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

SPONSOR Campos

DATE TYPED 3/9/2005 HB

SHORT TITLE Child Care Provider and Abuse Tracking System

SB SJM93

ANALYST Dunbar

APPROPRIATION

Appropriation Contained Estimated Additional Impact Recurring

or Non-Rec

Fund

Affected

FY05

FY06

FY05

FY06

Minimal

(Parenthesis ( ) Indicate Expenditure Decreases)

Relates to HJM92

SOURCES OF INFORMATION

LFC Files

Responses Received From

Children Youth and Families Department (CYFD)

Department of Public Safety (DPS)

Administrative Office of the Courts (AOC)

NM Public Education Department (PED)

NM Department of Corrections (NMDOC)

SUMMARY

Synopsis of Bill

Senate Joint Memorial 93 requests that the appropriate legislative interim committee study and

make recommendations on the following:

•

The potential effectiveness of laws requiring background checks and registration of child

care providers;

•

Implementing a system for registering, tracking and managing convicted child abusers.

SJM 93 seeks cooperation from the Administrative Office of the Courts, the Children Youth and

Families Department, the Corrections Department and the Department of Public Safety to iden-

tify ways, within their respective areas of responsibility, to address the issues involved with child

abuse by child care providers.

Copies of the memorial are to be transmitted to all of the cooperating state agencies identified

and to the legislative council service.

Senate Joint Memorial Bill 93 -- Page 2

The joint memorial relies upon the injury in October 2002, of three-year-old Mario Archuleta

who suffered severe burns to his hands by a daytime childcare provider.

Significant Issues

The proposed study and recommendations would most likely require input from the courts, and

the Court Improvement Project could be called upon to assist with coordinating this endeavor.

The Court Improvement Project (CIP), within the Administrative Office of the Courts, is a com-

prehensive effort to assess and improve judicial proceedings related to child abuse and neglect,

foster care, and adoption.

Society has a recognized interest in protecting the safety and well-being of its children. As such,

agencies are encouraged to cooperate with each other when it serves the public good.

The joint memorial uses the term “child care providers” without explaining its meaning. That

term is not used in current state law although the term “child-care facility” is. In fact, “child-care

facilities” are licensed by state agencies. By not defining “child care providers,” this could be

interpreted to include a traditional babysitter, which might not be considered a target of this joint

memorial. On the other end, it may be prudent that anyone who has been convicted of child

abuse be required to register so that parents can determine if their potential babysitter is on the

registration list.

PERFORMANCE IMPLICATIONS

The Department of Public Safety would cooperate and coordinate with the courts, Department of

Corrections and the Children, Youth and Family Department in exploring the possibility of a sys-

tem of registration for child care providers as well as a registry and tracking service for those

providers convicted of child abuse.

This bill relates to CYFD’s performance measures focusing on quality child care by ensuring that

child care providers are subject to appropriate background checks.

ADMINISTRATIVE IMPLICATIONS

To avoid duplication and conflicts in law and/or policy in implementing such registries, each af-

filiated agency would need to look at the possible future responsibilities it would incur as well as

what each agency currently does in terms of regulating child care providers, identifying con-

victed offenders and criminal conviction(s) records keeping.

There will be an administrative impact on the courts associated with time spent by staff on the

study.

CYFD would complete the work described in the memorial with existing staff resources.

TECHNICAL ISSUES

The sponsor may wish to define or describe what is meant by “child care providers.” (see para-

graph 1 (b))

WD/sb