's court attorney and recommend an appropriate disposition for the case.

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

F. 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 29. Section 32A-2-8 NMSA 1978 (being Laws 1993, Chapter 77, Section 37) is amended to read:

"32A-2-8. PETITION--AUTHORIZATION TO FILE.--A petition alleging delinquency shall not be filed in delinquency proceedings unless the children's court attorney, after consulting with [probation services] the department, has determined and endorsed upon the petition that the filing of the petition is in the best interest of the public and the child. The children's court attorney shall furnish legal services in connection with the authorization and preparation of the petition."

Section 30. Section 32A-2-21 NMSA 1978 (being Laws 1993, Chapter 77, Section 50, as amended) is amended to read:

"32A-2-21. DISPOSITION OF A MENTALLY DISORDERED OR DEVELOPMENTALLY DISABLED CHILD IN A DELINQUENCY PROCEEDING.--

A. If in a hearing at any stage of a proceeding on a delinquency petition the evidence indicates that the child is or may be developmentally disabled or mentally disordered, the court may:

(1) order the child detained if appropriate under the criteria established pursuant to the provisions of the Delinquency Act; and

(2) initiate proceedings for the involuntary placement of the child as a mentally disordered or developmentally disabled minor pursuant to the provisions of the Children's Mental Health and Developmental Disabilities Act.

B. If the child is placed for residential treatment or habilitation pursuant to the Children's Mental Health and Developmental Disabilities Act, the children, youth and families department shall retain legal custody during the period of involuntary placement or until further order of the court.

C. If a child is committed to a psychiatric hospital for treatment or habilitation and in the event that the children, youth and families department should be required to pay more than four hundred dollars ($400) per day because of the individualized treatment plan, the annual costs over four hundred dollars ($400) per child per day will be reported annually by [the] that department to the legislative finance committee.

D. The child may remain in the residential treatment or habilitation facility pending the disposition of the delinquency petition.

E. When a child in [departmental] the custody of the children, youth and families department needs involuntary placement for residential mental health or developmental disability services as a result of a mental disorder or developmental disability, [the] that department shall request the children's court attorney to petition for that child's placement pursuant to the provisions of the Children's Mental Health and Developmental Disabilities Act.

F. A child subject to the provisions of the Delinquency Act who receives treatment in a residential treatment or habilitation program shall enjoy all the substantive and procedural rights set forth in the Children's Mental Health and Developmental Disabilities Act.

G. A child's competency to stand trial or participate in his own defense may be raised by any party at any time during a proceeding. If the court determines that a child is incompetent to stand trial or participate in his own defense, the court may dismiss the petition without prejudice and initiate proceedings pursuant to the provisions of the Children's Mental Health and Developmental Disabilities Act."

Section 31. Section 32A-2-22 NMSA 1978 (being Laws 1993, Chapter 77, Section 51, as amended) is amended to read:

"32A-2-22. CONTINUANCE UNDER SUPERVISION WITHOUT JUDGMENT--CONSENT DECREE--DISPOSITION.--

A. At any time after the filing of a delinquency petition and before the entry of a judgment, the court may, on motion of the children's court attorney or that of counsel for the child, suspend the proceedings and continue the child under supervision in the child's own home under terms and conditions negotiated with [probation services] the department and agreed to by all the parties affected. The court's order continuing the child under supervision under this section shall be known as a "consent decree".

B. If the child objects to a consent decree, the court shall proceed to findings, adjudication and disposition of the case. If the child does not object but an objection is made by the children's court attorney after consultation with [probation services] the department, the court shall, after considering the objections and the reasons given, proceed to determine whether it is appropriate to enter a consent decree and may, in its discretion, enter the consent decree.

C. A consent decree shall remain in force for six months unless the child is discharged sooner by [probation services] the department. Prior to the expiration of the six-month period and upon the application of [probation services] the department or any other agency supervising the child under a consent decree, the court may extend the decree for an additional six months in the absence of objection to extension by the child. If the child objects to the extension, the court shall hold a hearing and make a determination on the issue of extension.

D. If either prior to discharge by [probation services] the department or expiration of the consent decree the child allegedly fails to fulfill the terms of the decree, the children's court attorney may file a petition to revoke the consent decree. Proceedings on the petition shall be conducted in the same manner as proceedings on petitions to revoke probation. If the child is found to have violated the terms of the consent decree, the court may:

(1) extend the period of the consent decree; or

(2) make any other disposition that would have been appropriate in the original proceeding.

E. A child who is discharged by [probation services] the department or who completes a period under supervision without reinstatement of the original delinquency petition shall not again be proceeded against in any court for the same offense alleged in the petition or an offense based upon the same conduct and the original petition shall be dismissed with prejudice. Nothing in this subsection precludes a civil suit against the child for damages arising from the child's conduct.

F. A judge who pursuant to this section elicits or examines information or material about a child that would be inadmissible in a hearing on the allegations of the petition shall not, over the objection of the child, participate in any subsequent proceedings on the delinquency if:

(1) a consent decree is denied and the allegations in the petition remain to be decided in a hearing where the child denies the allegations; or

(2) a consent decree is granted but the delinquency petition is subsequently reinstated.

G. If a consent decree has been entered pursuant to the filing of a delinquency petition based on Paragraph (2), (4) or (5) of Subsection A of Section 32A-2-3 NMSA 1978 for a child who is fifteen years of age or older, a condition of the consent decree agreement may be the denial of the child's driving privileges or the revocation of the child's driver's license for a period of ninety days. For the second or subsequent adjudication, the child's driving privileges may be denied or the child's driver's license revoked for a period of one year. Within twenty-four hours of the entry by the court of a decree consenting to the revocation or denial of the child's driver's license or driving privileges, the court shall send the decree to the motor vehicle division of the taxation and revenue department. Upon receipt of the decree from the court consenting to the denial or revocation of the child's driving privilege or driver's license, the director of the motor vehicle division of the taxation and revenue department shall revoke or deny the delinquent child's driver's license or driving privileges. Nothing in this section shall prohibit the delinquent child from applying for a limited driving privilege pursuant to Section 66-5-35 NMSA 1978, and nothing in this section precludes the delinquent child's participation in an appropriate educational, counseling or rehabilitation program.

H. The court shall not order more than one consent decree for a child within a two-year period."

Section 32. Section 32A-2-25 NMSA 1978 (being Laws 1993, Chapter 77, Section 54) is amended to read:

"32A-2-25. PAROLE REVOCATION--PROCEDURES.--

A. A child on parole from an agency that has legal custody who violates a term of parole may be proceeded against in a parole revocation proceeding conducted by the department or the supervising agency in accordance with procedures established by the department in cooperation with the juvenile parole board. A juvenile probation and parole officer may detain a child on parole status who is alleged to have violated a term or condition of parole until the completion and review of a preliminary parole revocation hearing.

B. If a retake warrant is issued by the department upon the completion of the preliminary parole revocation hearing, the juvenile institution to which the warrant is issued shall promptly transport the child to that institution at the expense of the department. If a child absconds from parole supervision and is apprehended in another state after the issuance of a retake warrant by the department, [the juvenile justice services division of] the department shall cause the return of the child to this state at the expense of the department."

Section 33. Section 32A-2-26 NMSA 1978 (being Laws 1993, Chapter 77, Section 55) is amended to read:

"32A-2-26. SEALING OF RECORDS.--

A. On motion by or on behalf of [an individual] a person who has been the subject of a delinquency petition or on the court's own motion, the court shall vacate its findings, orders and judgments on the petition and order the legal and social files and records of the court, [probation services] the department and any other agency in the case sealed [and]. If requested in the motion, the court shall also order law enforcement files and records sealed. An order sealing records and files shall be entered if the court finds that:

(1) two years have elapsed since the final release of the [individual] person from legal custody and supervision or two years have elapsed since the entry of any other judgment not involving legal custody or supervision; and

(2) the [individual] person has not, within the two years immediately prior to filing the motion, been convicted of a felony or of a misdemeanor involving moral turpitude or been found delinquent by a court and no proceeding is pending seeking such a conviction or finding.

B. Reasonable notice of the motion shall be given to:

(1) the children's court attorney;

(2) the authority granting the release;

(3) the law enforcement officer, department and central depository having custody of the law enforcement files and records if those records are included in the motion; and

(4) any other agency having custody of records or files subject to the sealing order.

C. Upon the entry of the sealing order, the proceedings in the case shall be treated as if they never occurred and all index references shall be deleted [and]. The court, law enforcement officers and departments and agencies shall reply, and the [individual] person may reply, to an inquiry that no record exists with respect to such person. Copies of the sealing order shall be sent to each agency or official named in the order.

D. Inspection of the files and records or the release of information in the records included in the sealing order may thereafter be permitted by the court only:

(1) upon motion by the [individual] person who is the subject of the records and only to those persons named in the motion; and

(2) in its discretion, in an individual case, to any clinic, hospital or agency that has the [individual] person under care or treatment or to persons engaged in fact finding or research.

E. Any finding of delinquency or need of services or conviction of a crime subsequent to the sealing order may at the court's discretion be used by the court as a basis to set aside the sealing order.

F. A person who has been the subject of a petition filed pursuant to the provisions of the Delinquency Act shall be notified in writing by the [juvenile probation and parole officer] department of the right to have records sealed at the expiration of the disposition."

Section 34. Section 32A-2-32 NMSA 1978 (being Laws 1993, Chapter 77, Section 61) is amended to read:

"32A-2-32. CONFIDENTIALITY--RECORDS.--

A. All social records, including diagnostic evaluation, psychiatric reports, medical reports, social studies reports, pre-parole reports and supervision histories obtained by the [juvenile probation office, parole officers and] juvenile justice department, the parole board or the children, youth and families department or in possession of [the department] those departments or that board, are privileged and shall not be disclosed directly or indirectly to the public.

B. The records described in Subsection A of this section shall be open to inspection only by:

(1) court personnel;

(2) court appointed special advocates;

(3) the child's guardian ad litem;

(4) juvenile justice department personnel;

(5) children, youth and families department personnel;

[(5)] (6) any local substitute care review board or any agency contracted to implement local substitute care review boards;

[(6)] (7) corrections department personnel;

[(7)] (8) law enforcement officials;

[(8)] (9) district attorneys;

[(9)] (10) any state government social services agency in any state;

[(10)] (11) those persons [or entities] of a child's Indian tribe specifically authorized to inspect such records pursuant to the federal Indian Child Welfare Act of 1978 or any regulations promulgated thereunder;

[(11)] (12) tribal juvenile justice system and social service representatives;

[(12)] (13) a foster parent, if the records are those of a child currently placed with that foster parent or of a child being considered for placement with that foster parent when the records concern the social, medical, psychological or educational needs of the child;

[(13)] (14) school personnel involved with the child if the records concern the child's social or educational needs;

[(14)] (15) health care or mental health professionals involved in the evaluation or treatment of the child, the child's [parents, guardians] parent, guardian or custodian or other family members;

[(15)] (16) representatives of the protection and advocacy system, pursuant to the provisions of the federal Developmental Disabilities Assistance and Bill of Rights Act and the federal Protection and Advocacy for Mentally Ill Individuals Amendments Act of 1991; and

[(16)] (17) any other person [or entity], by order of the court, having a legitimate interest in the case or the work of the court.

C. Whoever intentionally and unlawfully releases any information or records closed to the public pursuant to this section or releases or makes other unlawful use of records in violation of this section is guilty of a petty misdemeanor."

Section 35. Section 32A-2-33 NMSA 1978 (being Laws 1999, Chapter 216, Section 1) is amended to read:

"32A-2-33. CHILD IN POSSESSION OF A FIREARM ON SCHOOL PREMISES--DETENTION--HEARING.--

A. If a public school administrator or employee has reasonable cause to believe that a child is in possession of or has been in possession of a firearm on school premises in violation of the federal Gun-Free Schools Act of 1994 or Section 30-7-2.1 NMSA 1978, the administrator or employee shall immediately report the child's actions to a law enforcement agency and the [children, youth and families] department.

B. Upon receipt of a report pursuant to Subsection A of this section, the law enforcement agency shall immediately conduct an investigation to determine if there is probable cause to believe that the child possessed a firearm on school premises.

C. If the law enforcement agency determines there is probable cause to believe that the child possessed a firearm on school premises, the law enforcement agency shall immediately take the child into custody and deliver the child to a detention facility [licensed] certified by the department. After the child is delivered to a detention facility, the department shall comply with the notification provisions set forth in Subsection C of Section 32A-2-10 NMSA 1978. The child shall be detained in the detention facility, pending a detention hearing pursuant to the provisions of Section 32A-2-13 NMSA 1978.

D. As used in this section, "firearm" means any weapon [which] that will or is designed to or may readily be converted to expel a projectile by the action of an explosion; the frame or receiver of any such weapon; or any firearm muffler or firearm silencer. "Firearm" includes any handgun, rifle or shotgun."

Section 36. Section 32A-3-1 NMSA 1978 (being Laws 1993, Chapter 77, Section 62) is amended to read:

"32A-3-1. SHORT TITLE.--Chapter [32] 32A, Articles 3A and 3B NMSA 1978 may be cited as the "Family in Need of Services Act"."

Section 37. Section 32A-3A-2 NMSA 1978 (being Laws 1993, Chapter 77, Section 64) is amended to read:

"32A-3A-2. DEFINITIONS.--As used in the Family in Need of Services Act:

A. "family in need of services" means:

(1) a family whose child, subject to compulsory school attendance, is absent from school without authorized excuse more than ten days during a school semester;

(2) a family whose child is absent from the child's place of residence for twenty-four hours or more without the consent of the parent, guardian or custodian;

(3) a family in which the parent, guardian or custodian of a child refuses to permit the child to live with the parent, guardian or custodian; or

(4) a family in which the child refuses to live with his parent, guardian or custodian;

B. "family needs assessment" means an evaluation of a child and family for the purpose of identifying the family's specific strengths as well as the problems and needs of the child and family;

C. "family services" means services that address specific needs of the family and include:

(1) family preservation services;

(2) child care services;

(3) homemaker services;

(4) crisis counseling;

(5) transportation services;

(6) community mental health services;

(7) individual, family or group counseling services;

(8) parent training services;

(9) recreational services; and

(10) community-based services;

D. "plan for family services" or "plan" means an intervention plan based on the needs of the child and family that incorporates the family's strengths and is developed as part of the assessment and referral process; and

E. "department" means the children, youth and families department."

Section 38. Section 32A-4-1 NMSA 1978 (being Laws 1993, Chapter 77, Section 95) is amended to read:

"32A-4-1. SHORT TITLE.--Chapter [32] 32A, Article 4 NMSA 1978 may be cited as the "Abuse and Neglect Act"."

Section 39. Section 32A-4-2 NMSA 1978 (being Laws 1993, Chapter 77, Section 96, as amended) is amended to read:

"32A-4-2. DEFINITIONS.--As used in the Abuse and Neglect Act:

A. "abandonment" includes instances when the parent, without justifiable cause:

(1) left the child without provision for the child's identification for a period of fourteen days; or

(2) left the child with others, including the other parent or an agency, without provision for support and without communication for a period of:

(a) three months if the child was under six years of age at the commencement of the three-month period; or

(b) six months if the child was over six years of age at the commencement of the six-month period;

B. "abused child" means a child:

(1) who has suffered or who is at risk of suffering serious harm because of the action or inaction of the child's parent, guardian or custodian;

(2) who has suffered physical abuse, emotional abuse or psychological abuse inflicted or caused by the child's parent, guardian or custodian;

(3) who has suffered sexual abuse or sexual exploitation inflicted by the child's parent, guardian or custodian;

(4) whose parent, guardian or custodian has knowingly, intentionally or negligently placed the child in a situation that may endanger the child's life or health; or

(5) whose parent, guardian or custodian has knowingly or intentionally tortured, cruelly confined or cruelly punished the child;

C. "aggravated circumstances" include those circumstances in which the parent, guardian or custodian has:

(1) attempted, conspired to cause or caused great bodily harm to the child or great bodily harm or death to the child's sibling;

(2) attempted, conspired to cause or caused great bodily harm or death to another parent, guardian or custodian of the child;

(3) attempted, conspired to subject or has subjected the child to torture, chronic abuse or sexual abuse; or

(4) had his parental rights over a sibling of the child terminated involuntarily;

D. "great bodily harm" means an injury to a person that creates a high probability of death, that causes serious disfigurement or that results in permanent or protracted loss or impairment of the function of [any] a member or organ of the body;

E. "neglected child" means a child:

(1) who has been abandoned by the child's parent, guardian or custodian;

(2) who is without proper parental care and control or subsistence, education, medical or other care or control necessary for the child's well-being because of the faults or habits of the child's parent, guardian or custodian or the failure or refusal of the parent, guardian or custodian, when able to do so, to provide them;

(3) who has been physically or sexually abused, when the child's parent, guardian or custodian knew or should have known of the abuse and failed to take reasonable steps to protect the child from further harm;

(4) whose parent, guardian or custodian is unable to discharge his responsibilities to and for the child because of incarceration, hospitalization or physical or mental disorder or incapacity; or

(5) who has been placed for care or adoption in violation of the law; provided that nothing in the Children's Code shall be construed to imply that a child who is being provided with treatment by spiritual means alone through prayer, in accordance with the tenets and practices of a recognized church or religious denomination, by a duly accredited practitioner thereof is for that reason alone a neglected child within the meaning of the Children's Code; and further provided that no child shall be denied the protection afforded to all children under the Children's Code;

F. "physical abuse" includes [but is not limited to] any case in which the child exhibits evidence of skin bruising, bleeding, malnutrition, failure to thrive, burns, fracture of any bone, subdural hematoma, soft tissue swelling or death and:

(1) there is not a justifiable explanation for the condition or death;

(2) the explanation given for the condition is at variance with the degree or nature of the condition;

(3) the explanation given for the death is at variance with the nature of the death; or

(4) circumstances indicate that the condition or death may not be the product of an accidental occurrence;

G. "sexual abuse" includes [but is not limited to] criminal sexual contact, incest or criminal sexual penetration, as those acts are defined by state law; [and]

H. "sexual exploitation" includes [but is not limited to]:

(1) allowing, permitting or encouraging a child to engage in prostitution;

(2) allowing, permitting, encouraging or engaging a child in obscene or pornographic photographing; or

(3) filming or depicting a child for obscene or pornographic commercial purposes, as those acts are defined by state law; and

I. "department" means the children, youth and families department."

Section 40. Section 32A-5-1 NMSA 1978 (being Laws 1993, Chapter 77, Section 128) is amended to read:

"32A-5-1. SHORT TITLE.--Chapter [32] 32A, Article 5 NMSA 1978 may be cited as the "Adoption Act"."

Section 41. Section 32A-5-3 NMSA 1978 (being Laws 1993, Chapter 77, Section 130, as amended) is amended to read:

"32A-5-3. DEFINITIONS.--As used in the Adoption Act:

A. "adoptee" means a person who is the subject of an adoption petition;

B. "agency" means a person certified, licensed or otherwise specially empowered by law to place a child in a home in this or any other state for the purpose of adoption;

C. "agency adoption" means an adoption when the adoptee is in the custody of an agency prior to placement;

D. "acknowledged father" means a father who:

(1) acknowledges paternity of the adoptee pursuant to the putative father registry, as provided for in Section 32A-5-20 NMSA 1978;

(2) is named, with his consent, as the adoptee's father on the adoptee's birth certificate;

(3) is obligated to support the adoptee under a written voluntary promise or pursuant to a court order; or

(4) has openly held out the adoptee as his own child by establishing a custodial, personal or financial relationship with the adoptee as follows:

(a) for an adoptee under six months old at the time of placement: 1) has initiated an action to establish paternity; 2) is living with the adoptee at the time the adoption petition is filed; 3) has lived with the mother a minimum of ninety days during the two-hundred-eighty-day-period prior to the birth or placement of the adoptee; 4) has lived with the adoptee within the ninety days immediately preceding the adoptive placement; 5) has provided reasonable and fair financial support to the mother during the pregnancy and in connection with the adoptee's birth in accordance with his means and when not prevented from doing so by the person or authorized agency having lawful custody of the adoptee or the adoptee's mother; 6) has continuously paid child support to the mother since the adoptee's birth in an amount at least equal to the amount provided in Section 40-4-11.1 NMSA 1978, or has brought current any delinquent child support payments; or 7) any other factor the court deems necessary to establish a custodial, personal or financial relationship with the adoptee; or

(b) for an adoptee over six months old at the time of placement: 1) has initiated an action to establish paternity; 2) has lived with the adoptee within the ninety days immediately preceding the adoptive placement; 3) has continuously paid child support to the mother since the adoptee's birth in an amount at least equal to the amount provided in Section 40-4-11.1 NMSA 1978, or is making reasonable efforts to bring delinquent child support payments current; 4) has contact with the adoptee on a monthly basis when physically and financially able and when not prevented by the person or authorized agency having lawful custody of the adoptee; or 5) has regular communication with the adoptee, or with the person or agency having the care or custody of the adoptee, when physically and financially unable to visit the adoptee and when not prevented from doing so by the person or authorized agency having lawful custody of the adoptee;

E. "alleged father" means [an individual] a person whom the biological mother has identified as the biological father, but the [individual] person has not acknowledged paternity or registered with the putative father registry as provided for in Section 32A-5-20 NMSA 1978;

F. "consent" means a document:

(1) signed by a biological parent whereby the parent grants consent to the adoption of the parent's child by another; or

(2) whereby the department or an agency grants its consent to the adoption of a child in its custody;

G. "counselor" means a person certified by the department to conduct adoption counseling in independent adoptions;

H. "department" means the children, youth and families department;

[H.] I. "department adoption" means an adoption when the child is in the custody of the department;

[I.] J. "former parent" means a parent whose parental rights have been terminated or relinquished;

[J.] K. "full disclosure" means mandatory and continuous disclosure by the investigator, agency, department or petitioner throughout the adoption proceeding and after finalization of the adoption of all known, nonidentifying information regarding the adoptee, including:

(1) health history;

(2) psychological history;

(3) mental history;

(4) hospital history;

(5) medication history;

(6) genetic history;

(7) physical descriptions;

(8) social history;

(9) placement history; and

(10) education;

[K.] L. "independent adoption" means an adoption when the child is not in the custody of the department or an agency;

[L.] M. "investigator" means [an individual] a person certified by the department to conduct pre-placement studies and post-placement reports;

[M.] N. "office" means a place for the regular transaction of business or performance of particular services;

[N.] O. "parental rights" means all rights of a parent with reference to a child, including parental right to control, to withhold consent to an adoption or to receive notice of a hearing on a petition for adoption;

[O.] P. "placement" means the selection of a family for an adoptee or matching of a family with an adoptee and physical transfer of the adoptee to the family in all adoption proceedings, except in adoptions filed pursuant to Paragraphs (1) and (2) of Subsection C of Section 32A-5-12 NMSA 1978, in which case placement occurs when the parents consent to the adoption, parental rights are terminated or parental consent is implied;

[P.] Q. "post-placement report" means a written evaluation of the adoptive family and the adoptee after the adoptee is placed for adoption;

[Q.] R. "pre-placement study" means a written evaluation of the adoptive family, the adoptee's biological family and the adoptee;

[R.] S. "presumed father" means:

(1) the husband of the biological mother at the time the adoptee was born;

(2) [an individual] a person who was married to the mother and either the adoptee was born during the term of the marriage or the adoptee was born within three hundred days after the marriage was terminated by death, annulment, declaration of invalidity or divorce; or

(3) before the adoptee's birth, [an individual] a person who attempted to marry the adoptee's biological mother by a marriage solemnized in apparent compliance with law, although the attempted marriage is or could be declared invalid and if the attempted marriage:

(a) could be declared invalid only by a court, the adoptee was born during the attempted marriage or within three hundred days after its termination by death, annulment, declaration of invalidity or divorce; or

(b) is invalid without a court order, the adoptee was born within three hundred days after the termination of cohabitation;

[S.] T. "record" means any petition, affidavit, consent or relinquishment form, transcript or notes of testimony, deposition, power of attorney, report, decree, order, judgment, correspondence, document, photograph, invoice, receipt, certificate or other printed, written, videotaped or tape-recorded material pertaining to an adoption proceeding;

[T.] U. "relinquishment" means the document by which a parent relinquishes parental rights to the department or an agency to enable placement of the parent's child for adoption;

[U.] V. "resident" means a person who, prior to filing an adoption petition, has lived in the state for at least six months immediately preceding filing of the petition for adoption or a person who has become domiciled in the state by establishing legal residence with the intention of maintaining the residency indefinitely; and

[V.] W. "stepparent adoption" means an adoption of the adoptee by the adoptee's stepparent when the adoptee has lived with the stepparent for at least one year following the marriage of the stepparent to the custodial parent."

Section 42. Section 32A-6-1 NMSA 1978 (being Laws 1995, Chapter 207, Section 1) is amended to read:

"32A-6-1. SHORT TITLE.--[This act] Chapter 32A, Article 6 NMSA 1978 may be cited as the "Children's Mental Health and Developmental Disabilities Act"."

Section 43. Section 32A-6-2 NMSA 1978 (being Laws 1995, Chapter 207, Section 2, as amended) is amended to read:

"32A-6-2. DEFINITIONS.--As used in the Children's Mental Health and Developmental Disabilities Act:

A. "aversive stimuli" means anything that, because it is believed to be unreasonably unpleasant, uncomfortable or distasteful to the child, is administered or done to the child for the purpose of reducing the frequency of a behavior, but does not include verbal therapies, physical restrictions to prevent imminent harm to self or others or psychotropic medications that are not used for purposes of punishment;

B. "clinician" means a physician, licensed psychologist, licensed independent social worker or licensed professional clinical counselor;

C. "consistent with the least drastic means principle" means that the habilitation or treatment and the conditions of habilitation or treatment for the child, separately and in combination:

(1) are no more harsh, hazardous or intrusive than necessary to achieve acceptable treatment objectives for the child;

(2) involve no restrictions on physical movement and no requirement for residential care, except as reasonably necessary for the administration of treatment or for the protection of the child or others from physical injury; and

(3) are conducted at the suitable available facility closest to the child's place of residence;

D. "convulsive treatment" means any form of mental health treatment that depends upon creation of a convulsion by any means, including electroconvulsive treatment and insulin coma treatment;

E. "developmental disability" means a severe chronic disability that:

(1) is attributable to a mental or physical impairment or a combination of mental or physical impairments;

(2) is manifested before a person reaches twenty-two years of age;

(3) is expected to continue indefinitely;

(4) results in substantial functional limitations in three or more of the following areas of major life activities:

(a) self-care;

(b) receptive and expressive language;

(c) learning;

(d) mobility;

(e) self-direction;

(f) capacity for independent living; or (g) economic self-sufficiency; and

(5) reflects a person's need for a combination and sequence of special, interdisciplinary or generic treatments or other supports and services that are of lifelong or extended duration and that are individually planned or coordinated;

F. "evaluation facility" means a community mental health or developmental disability program, a medical facility having psychiatric or developmental disability services available or, if none of the foregoing is reasonably available or appropriate, the office of a licensed physician or a licensed psychologist, any of which shall be capable of performing a mental status examination adequate to determine the need for involuntary treatment;

G. "experimental treatment" means any mental health or developmental disabilities treatment that presents significant risk of physical harm, but does not include accepted treatment used in the competent practice of medicine and psychology and supported by scientifically acceptable studies;

H. "grave passive neglect" means failure to provide for basic personal or medical needs or for one's own safety to such an extent that it is more likely than not that serious bodily harm will result in the near future;

I. "habilitation" means the process by which professional persons and their staff assist the developmentally disabled child in acquiring and maintaining those skills and behaviors that enable the child to cope more effectively with the demands of his own person and of his environment and to raise the level of his physical, mental and social efficiency. "Habilitation" includes programs of formal, structured education and treatment;

J. "likelihood of serious harm to oneself" means that it is more likely than not that in the near future the child will attempt to commit suicide or will cause serious bodily harm to himself by violent or other self-destructive means, including grave passive neglect;

K. "likelihood of serious harm to others" means that it is more likely than not that in the near future the child will inflict serious, unjustified bodily harm on another person or commit a criminal sexual offense, as evidenced by behavior causing, attempting or threatening such harm, which behavior gives rise to a reasonable fear of such harm from the child;

L. "mental disorder" means a substantial disorder of the child's emotional processes, thought or cognition that grossly impairs judgment, behavior or capacity to recognize reality, but does not mean developmental disability;

M. "mental health or developmental disabilities professional" means a physician or other professional who, by training or experience, is qualified to work with individuals with mental disorders or developmental disabilities;

N. "physician" or "licensed psychologist", when used for the purpose of hospital admittance or discharge, means a physician or licensed psychologist who has been granted admitting privileges at a hospital licensed by the department of health, if such privileges are required;

O. "psychosurgery" means those operations currently referred to as lobotomy, psychiatric surgery and behavioral surgery and all other forms of brain surgery if the surgery is performed for the following purposes:

(1) modification or control of thoughts, feelings, actions or behavior rather than the treatment of a known and diagnosed physical disease of the brain;

(2) treatment of abnormal brain function or normal brain tissue in order to control thoughts, feelings, actions or behavior; or

(3) treatment of abnormal brain function or abnormal brain tissue in order to modify thoughts, feelings, actions or behavior when the abnormality is not an established cause for those thoughts, feelings, actions or behavior.

"Psychosurgery" does not include prefrontal sonic treatment in which there is no destruction of brain tissue;

P. "residential treatment or habilitation program" means diagnosis, evaluation, care, treatment or habilitation rendered inside or on the premises of a mental health or developmental disabilities facility, hospital, clinic, institution, supervisory residence or nursing home when the individual resides on the premises and where one or more of the following measures is available for use:

(1) a mechanical device to restrain or restrict the child's movement;

(2) a secure seclusion area from which the child is unable to exit voluntarily;

(3) a facility or program designed for the purpose of restricting the child's ability to exit voluntarily; or

(4) the involuntary emergency administration of psychotropic medication; [and]

Q. "treatment" means any effort to accomplish a significant change in the mental or emotional condition or behavior of the child; and

R. "department" means the children, youth and families department."

Section 44. Section 32A-7-1 NMSA 1978 (being Laws 1993, Chapter 77, Section 194) is amended to read:

"32A-7-1. SHORT TITLE.--Chapter [32] 32A, Article 7 NMSA 1978 may be cited as the "Juvenile Parole Board Act"."

Section 45. Section 32A-7-2 NMSA 1978 (being Laws 1993, Chapter 77, Section 195) is amended to read:

"32A-7-2. JUVENILE PAROLE BOARD--TERMS--DIRECTOR.--

A. The "juvenile parole board" is created, consisting of three members appointed by the governor. The juvenile parole board is administratively attached to the juvenile justice department. The terms of members of the board shall be six years.

B. A director will be appointed by the governor as the administrative officer of the juvenile parole board. The director shall employ other staff as is necessary to carry out the duties of the board. Employees shall be employed in classified positions and shall be subject to the provisions of the Personnel Act."

Section 46. Section 32A-8-1 NMSA 1978 (being Laws 1993, Chapter 77, Section 203) is amended to read:

"32A-8-1. SHORT TITLE.--Chapter [32] 32A, Article 8 NMSA 1978 may be cited as the "Citizen Substitute Care Review Act"."

Section 47. Section 32A-8-2 NMSA 1978 (being Laws 1993, Chapter 77, Section 204) is amended to read:

"32A-8-2. PURPOSE OF ACT.--The purpose of the Citizen Substitute Care Review Act is to provide a permanent system for independent and objective monitoring of children placed in the custody of the children, youth and families department."

Section 48. Section 32A-8-4 NMSA 1978 (being Laws 1993, Chapter 77, Section 206) is amended to read:

"32A-8-4. STATE ADVISORY COMMITTEE--MEMBERS--COMPENSATION--RESPONSIBILITIES.--

A. A state advisory committee shall be composed of three persons with expertise in the area of substitute care, appointed by the secretary of finance and administration, and [also] one representative of each local substitute care review board. Each local board shall select its representative to the state advisory committee in accordance with procedures established by that committee. No person employed by the department of finance and administration, children, youth and families department or a district court may serve on the state advisory committee.

B. Terms of office of local substitute care review board members of the state advisory committee shall be coterminous with their terms as members of the local boards. Terms of office of members who are appointed by the secretary of finance and administration shall be for three years; provided, however, that appointment of the first state advisory committee members shall be to staggered terms so that one member shall serve for a term of three years, one member shall serve for a term of two years and one member shall serve for a term of one year. The term of each member shall expire on June 30 of the appropriate year. In the event that a vacancy occurs among the members of the state advisory committee appointed by the secretary of finance and administration, the secretary shall appoint another person to serve the unexpired portion of the term.

C. The state advisory committee shall select a chairperson, a vice chairperson, an executive committee and other officers as it deems necessary.

D. The state advisory committee shall meet no less than twice annually and more frequently upon the call of the chairperson or as the executive committee may determine. The state advisory committee [is authorized to] may adopt reasonable rules relating to the functions and procedures of the local substitute care review boards and the state advisory committee in accordance with the duties of the boards as provided in the Citizen Substitute Care Review Act. These rules shall include guidelines for the determination of the appropriate type of review and the information needed for all cases to be monitored by the local substitute care review boards. The state advisory committee shall review and coordinate the activities of the local substitute care review boards and make recommendations to the children, youth and families department, the courts and the legislature, on or before January 1 of each year, regarding statutes, policies and procedures relating to substitute care.

E. State advisory committee members shall receive per diem and mileage as provided for nonsalaried public officers in the Per Diem and Mileage Act and shall receive no other compensation, perquisite or allowance."

Section 49. Section 32A-8-5 NMSA 1978 (being Laws 1993, Chapter 77, Section 207) is amended to read:

"32A-8-5. LOCAL BOARDS--APPOINTMENTS--EXCLUSION--TERMS--TRAINING--COMPENSATION--MEETINGS.--

A. The contractor, selected by the department of finance and administration pursuant to the provisions of Section [32-8-3] 32A-8-3 NMSA 1978, shall establish and maintain local substitute care review boards to review, as provided in the Citizen Substitute Care Review Act, the disposition of children in the custody of the children, youth and families department prior to judicial review. Each board shall, to the maximum extent feasible, represent the various socioeconomic, racial and ethnic groups of the community that they serve.

B. Criteria for membership and tenure on local substitute care review boards shall be determined by the state advisory committee, after consultation with the department of finance and administration and the contractor. No person employed by the department of finance and administration, the children, youth and families department or a district court may serve on a local substitute care review board.

C. Each local substitute care review board shall elect a chairperson, a vice chairperson and other officers as it deems necessary.

D. Local substitute care review board members may receive per diem and mileage as provided for nonsalaried public officers in the Per Diem and Mileage Act and shall receive no other compensation, perquisite or allowance."

Section 50. Section 32A-8-6 NMSA 1978 (being Laws 1993, Chapter 77, Section 208) is amended to read:

"32A-8-6. CITIZEN REVIEW BOARD REVIEWS OF DISPOSITIONAL JUDGMENTS.--

A. Prior to any judicial review by the court pursuant to Section [32-4-23] 32A-4-23 NMSA 1978, the local substitute care review board shall review any dispositional order or the continuation of the order and the children, youth and families department's progress report on the child and submit a report to the court. The parties in the children's court proceedings shall be given prior notice of the review board meeting and be afforded the opportunity to participate fully in the meeting.

B. The report of the local substitute care review board submitted to the court pursuant to this section shall become a part of the child's permanent court record."

Section 51. Section 32A-9-1 NMSA 1978 (being Laws 1978, Chapter 108, Section 1) is amended to read:

"32A-9-1. SHORT TITLE.--[Sections 1 through 7 of this act] Chapter 32A, Article 9 NMSA 1978 may be cited as the "Children's Shelter Care Act"."

Section 52. Section 32A-10-4 NMSA 1978 (being Laws 1973, Chapter 238, Section 4, as amended) is amended to read:

"32A-10-4. COMPACT ADMINISTRATOR.--The secretary of [children, youth and families] juvenile justice is the compact administrator of the Interstate Compact on Juveniles and, acting jointly with like officers of other party states, shall promulgate rules and regulations to carry out more effectively the terms of the compact. The compact administrator may cooperate with all departments and agencies of this state and its political subdivisions in facilitating the proper administration of the compact and any amendments or supplementary agreements [thereunder] to the compact entered into by this state."

Section 53. Section 32A-10-6 NMSA 1978 (being Laws 1973, Chapter 238, Section 6, as amended) is amended to read:

"32A-10-6. FINANCIAL ARRANGEMENTS.--Subject to legislative appropriations, the compact administrator of the Interstate Compact on Juveniles shall arrange for any payments necessary to discharge any financial obligations imposed upon this state by the compact or any supplementary agreement [entered into thereunder. The children, youth and families] to the compact. The juvenile justice department shall supervise out-of-state probationers and parolees residing in New Mexico under the provisions of Article 7 of the compact."

Section 54. Section 32A-11-3 NMSA 1978 (being Laws 1977, Chapter 151, Section 3) is amended to read:

"32A-11-3. NOTICES--[HEALTH AND SOCIAL SERVICES] CHILDREN, YOUTH AND FAMILIES DEPARTMENT.--The "appropriate public authorities" as used in Article 3 of the Interstate Compact on the Placement of Children shall, with reference to New Mexico, mean the [health and social services] children, youth and families department, and [said] that department shall receive and act with reference to notices required by [said] Article 3."

Section 55. Section 32A-11-4 NMSA 1978 (being Laws 1977, Chapter 151, Section 4) is amended to read:

"32A-11-4. "APPROPRIATE AUTHORITY"--[HEALTH AND SOCIAL SERVICES] CHILDREN, YOUTH AND FAMILIES DEPARTMENT.--As used in Paragraph A of Article 5 of the Interstate Compact on the Placement of Children, the phrase "appropriate authority in the receiving state" with reference to New Mexico, shall mean the [health and social services] children, youth and families department."

Section 56. Section 32A-13-2 NMSA 1978 (being Laws 1979, Chapter 300, Section 2, as amended) is amended to read:

"32A-13-2. JUVENILE FORENSIC EVALUATION PROGRAM.--

A. There is created within the [children, youth and families] juvenile justice department the "juvenile forensic evaluation program". The program shall be staffed by juvenile forensic evaluation teams and shall provide evaluation of children alleged or found to be in need of supervision and alleged delinquents upon request of the court, law enforcement agencies and juvenile probation officers.

B. The juvenile forensic evaluation teams shall recommend referral of children alleged or found to be in need of supervision or alleged delinquents to the [children, youth and families] juvenile justice department or department of health [or human services department] or recommend any other appropriate legal disposition based on the diagnostic evaluation. Juvenile forensic evaluation teams shall follow the juvenile in each stage of treatment, [utilizing] using a data management system established by the [children, youth and families] juvenile justice department, and shall provide information upon request to state agencies, pursuant to applicable confidentiality provisions pertaining to children."

Section 57. Section 32A-14-1 NMSA 1978 (being Laws 1987, Chapter 25, Section 1) is amended to read:

"32A-14-1. SHORT TITLE.--[Sections 1 through 4 of this act] Chapter 32A, Article 14 NMSA 1978 may be cited as the "Missing Child Reporting Act"."

Section 58. Section 32A-15-1 NMSA 1978 (being Laws 1985, Chapter 103, Section 1 and also Laws 1985, Chapter 140, Section 1) is amended to read:

"32A-15-1. SHORT TITLE.--[This act] Chapter 32A, Article 15 NMSA 1978 may be cited as the "New Mexico Children's and Juvenile Facility Criminal Records Screening Act"."

Section 59. Section 32A-15-3 NMSA 1978 (being Laws 1985, Chapter 103, Section 3 and also Laws 1985, Chapter 140, Section 3, as amended) is amended to read:

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

A. Nationwide criminal record checks shall be conducted of all operators, staff and employees and prospective operators, staff and employees of child care facilities, including every facility or program having primary custody of children for twenty hours or more per week, juvenile detention, correction or treatment facilities, with the objective of protecting the children involved and promoting the children's safety and welfare while receiving service through such facilities or [program] programs.

B. The juvenile justice department, the children, youth and families department and the department of health shall conduct a background check of all operators, staff and employees and prospective operators, staff and employees of child care facilities under their purview by submitting a fingerprint card for those [individuals] persons to the department of public safety and the federal bureau of investigation."

Section 60. Section 32A-15-4 NMSA 1978 (being Laws 1985, Chapter 103, Section 3 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 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 for child care facilities [and];

B. by the secretary of juvenile justice for juvenile detention and correction facilities; and

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

Section 61. Section 32A-17-1 NMSA 1978 (being Laws 1993, Chapter 77, Section 218) is amended to read:

"32A-17-1. SHORT TITLE.--Chapter [32] 32A, Article 17 NMSA 1978 may be cited as the "Family Preservation Act"."

Section 62. Section 32A-17-2 NMSA 1978 (being Laws 1993, Chapter 77, Section 219) is amended to read:

"32A-17-2. DEFINITIONS.--As used in the Family Preservation Act:

A. "department" means the children, youth and families department; and

B. "family preservation services" means short-term, intensive services, provided to a family whose child may reasonably be expected to face out-of-home placement, that are designed to teach a family new skills to help the family remain intact and able to care for the child at home."

Section 63. Section 32A-18-2 NMSA 1978 (being Laws 1993, Chapter 77, Section 225) is amended to read:

"32A-18-2. COORDINATION OF TRAINING.--The children, youth and families department shall coordinate the training required pursuant to the provisions of Section [32-18-1] 32A-18-1 NMSA 1978."

Section 64. Section 32A-19-1 NMSA 1978 (being Laws 1993, Chapter 77, Section 228, as amended) is amended to read:

"32A-19-1. QUALITY ASSURANCE OFFICE.--

A. The [department] children, youth and families and juvenile justice departments shall maintain a quality assurance office under the [office] offices of the [secretary] secretaries.

B. The purpose of the quality assurance office [shall be] is to facilitate department efforts to efficiently implement the purposes of the Children's Code.

C. 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 office 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] each department's performance to determine whether the department is:

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

(b) providing services in a timely manner; and

(c) in compliance with applicable state and federal laws and regulations;

(4) identify any deficiencies and recommend corrective action to the secretary of the department;

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

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

D. The quality assurance office shall contribute to and facilitate the publication of public reports assessing the performance of the department. The reports shall not disclose the identity of any [individual] person mentioned in the report, including children or families that receive or are eligible for services or any department employee."

Section 65. Section 32A-21-1 NMSA 1978 (being Laws 1995, Chapter 206, Section 47) is amended to read:

"32A-21-1. SHORT TITLE.--[Sections 47 through 53 of this act] Chapter 32A, Article 21 NMSA 1978 may be cited as the "Emancipation of Minors Act"."

Section 66. Section 33-9A-2 NMSA 1978 (being Laws 1988, Chapter 101, Section 40, as amended) is amended to read:

"33-9A-2. DEFINITIONS.--As used in the Juvenile Community Corrections Act:

A. "delinquent" means a child adjudicated delinquent pursuant to the Children's Code;

B. "department" means the [children, youth and families] juvenile justice department;

C. "fund" means the juvenile community corrections grant fund;

D. "secretary" means the secretary of [children, youth and families] juvenile justice; and

E. "volunteer services" means services provided by [individuals or organizations] persons without compensation."

Section 67. Section 33-12-1 NMSA 1978 (being Laws 1994, Chapter 16, Section 1) is amended to read:

"33-12-1. SHORT TITLE.--[This act] Chapter 33, Article 12 NMSA 1978 may be cited as the "Regional Juvenile Services Act"."

Section 68. Section 33-12-2 NMSA 1978 (being Laws 1994, Chapter 16, Section 2) is amended to read:

"33-12-2. PURPOSE.--The purpose of the Regional Juvenile Services Act is to:

A. establish a regional system of juvenile services, including secure detention facilities for juveniles and nonsecure alternatives to detention;

B. provide cost-effective care, through a continuum of services, to juveniles referred to the juvenile [probation and parole offices] justice department; and

C. encourage the state, counties and municipalities to act in a cooperative fashion to provide juvenile services."

Section 69. Section 33-12-4 NMSA 1978 (being Laws 1994, Chapter 16, Section 4) is amended to read:

"33-12-4. ADMINISTRATION OF REGIONAL JUVENILE SERVICES GRANT FUND--[REGULATIONS] RULES--DISBURSEMENTS FROM FUND.--

A. The [children, youth and families] juvenile justice department shall administer the regional juvenile services grant fund and make grants pursuant to the provisions of the Regional Juvenile Services Act.

B. The juvenile justice advisory committee of the [children, youth and families] juvenile justice department shall review and approve all grant applications submitted pursuant to the provisions of the Regional Juvenile Services Act. The department of finance and administration, in conjunction with the [children, youth and families] juvenile justice department, shall stipulate the format and absolute deadlines for grant applications and the manner in which expenditures shall be reported.

C. After proper notice and public hearings, the [children, youth and families] juvenile justice department shall adopt [regulations] rules regarding qualifications for grants from the regional juvenile services grant fund.

D. Disbursements from the regional juvenile services grant fund shall be made upon warrants drawn by the secretary of finance and administration pursuant to vouchers signed by the secretary of [children, youth and families] juvenile justice."

Section 70. Section 33-12-6 NMSA 1978 (being Laws 1994, Chapter 16, Section 6) is amended to read:

"33-12-6. CRITERIA FOR APPROVAL OF APPLICATIONS.--

A. Upon receipt of an application for a grant from the regional juvenile services grant fund for a nonsecure alternative program or service, the [children, youth and families] juvenile justice department shall certify that the alternative program will serve juveniles who would otherwise have been placed in secure detention.

B. Upon receipt of an application for planning, assessment and design of a regional system of juvenile services, the [children, youth and families] juvenile justice department shall certify that the application is for a project that will serve multiple contiguous counties, municipalities, Indian tribes or pueblos.

C. Upon receipt of an application to develop a multipurpose regional facility from the regional juvenile services grant fund, the [children, youth and families] juvenile justice department shall certify that the proposed development of a multipurpose regional facility set forth in the application conforms to standards for detention facilities set forth in the Children's Code and administrative [regulations] rules promulgated by the [children, youth and families] juvenile justice department. For those applicants for a multipurpose regional facility, priority shall be given to an applicant whose plan includes:

(1) provisions for a regional system of juvenile services within an area composed of multiple contiguous counties, municipalities, Indian tribes or pueblos;

(2) an executed agreement between all judicial districts within the area pledging the respective districts' intent to use the proposed multipurpose regional facility for the detention of juveniles; and

(3) joint powers agreements between all units of local and tribal government within the area."

Section 71. TEMPORARY PROVISION--TRANSFER OF PERSONNEL, APPROPRIATIONS, MONEY, PROPERTY, CONTRACTUAL OBLIGATIONS AND STATUTORY REFERENCES.--

A. On the effective date of this act, personnel, appropriations, money, records, furniture, equipment, supplies and other property belonging to the juvenile justice division or pertaining to juvenile detention and corrections functions of the children, youth and families department shall be transferred to the juvenile justice department.

B. On the effective date of this act, contractual obligations of the juvenile justice division or other juvenile detention and corrections functions of the children, youth and families department shall be binding on the juvenile justice department.

C. References in the law to the juvenile justice division of the children, youth and families department or to juvenile detention and corrections functions of the children, youth and families department shall be deemed to be references to the juvenile justice department.

Section 72. APPROPRIATION.--Seven hundred fifty thousand dollars ($750,000) is appropriated from the general fund to the juvenile justice department for expenditure in fiscal years 2002 and 2003 to carry out the purposes of the Juvenile Justice Department Act. Any unexpended or unencumbered balance remaining at the end of fiscal year 2003 shall revert to the general fund.

Section 73. REPEAL.--Sections 9-2A-5 and 9-2A-14 through 9-2A-18 NMSA 1978 (being Laws 1992, Chapter 57, Sections 5 and 14 through 16, Laws 1993, Chapter 120, Section 1 and Laws 1997, Chapter 110, Section 1) are repealed.

Section 74. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2002.