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

SPONSOR Rawson

DATE TYPED 3/3/2005 HB

SHORT TITLE Child Proctective Service Complaint Notices

SB 1021

ANALYST Dunbar

APPROPRIATION

Appropriation Contained Estimated Additional Impact Recurring

or Non-Rec

Fund

Affected

FY05

FY06

FY05

FY06

Minimal

(Parenthesis ( ) Indicate Expenditure Decreases)

SOURCES OF INFORMATION

LFC Files

Responses Received From

Children Youth and Families Department (CYFD)

Health Policy Commission (HPC)

Attorney General (AG)

Administrative Office of the Courts (AOC)

SUMMARY

Synopsis of Bill

Senate Bill 1021 amends Section 9-2A-8 NMSA 1978 (Department Additional Duties) with new

language requiring the inclusion of “training for protective services division employees involved

in a preliminary investigation pursuant to Section 32A-4-4 NMSA 1978” (Complaints; Referral:

Preliminary inquiry Section of the Child Abuse and Neglect Act). The bill also amends Section

32A-4-4 NMSA 1978” (Complaints; Referral: Preliminary inquiry Section of the Child Abuse

and Neglect Act) requiring child protective services investigators to advise alleged perpetrators

of basic rights “and any specific allegations that gave rise to the investigation”.

Significant Issues

CYFD reports that the training requirement described in this bill is already being provided.

CYFD provides protective services employees involved in preliminary investigations with exten-

sive training regarding disposition, placement under the Children’s Code and parents’ rights.

Senate Bill 1021 Page 2

The following comments were provided by the AG:

•

Due process requires fundamental fairness. In protective service proceedings, the court

will consider a parent’s significant interest affected by the proceeding, the value of addi-

tional safeguards and the risk of an erroneous deprivation unless alternative arrangements

are made, and the state’s vital interest in protecting the welfare of children. State ex rel.

Children Youth and Families Dept. v. Christopher L., 2003- NMCA-068, 133 N.M. 653,

68 P.3d 199 ( N.M. App. 2003).

•

When a child has been taken away from the parents and into the State’s custody, both

children, youth and families department and the court have a constitutional duty to ensure

that a parent’s due process rights are protected at each stage of the proceedings that lead

up to and include termination of those rights. State ex rel. Children, Youth and Families

Dept. v. Maria C., 2004-NMCA-083, 136 N.M. 53, 94 P.3d 796, (N.M. App. 2004).

•

These amendments that direct CYFD to develop rules to train employees on the correct

procedure for engaging in a preliminary child abuse investigation, and to have these em-

ployees give the parents the specific reason for the investigation are supported by current

NM caselaw on the constitutional due process to which parents are entitled.

•

Parent’s fundamental constitutional rights to privacy are affected in child protective

service investigations. The state has both the right and the obligation to protect children,

and must investigate complaints of child abuse. The rights of the state, the child and the

parents must be balanced, however. To give parents the specific reason for the

investigation should not unduly burden the Department, and may be seen by the court as

an additional safeguard in what may develop into the loss of parental rights.

PERFORMANCE IMPLICATIONS

CYFD is subject to regular compliance monitoring for the training required in this bill as federal

requirements under Child Abuse Prevention and Treatment Act and Adoptions and Safe Families

Act.

CONFLICT, DUPLICATION, COMPANIONSHIP, RELATIONSHIP

A Senate Floor Amendment to Senate Bill 233, Children’s Code Revisions, included language

that is being suggested in this bill.

OTHER SUBSTANTIVE ISSUES

Per the Children, Youth and Families Department Annual Report, Child Protective Services re-

ceived 29,443 reports of Child Abuse/Neglect in FY04, up significantly from 26,087 reports in

FY03. The number of investigations conducted by Child Protective Services was 15,937 in FY04

and 15,626 in FY03. The FY05 budget for Protective Services was reported as $99,342,600.

HPC says that additional training for Child Protective Services employees involved in investiga-

tion of complaints of child neglect or abuse, will help them to be better prepared in their jobs. .

HPC states that notification to the involved parties, at the beginning of an investigation, of the

specific allegations that initiated the investigation would appear to be an appropriate action, and

may serve to lessen the stress of an intense situation.

BD/lg