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

SPONSOR Bandy

ORIGINAL DATE

LAST UPDATED

1/25/2007

HB 32

SHORT TITLE Delinquency Petition Notices to Schools

SB

ANALYST McOlash

APPROPRIATION (dollars in thousands)

Appropriation

Recurring

or Non-Rec

Fund

Affected

FY07

FY08

$0.0

(Parenthesis ( ) Indicate Expenditure Decreases)

Related to SB 68.

Duplicates Appropriation in the General Appropriation Act

Relates to Appropriation in the General Appropriation Act

SOURCES OF INFORMATION

LFC Files

Responses Received From

Public Education Department (PED)

Public Defenders Department (PDD)

Children, Youth and Families Department (CYFD)

SUMMARY

Synopsis of Bill

House Bill 32 enacts a new section of the Delinquency Act requiring the Children Youth and

Families Department (CYFD) to immediately notify the superintendent of the school district

where a child resides and the principal of any private school in which a child is enrolled of the

filing of a petition of delinquency if that petition involves one of 15 enumerated serious offenses.

The notification becomes part of the child’s permanent record, only “purged" when child obtains

a high school diploma or a general educational development certificate. All reference to the pe-

tition would be confidential and only disclosed to “authorized employees and agents of the

school district or private school." CYFD and PED would be responsible for promulgating rules

to make this happen.

House Bill 32 – Page

2

SIGNIFICANT ISSUES

CYFD Analysis

This bill, as drafted, conflicts with current statutes that require the Children,

Youth and Families Department (CYFD) to maintain the confidentiality of social

records of children with limited exceptions. The exception that allows this infor-

mation to be conveyed to school personnel is found at 32A-2-32(B)(13), and al-

lows disclosure, “if records concern the child’s educational needs as necessary for

the child’s educational planning and shall include only that information necessary

to provide for the child’s educational needs;" Under this bill, a school would re-

ceive notice that a petition alleging the commission of certain enumerated, albeit

serious, offenses has been filed concerning a child, when guilt (judgment and dis-

position) regarding those offenses has not been determined. It is unclear what ob-

ligation a school is under when it receives this “notice". In addition, the school is

required to maintain this “notice" in the child’s school records until the child re-

ceives a high school diploma or a GED. The bill does not address the disposition

of this “notice" if a child does not receive a diploma or GED. Under current law

the legislature recognizes that the legal and social files of juveniles should be

sealed (1) if the child is determined not to be a delinquent by the court; and (2) if

two years have elapsed since a person was released from the custody or supervi-

sion of CYFD and there have been no new allegations of delinquency for the two

year period. Section 32(A)-2-26(G) & (H). Under this bill, a child who is exon-

erated of charges may still have this “notice" in his or her educational files al-

though proceedings in the court are to be treated as if they never occurred once

the records are sealed. Section 32A-2-26(C) NMSA 1978.

ADMINISTRATIVE IMPLICATIONS

If passed this bill will have an indeterminate administrative impact on the Children, Youth and

Families Department, Public Education Department, and school districts.

CONFLICT, DUPLICATION, COMPANIONSHIP, RELATIONSHIP

HB 32 (Delinquency Petition Notices to Schools) Senate Bill 68 (School District Delinquency

Petition Notices are nearly identical, except for titles.

BM/nt