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

SPONSOR HCPAC

DATE TYPED 2/23/2005 HB 223/HCPACS

SHORT TITLE Cultural Needs for Indian Child Placement

SB

ANALYST Dunbar

APPROPRIATION

Appropriation Contained Estimated Additional Impact Recurring

or Non-Rec

Fund

Affected

FY05

FY06

FY05

FY06

NFI

(Parenthesis ( ) Indicate Expenditure Decreases)

Duplicates SB 214CS

SOURCES OF INFORMATION

LFC Files

Responses Received From

Children Youth and Families Department (CYFD)

Department of Indian Affairs (DIA)

SUMMARY

Synopsis of Bill

House Consumer Public Affairs Committee Substitute for House Bill 223 enacts a new section of

the Children’s Code (NMSA 32-A) to require consideration of the cultural needs of Indian chil-

dren when making an out of home placement.

The bill requires the interagency behavioral health purchasing collaborative and its contractors to

make reasonable efforts to place an Indian child removed from his or her home for medical ne-

cessity, into a licensed residential treatment center, group home or treatment foster care home

that provides culturally competent care and access to appropriate cultural practices, including

traditional treatment.

As of July 1, 2005, the Interagency Behavioral Health Purchasing Collaborative (BHPC) and its

contracted Statewide Entity will be assuming placement decisions/payment (if Medicaid eligible

and medically necessary) for those out of home behavioral health treatment placements. There-

House Bill 223/HCPACS -- Page 2

fore, the BHPC was included into the Bill to specify the entity responsible for those placements

for children. Also, the change was to specify coverage for only those placements that are behav-

ioral health in nature and not out of home placements for other reasons.

Significant Issues

The bill requires CYFD to consult with the child’s tribe to identify culturally appropriate prac-

tices and traditional treatment.

DIA notes the removal and placement of an Indian child into a non-Indian and culturally inap-

propriate environment threatens the survival of tribal communities at their core. The placement

of an Indian child must consider the unique perspective and worldview that the child has learned

from his or her tribal community. The child’s tribal community should be consulted and allowed

to actively participate in determining the best placement for the Indian child, especially if the

child is being placed in a facility for medical reasons.

Additionally DIA states that HB223 would help promote the spiritual, emotional, mental and

physical well-being of NM Indian families and require placement to be consistent with Indian

culture and values. With such a provision in place, the traditional cultural strengths and spiritual

foundations will greatly contribute to revitalizing and preserving functional Indian families and

communities, thus preventing or remedying the potential social problems inherent in placing In-

dian children in culturally inappropriate environments.

ADMINISTRATIVE IMPLICATIONS

Additional supervision of placement decisions will be required to asssure that the child’s Indian

cultural needs are addressed.

DUPLICATION

Duplicates SB214CS.

OTHER SUBSTANTIVE ISSUES

The bill requires the coordination of culturally competent care and access to appropriate cultural

practices, including traditional treatment, as determined in consultation with the child’s tribe in

cases where the out of home placement is medically necessary. The bill does not define what is

meant by medically necessary, or what is meant by culturally competent care and access.

BD/lg:yr