SENATE BILL 574

50th legislature - STATE OF NEW MEXICO - first session, 2011

INTRODUCED BY

Nancy Rodriguez

AN ACT

RELATING TO THE CHILDREN, YOUTH AND FAMILIES DEPARTMENT; REQUIRING ALL EMPLOYEES, STAFF MEMBERS AND VOLUNTEERS AT THE CHILDREN, YOUTH AND FAMILIES DEPARTMENT, INCLUDING PROSPECTIVE EMPLOYEES, WHO HAVE DIRECT UNSUPERVISED CONTACT WITH DEPARTMENT CLIENTS AND THEIR SUPERIORS TO BE OF GOOD MORAL CHARACTER; PROHIBITING ALL PERSONS WHO HAVE BEEN CONVICTED OF A FELONY OFFENSE FROM BEING EMPLOYEES, STAFF MEMBERS OR VOLUNTEERS AT THE CHILDREN, YOUTH AND FAMILIES DEPARTMENT WHO HAVE DIRECT UNSUPERVISED CONTACT WITH DEPARTMENT CLIENTS AND THEIR SUPERIORS.

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

     SECTION 1. A new section of the Children, Youth and Families Department Act is enacted to read:

     "[NEW MATERIAL] MORAL CHARACTER REQUIREMENT--PROHIBITION ON CONVICTED FELONS.--

          A. All employees, staff members and volunteers at the department, including prospective employees, who have direct unsupervised contact with department clients and the superiors of all employees, staff members and volunteers at the department who have direct unsupervised contact with department clients, shall be of good moral character.

          B. No employee, staff member or volunteer at the department who has direct unsupervised contact with department clients or the superiors of an employee, staff member or volunteer at the department who has direct unsupervised contact with department clients shall have been convicted of a felony offense by a court of this state, any other state or the United States."

     SECTION 2. 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 department services and resources based on state policy and national best-practice standards and local considerations and priorities;

          B. strengthen collaboration and coordination in state and local services for children, youth and families by integrating critical functions as appropriate, including service delivery, and contracting for services across divisions and related agencies;

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

          D. develop standards of service within the department that focus on prevention, monitoring and outcomes;

          E. analyze policies of other departments that affect children, youth and families to encourage common contracting procedures, common service definitions and a uniform system of access;

          F. enact regulations to control disposition and placement of children under the Children's Code, including regulations to limit or prohibit the out-of-state placement of children, including those who have developmental disabilities or emotional, neurobiological or behavioral disorders, when in-state alternatives are available;

          G. develop reimbursement criteria for licensed child care centers and licensed home providers 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;

          H. assume and implement responsibility for children's mental health and substance abuse services in the state, coordinating with the human services department and the department of health;

          I. assume and implement the lead responsibility among all departments for domestic violence services;

          J. implement prevention and early intervention as a departmental focus;

          K. conduct biennial assessments of service gaps and needs and establish outcome measurements to address those service gaps and needs, including recommendations from the governor's children's cabinet and the children, youth and families advisory committee;

          L. ensure that behavioral health services provided, including mental health and substance abuse services for children, adolescents and their families, shall be in compliance with requirements of Section 9-7-6.4 NMSA 1978; and

          M. fingerprint and conduct nationwide criminal history record searches on all department employees, staff members and volunteers whose jobs involve direct contact with department clients, including prospective employees and employees who are promoted, transferred or hired into new positions, and the superiors of all department employees, staff members and volunteers who have direct unsupervised contact with department clients."

- 4 -