SENATE BILL 252

51st legislature - STATE OF NEW MEXICO - first session, 2013

INTRODUCED BY

Phil A. Griego

AN ACT

RELATING TO THE CHILDREN'S CODE; AMENDING THE ABUSE AND NEGLECT ACT AND RELATED PROVISIONS; CHANGING DEFINITIONS IN THE CHILDREN'S CODE; CHANGING DEFINITIONS IN THE ABUSE AND NEGLECT ACT; CHANGING REQUIREMENTS FOR REPORTS OF ABUSE AND NEGLECT; AMENDING CONDITIONS SURROUNDING CUSTODY; ALLOWING ALTERNATIVE SANCTIONS IF AN ADJUDICATORY HEARING ON NEGLECT AND ABUSE PROCEEDINGS IS NOT COMMENCED TIMELY; AMENDING THE CONDUCT OF ABUSE AND NEGLECT HEARINGS; AMENDING THE CONTENT OF NEGLECT OR ABUSE PREDISPOSITION STUDIES, REPORTS AND EXAMINATIONS; AMENDING THE REQUIREMENTS FOR DISPOSITION IN A PROCEEDING FOR AN UNDOCUMENTED IMMIGRANT CHILD; AMENDING THE CONDUCT OF PERMANENCY AND DISCHARGE HEARINGS; CHANGING TERMINATION PROCEDURES; CHANGING CONFIDENTIALITY PROVISIONS; CHANGING TERMINOLOGY; AMENDING AND REPEALING SECTIONS OF THE NMSA 1978.

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

     SECTION 1. Section 32A-1-3 NMSA 1978 (being Laws 1993, Chapter 77, Section 12, as amended) is amended to read:

     "32A-1-3. PURPOSE OF ACT.--The Children's Code shall be interpreted and construed to effectuate the following legislative purposes:

          A. first to provide for the care, protection and [wholesome] mental and physical development of children coming within the provisions of the Children's Code and then to preserve the unity of the family whenever possible. A child's health and safety shall be the paramount concern. Permanent separation of a child from the child's family, however, would especially be considered when the child or another child of the parent has suffered permanent or severe injury or repeated abuse. It is the intent of the legislature that, to the maximum extent possible, children in New Mexico shall be reared as members of a family unit;

          B. to provide judicial and other procedures through which the provisions of the Children's Code are executed and enforced and in which the parties are assured a fair hearing and their constitutional and other legal rights are recognized and enforced;

          C. to provide a continuum of services for children and their families, from prevention to treatment, considering whenever possible prevention, diversion and early intervention, particularly in the schools;

          D. to provide children with services that are sensitive to their cultural needs;

          E. to reduce overrepresentation of minority children and families in the juvenile justice, family services and abuse and neglect systems through early intervention, linkages to community support services and the elimination of discrimination;

          F. to provide for the cooperation and coordination of the civil and criminal systems for investigation, intervention and disposition of cases, to minimize interagency conflicts and to enhance the coordinated response of all agencies to achieve the best interests of a child victim; and

          G. to provide continuity for children and families appearing before the children's court by assuring that, whenever possible, a single judge hears all successive cases or proceedings involving a child or family."

     SECTION 2. Section 32A-1-4 NMSA 1978 (being Laws 1993, Chapter 77, Section 13, as amended) is amended to read:

     "32A-1-4. DEFINITIONS.--As used in the Children's Code:           A. "adult" means a person who is eighteen years of age or older;

          B. "child" means a person who is less than eighteen years old;

          C. "court", when used without further qualification, means the children's court division of the district court and includes the judge, special master or commissioner appointed pursuant to the provisions of the Children's Code or supreme court rule;

          D. "court-appointed special advocate" or "CASA" means a person appointed as a CASA, pursuant to the provisions of the Children's Court Rules, 10-164 NMRA, who assists the court in determining the best interests of the child by investigating the case and submitting a report to the court;

          E. "custodian" means an adult with whom the child lives who is not a parent or guardian of the child;

          F. "department" means the children, youth and families department, unless otherwise specified;

          G. "disproportionate minority contact" means the involvement of a racial or ethnic group with the criminal or juvenile justice system at a proportion either higher or lower than that group's proportion in the general population;

          H. "foster parent" means a person, including a relative of the child, licensed or certified by the department or a child placement agency to provide care for children in the custody of the department or agency;

          I. "guardian" means a person appointed as a guardian by a court or Indian tribal authority or a person authorized to care for the child by a parental power of attorney as permitted by law;

          J. "guardian ad litem" means an attorney appointed by the children's court to represent and protect the best interests of the child in a court proceeding; [provided that no party or employee or representative of a party to the proceeding shall be appointed to serve as a guardian ad litem]

          K. "Indian child" means an unmarried person who is:

                (1) less than eighteen years old;

                (2) a member of an Indian tribe or is eligible for membership in an Indian tribe; and

                (3) the biological child of a member of an Indian tribe;

          L. "Indian child's tribe" means:

                (1) the Indian tribe in which an Indian child is a member or eligible for membership; or

                (2) in the case of an Indian child who is a member or eligible for membership in more than one tribe, the Indian tribe with which the Indian child has more significant contacts;

          M. "Indian tribe" means a federally recognized Indian tribe, community or group pursuant to 25 U.S.C. Section 1903(1);

          [N. "judge", when used without further qualification, means the judge of the court;

          O.] N. "legal custody" means a legal status created by order of the court or other court of competent jurisdiction or by operation of statute that vests in a person or department [or agency] the right to determine where and with whom a child shall live; the right and duty to protect, train and discipline the child and to provide the child with food, shelter, personal care, education and ordinary and emergency medical care; the right to consent to major medical, psychiatric, psychological and surgical treatment and to the administration of legally prescribed psychotropic medications pursuant to the Children's Mental Health and Developmental Disabilities Act; and the right to consent to the child's enlistment in the armed forces of the United States;

          [P.] O. "parent" or "parents" includes a biological or adoptive parent if the biological or adoptive parent has a constitutionally protected liberty interest in the care and custody of the child;

          [Q.] P. "permanency plan" means a determination by the court that the child's interest will be served best by:

                (1) reunification;

                (2) placement for adoption after the parents' rights have been relinquished or terminated or after a motion has been filed to terminate parental rights;

                (3) placement with a person who will be the child's permanent guardian; or

                [(4) placement in the legal custody of the department with the child placed in the home of a fit and willing relative; or

                (5)] (4) placement in the legal custody of the department under a planned permanent living arrangement;

          [R.] Q. "person" means an individual or any other form of entity recognized by law;

          [S.] R. "preadoptive parent" means a person with whom a child has been placed for adoption;

          [T.] S. "protective supervision" means the right to visit the child in the home where the child is residing, inspect the home, transport the child to court-ordered diagnostic examinations and evaluations and obtain information and records concerning the child;

          [U.] T. "reunification" means either a return of the child to the parent or to the home from which the child was removed or a return to the noncustodial parent;

          [V.] U. "tribal court" means:

                (1) a court established and operated pursuant to a code or custom of an Indian tribe; or

                (2) any administrative body of an Indian tribe that is vested with judicial authority;

          [W.] V. "tribal court order" means a document issued by a tribal court that is signed by an appropriate authority, including a judge, governor or tribal council member, and that orders an action that is within the tribal court's jurisdiction; and

          [X.] W. "tribunal" means any judicial forum other than the court."

     SECTION 3. Section 32A-1-7 NMSA 1978 (being Laws 1993, Chapter 77, Section 16, as amended) is amended to read:

     "32A-1-7. GUARDIAN AD LITEM--POWERS AND DUTIES.--

          A. A guardian ad litem shall zealously represent the child's best interests in the proceeding for which the guardian ad litem has been appointed and in any subsequent appeals.

          B. Unless excused by a court, a guardian ad litem appointed to represent a child's best interests shall continue the representation in any subsequent appeals.

          C. Any party may petition the court for an order to remove a guardian ad litem on the grounds that the guardian ad litem has a conflict of interest or is unwilling or unable to zealously represent the child's best interests.

          D. After consultation with the child, a guardian ad litem shall convey the child's declared position to the court at every hearing.

          E. Unless a child's circumstances render the following duties and responsibilities unreasonable, a guardian ad litem shall:

                (1) meet with and interview the child prior to custody hearings, adjudicatory hearings, dispositional hearings, judicial reviews and any other hearings scheduled in accordance with the provisions of the Children's Code;

                (2) communicate with health care, mental health care and other professionals involved with the child's case;

                (3) review medical and psychological reports relating to the child and the respondents;

                (4) contact the child prior to any proposed change in the child's placement;

                (5) contact the child after changes in the child's placement;

                (6) attend local substitute care review board hearings concerning the child and if unable to attend the hearings, forward to the board a letter setting forth the child's status during the period since the last local substitute care review board review and include an assessment of the department's permanency and [treatment] case plans;

                (7) report to the court on the child's adjustment to placement, the department's and respondent's compliance with prior court orders and [treatment] case plans and the child's degree of participation during visitations; and

                (8) represent and protect the cultural needs of the child.

          F. A guardian ad litem may retain separate counsel to represent the child in a tort action on a contingency fee basis or any other cause of action in proceedings that are outside the jurisdiction of the children's court. When a guardian ad litem retains separate counsel to represent the child, the guardian ad litem shall provide the court with written notice within ten days of retaining the separate counsel. A guardian ad litem shall not retain or subsequently obtain any pecuniary interest in an action filed on behalf of the child outside of the jurisdiction of the children's court.

          G. In the event of a change of venue, the originating guardian ad litem shall remain on the case until a new guardian ad litem is appointed by the court in the new venue and the new guardian ad litem has communicated with and received all pertinent information from the former guardian ad litem.

          H. A guardian ad litem shall receive notices, pleadings or other documents required to be provided to or served upon a party. A guardian ad litem may file motions and other pleadings and take other actions consistent with the guardian ad litem's powers and duties.

          I. A guardian ad litem shall not serve concurrently as both the child's delinquency attorney and guardian ad litem."

     SECTION 4. Section 32A-1-15 NMSA 1978 (being Laws 1993, Chapter 77, Section 24) is amended to read:

     "32A-1-15. RELEASE [OR DELIVERY] FROM CUSTODY.--In all cases begun pursuant to the provisions of the Children's Code, when a child is taken into custody, the child shall be released to the child's parent, guardian or custodian in accordance with the conditions and time limits set forth in the Children's Court Rules [and Forms]."

     SECTION 5. Section 32A-4-2 NMSA 1978 (being Laws 1993, Chapter 77, Section 96, as amended) is amended to read:

     "32A-4-2. DEFINITIONS.--As used in the Abuse and Neglect Act:

          A. "abandonment" includes instances when the parent, without justifiable cause:

                (1) left the child without provision for the child's identification for a period of fourteen days; or

                (2) left the child with others, including the other parent or an agency, without provision for support and without communication for a period of:

                     (a) three months if the child was under six years of age at the commencement of the three-month period; or

                     (b) six months if the child was over six years of age at the commencement of the six-month period;

          B. "abused child" means a child:

                (1) who has suffered or who is at risk of suffering serious harm because of the action or inaction of the child's parent, guardian or custodian;

                (2) who has suffered physical abuse, emotional abuse or psychological abuse inflicted or caused by the child's parent, guardian or custodian;

                (3) who has suffered sexual abuse or sexual exploitation inflicted by the child's parent, guardian or custodian;

                (4) whose parent, guardian or custodian has knowingly, intentionally or negligently placed the child in a situation that may endanger the child's life or health; or

                (5) whose parent, guardian or custodian has knowingly or intentionally tortured, cruelly confined or cruelly punished the child;

          C. "aggravated circumstances" includes those circumstances in which the parent, guardian or custodian has:

                (1) attempted, conspired to cause or caused great bodily harm to the child or great bodily harm or death to the child's sibling;

                (2) attempted, conspired to cause or caused great bodily harm or death to another parent, guardian or custodian of the child;

                (3) attempted, conspired to subject or has subjected the child or another child to torture, chronic abuse or sexual abuse; [or]

                (4) been required to register with a sex offender registry under state or federal law; or

                [(4)] (5) had parental rights over a sibling of the child terminated involuntarily;

          D. "great bodily harm" means an injury to a person that creates a high probability of death, that causes serious disfigurement or that results in permanent or protracted loss or impairment of the function of a member or organ of the body;

          E. "neglected child" means a child:

                (1) who has been abandoned by the child's parent, guardian or custodian;

                (2) who is without proper parental care and control or subsistence, education, medical or other care or control necessary for the child's well-being because of the faults or habits of the child's parent, guardian or custodian or the failure or refusal of the parent, guardian or custodian, when able to do so, to provide them;

                (3) who has been physically or sexually abused, when the child's parent, guardian or custodian knew or should have known of the abuse and failed to take reasonable steps to protect the child from further harm;

                (4) whose parent, guardian or custodian is unable to discharge that person's responsibilities to and for the child because of incarceration, hospitalization or physical or mental disorder or incapacity; or

                (5) who has been placed for care or adoption in violation of the law; provided that nothing in the Children's Code shall be construed to imply that a child who is being provided with treatment by spiritual means alone through prayer, in accordance with the tenets and practices of a recognized church or religious denomination, by a duly accredited practitioner thereof is for that reason alone a neglected child within the meaning of the Children's Code; and further provided that no child shall be denied the protection afforded to all children under the Children's Code;

          F. "physical abuse" includes but is not limited to any case in which the child exhibits evidence of skin bruising, bleeding, malnutrition, failure to thrive, burns, fracture of any bone, subdural hematoma, soft tissue swelling or death and:

                (1) there is not a justifiable explanation for the condition or death;

                (2) the explanation given for the condition is at variance with the degree or nature of the condition;

                (3) the explanation given for the death is at variance with the nature of the death; or

                (4) circumstances indicate that the condition or death may not be the product of an accidental occurrence;

          G. "sexual abuse" includes but is not limited to criminal sexual contact, incest or criminal sexual penetration, as those acts are defined by state law;

          H. "sexual exploitation" includes but is not limited to:

                (1) allowing, permitting or encouraging a child to engage in prostitution;

                (2) allowing, permitting, encouraging or engaging a child in obscene or pornographic photographing; or

                (3) filming or depicting a child for obscene or pornographic commercial purposes, as those acts are defined by state law; and

          I. "transition plan" [means] is an individualized written plan for a child, based on the unique needs of the child, that outlines all appropriate services to be provided to the child to increase independent living skills. The plan shall also include responsibilities of the child, and any other party as appropriate, to enable the child to be self-sufficient upon emancipation."

     SECTION 6. Section 32A-4-3 NMSA 1978 (being Laws 1993, Chapter 77, Section 97, as amended) is amended to read:

     "32A-4-3. DUTY TO REPORT CHILD ABUSE AND CHILD

NEGLECT--RESPONSIBILITY TO INVESTIGATE CHILD ABUSE OR NEGLECT--PENALTY.--

          A. Every person, including a licensed physician; a resident or an intern examining, attending or treating a child; a law enforcement officer; a judge presiding during a proceeding; a registered nurse; a visiting nurse; a schoolteacher; a school official; a social worker acting in an official capacity; or a member of the clergy who has information that is not privileged as a matter of law, who knows or has a reasonable suspicion that a child is an abused or a neglected child shall report the matter immediately to:

                (1) a local law enforcement agency;

                (2) the department; or

                (3) a tribal law enforcement or social services agency for any Indian child residing in Indian country.

          B. A law enforcement agency receiving the report shall immediately transmit the facts of the report and the name, address and phone number of the reporter [by telephone] to the department [and shall transmit the same information in writing within forty-eight hours]. The department shall immediately transmit the facts of the report and the name, address and phone number of the reporter [by telephone] to a local law enforcement agency [and shall transmit the same information in writing within forty-eight hours]. The written report shall contain the names and addresses of the child and the child's parents, guardian or custodian, the child's age, the nature and extent of the child's injuries, including any evidence of previous injuries, and other information that the maker of the report believes might be helpful in establishing the cause of the injuries and the identity of the person responsible for the injuries. [The written report shall be submitted upon a standardized form agreed to by the law enforcement agency and the department.]

          C. The recipient of a report under Subsection A of this section shall take immediate steps to ensure prompt investigation of the report. The investigation shall ensure that immediate steps are taken to protect the health or welfare of the alleged abused or neglected child, as well as that of any other child under the same care who may be in danger of abuse or neglect. The department or a local law enforcement officer trained in the investigation of child abuse and neglect, [is] or both, are responsible for investigating reports of alleged child abuse or neglect at schools, [daycare facilities or] child care facilities, shelter care homes or residential facilities.

           D. If the child alleged to be abused or neglected is in the care or control of or in a facility administratively connected to the department, the report shall be investigated by the department or a local law enforcement officer trained in the investigation of child abuse and neglect, or both. The investigation shall ensure that immediate steps are taken to protect the health or welfare of the alleged abused or neglected child, as well as that of any other child under the same care who may be in danger of abuse or neglect.

           E. A law enforcement agency or the department shall have access to any of the records pertaining to a child abuse or neglect case maintained by any of the persons enumerated in Subsection A of this section, except as otherwise provided in the Abuse and Neglect Act.

           F. A person who violates the provisions of Subsection A of this section is guilty of a misdemeanor and shall be sentenced pursuant to the provisions of Section 31-19-1 NMSA 1978."

     SECTION 7. Section 32A-4-4 NMSA 1978 (being Laws 1993, Chapter 77, Section 98, as amended) is amended to read:

     "32A-4-4. COMPLAINTS--REFERRAL--[PRELIMINARY INQUIRY] INVESTIGATION.--

          A. The department shall conduct investigations of reports alleging neglect or abuse [shall be referred to the department, which shall conduct an investigation] to determine the best interests of the child with regard to any action to be taken. The name and information regarding the person making the report shall not be disclosed absent the consent of the informant or a court order.

          B. [During the investigation of a report alleging neglect or abuse, the matter may be referred to another appropriate agency and conferences may be conducted for the purpose of effecting adjustments or agreements that will obviate the necessity for filing a petition.] A representative of the department shall, at the initial time of contact with the party subject to the investigation, advise the party of the reports or allegations made, in a manner that is consistent with laws protecting the rights of the informant. The parties shall be advised of their basic rights, and no party may be compelled to appear at any conference, to produce any papers or to visit any place. The investigation shall be completed within a reasonable period of time from the date the report was made.

          [C. After completion of the investigation on a neglect or abuse report, the department shall either recommend or refuse to recommend the filing of a petition.

          D.] C. When a child is taken into custody, the department shall file a petition within two days. [If a petition is not filed in a timely manner, the child shall be released to the child's parent, guardian or custodian.]"

     SECTION 8. Section 32A-4-5 NMSA 1978 (being Laws 1993, Chapter 77, Section 99, as amended) is amended to read:

     "32A-4-5. ADMISSIBILITY OF REPORT IN EVIDENCE--IMMUNITY OF REPORTING PERSON--INVESTIGATION OF REPORT.--

          A. In any proceeding alleging neglect or abuse under the Children's Code resulting from a report required by Section 32A-4-3 NMSA 1978 or in any proceeding in which that report or any of its contents are sought to be introduced in evidence, the report or its contents or any other facts related thereto or to the condition of the child who is the subject of the report shall not be excluded on the ground that the matter is or may be the subject of a physician-patient privilege or similar privilege or rule against disclosure.

          B. Anyone reporting an instance of alleged child neglect or abuse or participating in a judicial proceeding brought as a result of a report required by Section 32A-4-3 NMSA 1978 is presumed to be acting in good faith and shall be immune from liability, civil or criminal, that might otherwise be incurred or imposed by the law, unless the person acted in bad faith or with malicious purpose.

          C. After properly verifying the identity of the public official, any school personnel or other person who has the duty to report child abuse pursuant to Section 32A-4-3 NMSA 1978 shall permit a member of a law enforcement agency, including tribal police officers, an employee of the district attorney's office, an investigative interviewer for a program described in Subsection E of this section or an employee of the department, to interview a child privately, when deemed appropriate by the interviewer, with respect to a report without the permission of the child's parent or guardian. Any person permitting an interview pursuant to this subsection is presumed to be acting in good faith and shall be immune from liability, civil or criminal, that might otherwise be incurred or imposed by law, unless the person acted in bad faith or with malicious purpose.

          D. An investigation may be conducted by law enforcement, the district attorney's office, a program described in Subsection E of this section and the department. Interviews shall be conducted in a manner and place that protects the child and family from unnecessary trauma and embarrassment. The investigating entity shall conduct the investigation in a manner that will protect the privacy of the child and the family, with the paramount consideration being the safety of the child. All interactions with child victims and child witnesses shall be conducted in a child-sensitive manner, taking into consideration the special needs of the child and the child's abilities, age and intellectual maturity. The interviews shall be conducted in a place where the child feels secure and in a language that the child uses and understands.

          E. If a community has a program for child abuse investigation that includes an [investigation] investigative interview of the alleged victim or child witness, the investigation may be conducted at a site designated by the community program. The alleged child abuse victim or child witness shall, when possible, be interviewed in an environment where the alleged abuse perpetrator will not be present.

          F. Prior to the department interviewing [a] an alleged child victim or child witness, the department shall notify the parent or guardian of the child who is being interviewed, unless the department determines that notification would adversely affect the safety of the child about whom the report has been made or compromise the investigation."

     SECTION 9. Section 32A-4-7 NMSA 1978 (being Laws 1993, Chapter 77, Section 101, as amended) is amended to read:

     "32A-4-7. RELEASE [OR DELIVERY] FROM CUSTODY.--

          A. A person taking a child into custody shall, with all reasonable speed:

                (1) release the child to one of the child's [parent, guardian or custodian and issue verbal counsel or warning as may be appropriate] parents, guardians or custodians; or

                (2) deliver the child to the department or [in the case of a child who is believed to be suffering from a serious physical or mental condition or illness that requires prompt treatment or diagnosis, deliver the child to a medical facility. If a law enforcement officer delivers a child to a medical facility, the officer shall] immediately notify the department that the child has been placed in the department's legal custody if the child is placed elsewhere.

          B. When an alleged neglected or abused child is [delivered to] placed in the legal custody of the department, a department caseworker shall review the need for [placing the child in] continued custody and shall release the child from custody unless custody is appropriate or has been ordered by the court. [When a child is delivered to a medical facility, a department caseworker shall review the need for retention of custody within a reasonable time after delivery of the child to the facility and shall release the child from custody unless custody is appropriate or has been ordered by the court.]

          C. If a child is placed in the legal custody of the department and is not released to the child's parent, guardian or custodian, the department shall give written notice thereof as soon as possible, and in no case later than twenty-four hours, to the child's parent, guardian or custodian together with a statement of the reason for [taking] the child being placed into the legal custody of the department.

          D. Reasonable efforts shall be made to prevent or eliminate the need for removing the child from the child's home, with the paramount concern being the child's health and safety. In all cases when a child is taken into custody, the child shall be released to the child's parent, guardian or custodian, unless the department files a petition within two days from the date that the child was taken into custody. The department may release the child at any time within the two-day period after the child was taken into custody if it is determined by the department that release is appropriate or if release has been ordered by the court.

          [E. The department may release the child at any time within the two-day period after the child was taken into custody if it is determined by the department that release is appropriate or if release has been ordered by the court.]"

     SECTION 10. Section 32A-4-8 NMSA 1978 (being Laws 1993, Chapter 77, Section 102) is amended to read:

     "32A-4-8. [PLACE OF TEMPORARY CUSTODY] PLACEMENT.--

          A. Unless a child alleged to be neglected or abused is also alleged or adjudicated delinquent, the child shall not be held in a jail or other facility intended or used for the incarceration of adults charged with criminal offenses or for the detention of children alleged to be delinquent children [but may be placed in the following community-based shelter- care facilities:

          A. with a relative of the child who is willing to guarantee to the court that the child will not be returned to the alleged abusive or neglectful parent, guardian or custodian without the prior approval of the court;

          B. a licensed foster home or any home authorized under the law for the provision of foster care, group care or use as a protective residence;

          C. a facility operated by a licensed child welfare services agency; or

          D. a facility provided for in the Children's Shelter Care Act].

          B. A child in the department's legal custody shall be placed in a licensed or approved home or facility."

     SECTION 11. Section 32A-4-11 NMSA 1978 (being Laws 1993, Chapter 77, Section 105) is amended to read:

     "32A-4-11. USE IMMUNITY.--

          A. At any stage of a proceeding under the Abuse and Neglect Act, the children's court attorney may apply for use immunity for a respondent for in-court testimony. The in-court testimony of an immunized respondent shall not be used against that respondent in a criminal prosecution; provided, however, that the respondent may be prosecuted for perjury that occurs during the respondent's testimony in children's court.

          B. At any stage of a proceeding under the Abuse and Neglect Act, the children's court attorney may apply for use immunity for any records, documents or other physical objects produced by the immunized respondent in that children's court proceeding, production of which was compelled by a court order.

          C. At any stage of a proceeding under the Abuse and Neglect Act, the children's court attorney may apply for use immunity for a respondent for any statement that a respondent makes in the course of a court-ordered psychological evaluation or treatment program to the professional designated [by the department in furtherance of the court's order] to perform or provide such evaluation or treatment. Such immunity shall attach only to those statements made during the course of the actual evaluation or treatment and specifically does not attach to statements made to other department employees, agents or other representatives in the course of the investigation of alleged child abuse or neglect.

          D. Any other information available to the professional designated by the department to perform the court-ordered evaluation or provide treatment shall not be the subject of any application or order for immunity.

          E. All immunized statements referred to in Subsection C of this section that are subsequently reduced to writing shall be deleted before any report is released to law enforcement officers or district attorneys.

          F. Use immunity orders shall not be entered nunc pro tunc.

          G. The children's court attorney shall request a hearing on any application for immunity and shall give at least forty-eight hours notice to all parties and to the district attorney for the county in which the alleged abuse or neglect occurred. The district attorney shall have standing to object to the order for immunity."

     SECTION 12. Section 32A-4-16 NMSA 1978 (being Laws 1993, Chapter 77, Section 110) is amended to read:

     "32A-4-16. EX-PARTE CUSTODY ORDERS.--

          A. At the time a petition is filed or any time thereafter, the children's court or the district court may issue an ex-parte custody order upon a sworn written statement of facts showing probable cause exists to believe that the child is abused or neglected and that custody under the criteria set forth in Section [32-4-16] 32A-4-18 NMSA 1978 is necessary.

          [B. The ex-parte custody order shall be served on the respondent by a person authorized to serve arrest warrants and shall direct the officer to take custody of the child and deliver him to a place designated by the court.

          C.] B. The Rules of Evidence do not apply to the issuance of an ex-parte custody order."

     SECTION 13. Section 32A-4-18 NMSA 1978 (being Laws 1993, Chapter 77, Section 112, as amended) is amended to read:

     "32A-4-18. CUSTODY HEARINGS--TIME LIMITATIONS--NOTICE--PROBABLE CAUSE.--

          A. When a child alleged to be neglected or abused has been placed in the legal custody of the department or the department has petitioned the court for temporary custody, a custody hearing shall be held within ten days from the date the petition is filed to determine if the child should remain in or be placed in the department's custody pending adjudication. Upon written request of the respondent, the hearing may be held earlier, but in no event shall the hearing be held sooner than two days after the date the petition was filed.

          B. The parent, guardian or custodian of the child alleged to be abused or neglected shall be given reasonable notice of the time and place of the custody hearing.

          C. At the custody hearing, the court shall return legal custody of the child to the child's parent, guardian or custodian unless probable cause exists to believe that:

                (1) the child is suffering from an illness or injury, and the parent, guardian or custodian is not providing adequate care for the child;

                (2) the child is in immediate danger from the child's surroundings, and removal from those surroundings is necessary for the child's safety or well-being;

                (3) the child will be subject to injury by others if not placed in the custody of the department;

                (4) there has been an abandonment of the child by the child's parent, guardian or custodian; or

                (5) the parent, guardian or custodian is not able or willing to provide adequate supervision and care for the child.

          D. At the conclusion of the custody hearing, if the court determines that probable cause exists pursuant to Subsection C of this section, the court may:

                (1) return legal custody of the child to the child's parent, guardian or custodian upon such conditions as will reasonably ensure the safety and well-being of the child, including protective supervision by the department; or

                (2) award legal custody of the child to the department.

          E. Reasonable efforts shall be made to preserve and reunify the family, with the paramount concern being the child's health and safety. The department shall make reasonable efforts to identify and locate relatives for the placement of the child and shall conduct home studies on appropriate relatives who express an interest in providing placement for the child.

          F. At the conclusion of the custody hearing, if the court determines that probable cause does not exist pursuant to Subsection C of this section, the court shall:

                (1) retain jurisdiction and, unless the court permits otherwise, order that the respondent and child remain in the jurisdiction of the court pending the adjudication;

                (2) return legal custody of the child to the child's parent, guardian or custodian with conditions to provide for the safety and well-being of the child; and

                (3) order that the child's parent, guardian or custodian allow the child necessary contact with the child's guardian ad litem or attorney.

          G. At the conclusion of the custody hearing, the court may order the respondent or the child alleged to be neglected or abused, or both, to undergo appropriate diagnostic examinations or evaluations. If the court determines that probable cause does not exist, the court may order the respondent or the child alleged to be neglected or abused, or both, to undergo appropriate diagnostic examinations or evaluations as necessary to protect the child's best interests, based upon the allegations in the petition and the evidence presented at the custody hearing. Copies of any diagnostic or evaluation reports ordered by the court shall be provided to the parties at least five days before the adjudicatory hearing is scheduled. The reports shall not be sent to the court.

          H. The Rules of Evidence shall not apply to custody hearings.

          I. Nothing in this section shall be construed to abridge the rights of Indian children pursuant to the federal Indian Child Welfare Act of 1978."

     SECTION 14. Section 32A-4-19 NMSA 1978 (being Laws 1993, Chapter 77, Section 113, as amended) is amended to read:

     "32A-4-19. ADJUDICATORY HEARINGS--TIME LIMITATIONS.--

          A. The adjudicatory hearing in a neglect or abuse proceeding shall be commenced within sixty days after the date of service of the petition on the respondent.

          B. Prior to the adjudicatory hearing, all parties to the hearing shall attend a mandatory meeting and attempt to settle issues attendant to the adjudicatory hearing and develop a proposed [treatment] case plan that serves the child's best interest.

          C. The children's court attorney shall represent the state at the adjudicatory hearing.

          D. When the adjudicatory hearing on any petition is not commenced within the time period specified in Subsection A of this section or within the period of any extension granted, the petition [shall] may be dismissed with prejudice, or the court may consider other sanctions as appropriate."

     SECTION 15. Section 32A-4-20 NMSA 1978 (being Laws 1993, Chapter 77, Section 114, as amended) is amended to read:

     "32A-4-20. CONDUCT OF HEARINGS--FINDINGS--DISMISSAL--DISPOSITIONAL MATTERS--PENALTY.--

          A. The proceedings shall be recorded by stenographic notes or by electronic, mechanical or other appropriate means.

          B. All abuse and neglect hearings shall be closed to the general public.

          C. Only the parties, their counsel, witnesses and other persons approved by the court may be present at a closed hearing. The foster parent, preadoptive parent or relative providing care for the child shall be given notice and an opportunity to be heard at the dispositional phase. Those other persons the court finds to have a proper interest in the case or in the work of the court may be admitted by the court to closed hearings on the condition that they refrain from divulging any information that would identify the child or family involved in the proceedings.

          D. Accredited representatives of the news media shall be allowed to be present at closed hearings, subject to the condition that they refrain from divulging information that would identify any child involved in the proceedings or the parent, guardian or custodian of that child and subject to enabling regulations as the court finds necessary for the maintenance of order and decorum and for the furtherance of the purposes of the Children's Code. A child who is the subject of an abuse and neglect proceeding [and is present at a hearing] may object to the presence of the media. The court may exclude the media if it finds that the presence of the media is contrary to the best interests of the child.

          E. If the court finds that it is in the best interest of a child under fourteen years of age, the child may be excluded from a hearing under the Abuse and Neglect Act. A child fourteen years of age or older may be [excluded] excused from a hearing if the child chooses not to attend, or the child may be excluded from a hearing by the court only if the court makes a finding that there is a compelling reason to exclude the child and states the factual basis for the finding. The court may compel the attendance of any child at any hearing.

          F. Those persons or parties granted admission to a closed hearing who intentionally divulge information in violation of this section are guilty of a petty misdemeanor.

          G. The court shall determine if the allegations of the petition are admitted or denied. If the allegations are denied, the court shall proceed to hear evidence on the petition. The court, after hearing all of the evidence bearing on the allegations of neglect or abuse, shall make and record its findings on whether the child is a neglected child, an abused child or both. If the petition alleges that the parent, guardian or custodian has subjected the child to aggravated circumstances, then the court shall also make and record its findings on whether the aggravated circumstances have been proven.

          H. If the court finds on the basis of a valid admission of the allegations of the petition or on the basis of clear and convincing evidence, competent, material and relevant in nature, that the child is neglected or abused, the court may proceed immediately or at a [postponed] later hearing to make disposition of the case. If the court does not find that the child is neglected or abused, the court shall dismiss the petition and may refer the family to the department for appropriate services.

          I. In that part of the hearings held under the Children's Code on dispositional issues, all relevant and material evidence helpful in determining the questions presented, including oral and written reports, may be received by the court and may be relied upon to the extent of its probative value even though not competent had it been offered during the part of the hearings on adjudicatory issues.

          J. On the court's motion or that of a party, the court may continue the hearing on the petition for a period not to exceed thirty days to receive reports and other evidence in connection with disposition. The court shall continue the hearing pending the receipt of the predisposition study and report if that document has not been prepared and received. During any continuances under this subsection, the court shall make an appropriate order for legal custody."

     SECTION 16. Section 32A-4-21 NMSA 1978 (being Laws 1993, Chapter 77, Section 115, as amended) is amended to read:

     "32A-4-21. NEGLECT OR ABUSE PREDISPOSITION STUDIES, REPORTS AND EXAMINATIONS.--

          A. Prior to holding a dispositional hearing, the court shall direct that a predisposition study and report be submitted in writing to the court by the department.

          B. The predisposition study required pursuant to Subsection A of this section shall contain the following information:

                (1) a statement of the specific reasons for intervention by the department or for placing the child in the department's custody and a statement of the parent's ability to care for the child in the parent's home without causing harm to the child;

                (2) a statement of [how an intervention plan is designed to achieve placement of the child in the least restrictive setting available, consistent with the best interests and special needs of the child, including a statement of] the likely harm the child may suffer as a result of being removed from the parent's home, including emotional harm that may result due to separation from the child's parents [and a statement of how the intervention plan is designed to place the child in close proximity to the parent's home without causing harm to the child due to separation from parents] or siblings or any other person who may significantly affect the child's best interest and how the case plan is designed to mitigate such harm;

                (3) the wishes of the child as to the child's custodian;

                [(4) whether the child has a family member who, subsequent to study by the department, is determined to be qualified to care for the child;]

                (4) what efforts the department has made to identify and locate relatives for placement of the child and whether the department is conducting home studies on appropriate relatives who express an interest in providing placement for the child;

                (5) a description of services offered to the child, the child's family and the child's foster care family and a summary of reasonable efforts made to prevent removal of the child from the child's family [or] and reasonable efforts made to reunite the child with the child's family;

                (6) a description of the home or facility in which the child is placed and the appropriateness of the child's placement to ensure that the placement is in the least restrictive setting and is in close proximity to the child's home consistent with the best interest and special needs of the child;

                (7) the results of any diagnostic examination or evaluation ordered at the custody hearing;

                (8) a statement of the child's medical and educational [background] history;

                (9) if the child is an Indian child, whether the placement preferences set forth in the federal Indian Child Welfare Act of 1978 or the placement preferences of the child's Indian tribe were followed and whether the child's [treatment] case plan provides for maintaining the child's cultural ties;

                (10) a [treatment] case plan that sets forth steps to ensure that the child's physical, medical and psychological [and educational] needs are met and that sets forth services to be provided to the child and the child's parents to facilitate permanent placement of the child [in the parent's home];

                (11) for children sixteen years of age and older, a transition plan for developing the specific skills the child requires for successful transition [into] to independent living as an adult, regardless of whether the child is returned to the child's parent's home; [and]

                (12) for children seventeen years of age, a transition plan that shall include specific options for meeting the child's needs after the child's eighteenth birthday, including housing, education, employment or income, physical and mental health, local opportunities for mentors and continuing support services;

                [(12)] (13) a [treatment] case plan that sets forth steps to ensure that the child's educational needs are met and, for a child fourteen years of age or older, a [treatment] case plan that specifically sets forth the child's educational and post-secondary goals; and

                [(13)] (14) a description of the child's foster care placement and whether it is appropriate in terms of the educational setting and proximity to the school the child was enrolled in at the time of [the] each placement, including plans for travel for the child to remain in the school in which the child was enrolled at the time of placement, if reasonable and in the child's best interest.

          C. A copy of the predisposition report shall be provided by the department to counsel for all parties five days before the dispositional hearing.

          D. If the child is an adjudicated abused or neglected child, any temporary custody orders shall remain in effect until the [court has received and considered the predispositional study at] conclusion of the dispositional hearing."

     SECTION 17. Section 32A-4-22 NMSA 1978 (being Laws 1993, Chapter 77, Section 116, as amended) is amended to read:

     "32A-4-22. DISPOSITION OF ADJUDICATED ABUSED OR NEGLECTED CHILD.--

          A. If not held in conjunction with the adjudicatory hearing, the dispositional hearing shall be commenced within thirty days after the conclusion of the adjudicatory hearing. At the conclusion of the dispositional hearing, the court shall make and include in the dispositional judgment its findings on the following:

                [(1) the interaction and interrelationship of the child with the child's parent, siblings and any other person who may significantly affect the child's best interest;

                (2) the child's adjustment to the child's home, school and community;

                (3) the mental and physical health of all individuals involved;

                (4) the wishes of the child as to the child's placement;

                (5) the wishes of the child's parent, guardian or custodian as to the child's custody;

                (6) whether there exists a relative of the child or other individual who, after study by the department, is found to be qualified to receive and care for the child;

                (7)] (1) the availability of services recommended in the [treatment] case plan prepared as a part of the predisposition study in accordance with the provisions of Section 32A-4-21 NMSA 1978;

                [(8)] (2) the ability of the parent to care for the child in the home so that no harm will result to the child;

                [(9)] (3) whether reasonable efforts were used by the department to prevent removal of the child from the home prior to placement in substitute care and whether reasonable efforts were used to attempt reunification of the child with the natural parent;

                [(10)] (4) whether reasonable efforts were made by the department to place siblings in custody together, unless such joint placement would be contrary to the safety or well-being of any of the siblings in custody, and whether any siblings not jointly placed have been provided reasonable visitation or other ongoing interaction, unless visitation or other ongoing interaction would be contrary to the safety or well-being of any of the siblings; and

                [(11)] (5) if the child is an Indian child, whether the placement preferences set forth in the federal Indian Child Welfare Act of 1978 or the placement preferences of the child's Indian tribe have been followed and whether the Indian child's [treatment] case plan provides for maintaining the Indian child's cultural ties. When placement preferences have not been followed, good cause for noncompliance shall be clearly stated and supported.

          B. If a child is found to be neglected or abused, the court may enter [its] a judgment making any of the following dispositions to protect the welfare of the child:

                (1) permit the child to remain with the child's parent, guardian or custodian, subject to those conditions and limitations the court may prescribe;

                (2) place the child under protective supervision of the department; or

                (3) transfer legal custody of the child to any of the following:

                     (a) the noncustodial parent, if it is found to be in the child's best interest;

                     (b) an agency responsible for the care of neglected or abused children; or

                     (c) a child-placement agency willing and able to assume responsibility for the education, care and maintenance of the child and licensed or otherwise authorized by law to receive and provide care for the child. 

          C. In arriving at an appropriate disposition for a child, the court shall consider the following factors:

                (1) the interaction and interrelationship of the child with the child's parents and siblings and any other person who may significantly affect the child's best interest;

                (2) the child's adjustment to the child's home, school and community;

                (3) the mental and physical health of all individuals involved;

                (4) the wishes of the child as to the child's placement;

                (5) the wishes of the child's parent, guardian or custodian as to the child's custody; and

                (6) whether there exists a relative of the child or other individual who, after study by the department, is found to be qualified to receive and care for the child.

          [C.] D. If a child is found to be neglected or abused, in its dispositional judgment the court shall also order the department to implement and the child's parent, guardian or custodian to cooperate with any [treatment] case plan approved by the court. Reasonable efforts shall be made to preserve and reunify the family, with the paramount concern being the child's health and safety. The court may determine that reasonable efforts are not required to be made when the court finds that:

                (1) the efforts would be futile; or

                (2) the parent, guardian or custodian has subjected the child to aggravated circumstances.

          [D.] E. Any parent, guardian or custodian of a child who is placed in the legal custody of the department or other person pursuant to Subsection B of this section shall have reasonable rights of visitation with the child as determined by the court, unless the court finds that the best interests of the child preclude any visitation.

          [E.] F. The court may order reasonable visitation between a child placed in the custody of the department and the child's siblings or any other person who may significantly affect the child's best interest, if the court finds the visitation to be in the child's best interest.

          [F.] G. Unless a child found to be neglected or abused is also found to be delinquent, the child shall not be confined in an institution established for the long-term care and rehabilitation of delinquent children.

          [G.] H. When the court vests legal custody in an agency, institution or department, the court shall transmit with the dispositional judgment copies of the clinical reports, the predisposition study and report and any other information it has pertinent to the care and treatment of the child.

          [H.] I. Prior to a child being placed in the custody or protective supervision of the department, the department shall be provided with reasonable oral or written notification and an opportunity to be heard. At any hearing held pursuant to this subsection, the department may appear as a party.

          [I.] J. When a child is placed in the custody of the department, the department shall investigate whether the child is eligible for enrollment as a member of an Indian tribe and, if so, the department shall pursue the enrollment on the child's behalf.

          [J.] K. When the court determines pursuant to Subsection [C] D of this section that no reasonable efforts at reunification are required, the court shall conduct, within thirty days, a permanency hearing as described in Section 32A-4-25.1 NMSA 1978. Reasonable efforts shall be made to implement and finalize the permanency plan in a timely manner."

     SECTION 18. Section 32A-4-23 NMSA 1978 (being Laws 1993, Chapter 77, Section 117, as amended) is amended to read:

     "32A-4-23. DISPOSITION OF A CHILD WITH A MENTAL DISORDER OR A DEVELOPMENTAL DISABILITY IN A PROCEEDING UNDER THE ABUSE AND NEGLECT ACT.--

          A. If in a hearing, at any stage of a proceeding on a neglect or abuse petition, the evidence indicates that a child has a mental disorder or a developmental disability, the court shall adjudicate the issue of neglect or abuse under the provisions of the Children's Code.

          B. When a child in department custody needs involuntary placement for residential mental health or developmental disability services as a result of a mental disorder or developmental disability, the department shall petition for that child's placement pursuant to the provisions of the Children's Mental Health and Developmental Disabilities Act.

          C. Any child in department custody who is placed for residential treatment or habilitation pursuant to the provisions of the Children's Mental Health and Developmental Disabilities Act shall remain in the legal custody of the department while in residential treatment or habilitation or until further order of the court.

          D. A court hearing for consideration of an involuntary placement of a child for residential treatment or habilitation, when the child is subject to the provisions of the Abuse and Neglect Act, may be heard by the court as part of the abuse or neglect proceedings or may be heard in a separate proceeding. All parties to the abuse or neglect proceedings shall be provided with notice of the involuntary placement hearing.

          E. A guardian ad litem appointed pursuant to the Abuse and Neglect Act shall serve as a guardian ad litem for a child for the purposes of the Children's Mental Health and Developmental Disabilities Act. When a child is fourteen years of age or older, the child shall be represented by an attorney unless, after consultation between the child and the child's attorney, the child elects to be represented by counsel appointed in the proceedings under the Children's Mental Health and Developmental Disabilities Act.

          F. When a child is subject to the provisions of the Abuse and Neglect Act and is receiving residential treatment or habilitation services, any documentation required pursuant to the Children's Mental Health and Developmental Disabilities Act shall be filed with the court as part of the abuse or neglect proceeding. A review of the child's placement in a residential treatment or habilitation program shall occur in the same manner and within the same time requirements as provided in the Children's Mental Health and Developmental Disabilities Act.

          G. The clerk of the court shall maintain a separate section within an abuse or neglect file for documents pertaining to actions taken under the Children's Mental Health and Developmental Disabilities Act.

          H. A child subject to the provisions of the Abuse and Neglect Act who receives treatment in a residential treatment or habilitation program shall [enjoy] be entitled to all the substantive and procedural rights set forth in the Children's Mental Health and Developmental Disabilities Act."

     SECTION 19. Section 32A-4-23.1 NMSA 1978 (being Laws 2009, Chapter 239, Section 43) is amended to read:

     "32A-4-23.1. DISPOSITION OF AN UNDOCUMENTED IMMIGRANT CHILD IN A PROCEEDING UNDER THE ABUSE AND NEGLECT ACT.--

          A. [Whenever the court adjudicates that a child is abused or neglected, the department shall determine the child's immigration status.] At the [first judicial review] dispositional hearing, the department shall report the child's immigration status to the court. Services to children alleged to have been abused, neglected or abandoned must be provided without regard to the immigration status of the child except where immigration status is explicitly set forth as a statutory or regulatory condition of coverage or eligibility.

          B. If the child is an undocumented immigrant, the department shall include in the [treatment] case plan a recommendation as to whether the permanency plan for the child includes reuniting the child with the child's parents and whether it is in the child's best interest to be returned to the child's country of origin. If the permanency plan does not include reunification and the department does not recommend that the child be returned to the country of origin, the department shall determine whether the child may be eligible for special immigrant juvenile status under federal law.

          C. If the child is eligible for special immigrant juvenile status, the department shall move the court for a special immigrant juvenile status order containing the necessary findings to establish that the child meets the criteria for federal special immigrant juvenile status. The department's motion shall include a statement of the express wishes of the child, as expressed by the child or the child's guardian ad litem or attorney.

          D. After consultation with the child and the child's guardian ad litem or attorney, the department shall determine whether the child's best interests would be served by the filing of a petition for special immigrant juvenile status and application for adjustment of status. [and] If it is determined to be in the child's best interest, within sixty days after an entry of the special immigrant juvenile status order, the department shall file a petition for special immigrant juvenile status and an application for adjustment of status on behalf of the child.

          E. If a petition and application have been filed and the petition and application have not been granted by the time the child reaches eighteen years of age, the court may retain jurisdiction over the case for the sole purpose of ensuring that the child continues to satisfy the requirements for classification as a special immigrant juvenile.

          F. Review hearings for the child shall be set solely for the purpose of confirming that the child continues to satisfy such requirements and determining the status of the petition and application.

          G. The court's jurisdiction terminates upon the final decision of the federal authorities or upon the child's twenty-first birthday, whichever occurs first.

          H. Retention of jurisdiction in this instance does not affect the transition services available to the child.

          [I. The court may not retain jurisdiction of the case after the immigrant child's twenty-first birthday.

          J.] I. In a judicial review report provided to the court for a child for whom the court has granted the special immigrant juvenile status order described in Subsection C of this section, the court shall be advised of the status of the petition and application process concerning the child."

     SECTION 20. Section 32A-4-24 NMSA 1978 (being Laws 1993, Chapter 77, Section 118, as amended) is amended to read:

     "32A-4-24. LIMITATIONS ON DISPOSITIONAL JUDGMENTS--MODIFICATION, TERMINATION OR EXTENSION OF COURT ORDERS.--

          A. A judgment vesting legal custody of a child in [an agency] the department shall remain in force for an indeterminate period not exceeding two years from the date entered.

          [B. A judgment vesting legal custody of a child in an individual, other than the child's parent or permanent guardian, shall remain in force for two years from the date entered, unless sooner terminated by court order.

          C.] B. A judgment vesting legal custody of a child in the child's parent or a permanent guardian shall remain in force for an indeterminate period from the date entered until terminated by court order or until the child is emancipated or reaches the age of majority.

          [D.] C. At any time prior to expiration, a judgment vesting legal custody or granting protective supervision may be modified, revoked or extended on motion by any party, including the child by and through the child's guardian ad litem or attorney.

          [E.] D. Prior to the expiration of a judgment transferring legal custody to [an agency] the department, the court may extend the judgment for additional periods of one year if it finds that the extension is necessary to safeguard the welfare of the child or the public interest.

          [F.] E. When a child reaches eighteen years of age, all neglect and abuse orders affecting the child then in force automatically terminate except as provided in Section 32A-4-23.1 NMSA 1978 and Subsection D of Section 32A-4-25.3 NMSA 1978. The termination of the orders shall not disqualify a child from eligibility for transitional services."

     SECTION 21. Section 32A-4-25 NMSA 1978 (being Laws 1993, Chapter 77, Section 119, as amended) is amended to read:

     "32A-4-25. PERIODIC REVIEW OF DISPOSITIONAL JUDGMENTS.--

          A. The initial judicial review shall be held within sixty days of the [disposition] dispositional hearing. At the initial review, the parties shall demonstrate to the court efforts made to implement the [treatment] case plan approved by the court in its dispositional order. The court shall determine the extent to which the [treatment] case plan has been implemented and make supplemental orders as necessary to ensure compliance with the [treatment] case plan and the safety of the child. Prior to the initial judicial review, the department shall submit a copy of the adjudicatory [order] judgment, the dispositional order and notice of the initial judicial review to the local substitute care review board for that judicial district created under the Citizen Substitute Care Review Act. A representative of the local substitute care review board shall be permitted to attend and comment to the court.

          B. Subsequent periodic reviews of dispositional orders shall be held within six months of the conclusion of the permanency hearing or, if a motion has been filed for termination of parental rights [or permanent guardianship], within six months of the decision on that motion and every six months thereafter. Prior to the review, the department shall submit a progress report to the local substitute care review board for that judicial district created under the Citizen Substitute Care Review Act. Prior to any judicial review by the court pursuant to this section, the local substitute care review board may review the dispositional order or the continuation of the order and the department's progress report and report its findings and recommendations to the court. The review may be carried out by either of the following:

                (1) a judicial review hearing conducted by the court; or

                (2) a judicial review hearing conducted by a special master appointed by the court; provided, however, that the court approve any findings made by the special master.

          C. The children's court attorney shall give notice to all parties, including the child by and through the child's guardian ad litem or attorney, the child's CASA, a contractor administering the local substitute care review board and the child's foster parent or substitute care provider of the time, place and purpose of any judicial review hearing held pursuant to Subsection A or B of this section.

          D. At any judicial review hearing held pursuant to Subsection B of this section, the department, the child's guardian ad litem or attorney and all parties given notice pursuant to Subsection C of this section shall have the opportunity to present evidence and to cross-examine witnesses. At the hearing, the department shall show that it has made reasonable effort to implement any treatment plan approved by the court in its dispositional order and shall present a [treatment] case plan consistent with the purposes of the Children's Code for any period of extension of the dispositional order. The respondent shall demonstrate to the court that efforts to comply with the [treatment] case plan approved by the court in its dispositional order and efforts to maintain contact with the child were diligent and made in good faith. The court shall determine the extent of compliance with the [treatment] case plan and whether progress is being made toward establishing a stable and permanent placement for the child.

          E. The Rules of Evidence shall not apply to hearings held pursuant to this section. The court may admit testimony by any person given notice of the hearing who has information about the status of the child or the status of the [treatment] case plan.

          F. At the conclusion of any hearing held pursuant to this section, the court shall make findings of fact and conclusions of law.

          G. When the child is an Indian child, the court shall determine during review of a dispositional order whether the placement preferences set forth in the federal Indian Child Welfare Act of 1978 or the placement preferences of the child's Indian tribe were followed and whether the child's [treatment] case plan provides for maintaining the child's cultural ties. When placement preferences have not been followed, good cause for noncompliance shall be clearly stated and supported.

          H. Based on its findings at a judicial review hearing held pursuant to Subsection B of this section, the court shall order one of the following dispositions:

                (1) dismiss the action and return the child to the child's parent without supervision if the court finds that conditions in the home that led to abuse or neglect have been corrected and it is now safe [for the] to return [of] the abused or neglected child;

                (2) permit the child to remain with the child's parent, guardian or custodian subject to those conditions and limitations the court may prescribe, including protective supervision of the child by the department;

                (3) return the child to the child's parent or guardian and place the child under the protective supervision of the department;

                (4) transfer or continue legal custody of the child to:

                     (a) the noncustodial parent, if that is found to be in the child's best interests;

                     (b) a relative or other individual who, after study by the department or other agency designated by the court, is found by the court to be qualified to receive and care for the child and is appointed as a permanent guardian of the child; or

                     (c) the department, subject to the provisions of Paragraph (6) of this subsection;

                (5) continue the child in the legal custody of the department with or without any required parental involvement in a [treatment] case plan. Reasonable efforts shall be made to preserve and reunify the family, with the paramount concern being the child's health and safety unless the court finds that such efforts are not required. The court may determine that reasonable efforts are not required to be made when the court finds that:

                     (a) the efforts would be futile; or

                     (b) the parent, guardian or custodian has subjected the child to aggravated circumstances;

                (6) make additional orders regarding the [treatment] case plan or placement of the child to protect the child's best interests if the court determines the department has failed in implementing any material provision of the [treatment] case plan or abused its discretion in the placement or proposed placement of the child; or

                (7) if during a judicial review the court finds that the child's parent, guardian or custodian has not complied with the court-ordered [treatment] case plan, the court may order:

                     (a) the child's parent, guardian or custodian to show cause why the parent, guardian or custodian should not be held in contempt of court; or

                     (b) a hearing on the merits of terminating parental rights.

          I. Dispositional orders entered pursuant to this section shall remain in force for a period of six months, except for orders that provide for transfer of the child to the child's noncustodial parent or to a permanent guardian.

          J. The report of the local substitute care review board submitted to the court pursuant to Subsection B of this section shall become a part of the child's permanent court record.

          K. When the court determines, pursuant to Paragraph (5) of Subsection H of this section, that no reasonable efforts at reunification are required, the court shall conduct, within thirty days, a permanency hearing as described in Section 32A-4-25.1 NMSA 1978. Reasonable efforts shall be made to place the child in a timely manner in accordance with the permanency plan and to complete whatever steps are necessary to finalize the permanent placement of the child."

     SECTION 22. Section 32A-4-25.1 NMSA 1978 (being Laws 1997, Chapter 34, Section 8, as amended) is amended to read:

     "32A-4-25.1. PERMANENCY HEARINGS--PERMANENCY REVIEW HEARINGS.--

          A. A permanency hearing shall be commenced within six months of the initial judicial review of a child's dispositional order or within twelve months of a child entering foster care [pursuant to] as defined in Subsection [D] E of this section, whichever occurs first. Prior to the initial permanency hearing, all parties to the hearing shall attend a mandatory meeting and attempt to settle issues attendant to the permanency hearing and develop a proposed [treatment] case plan that serves the child's best interest. Prior to the initial permanency hearing, the department shall submit a progress report regarding the child to the local substitute care review board for that judicial district. The local substitute care review board may review the child's dispositional order, any continuation of that order and the department's progress report and report its findings and recommendations to the court.

          B. At the permanency hearing, all parties shall have the opportunity to present evidence and to cross-examine witnesses. At the conclusion of the permanency hearing, the court shall order one of the following permanency plans for the child:

                (1) reunification;

                (2) placement for adoption after the parents' rights have been relinquished or terminated or after a motion has been filed to terminate parental rights;

                (3) placement with a person who will be the child's permanent guardian; or

                [(4) placement in the legal custody of the department with the child placed in the home of a fit and willing relative; or

                (5)] (4) placement in the legal custody of the department under a planned permanent living arrangement; provided that there is substantial evidence that none of the [above] plans in Paragraphs (1) through (3) of this subsection is appropriate for the child.

          C. If the court adopts a permanency plan of reunification, the court shall adopt a plan for transitioning the child home and schedule a permanency review hearing within three months. If the child is reunified, the subsequent hearing may be vacated.

          [D. If the court adopts a permanency plan other than reunification, the court shall determine whether the department has made reasonable efforts to identify and locate all grandparents and other relatives. The court shall also determine whether the department has made reasonable efforts to conduct home studies on any appropriate relative expressing an interest in providing permanency for the child. The court must ensure the consideration has been given to the child's familial identity and connections. If the court finds that reasonable efforts have not been made to identify or locate grandparents and other relatives or to conduct home studies on appropriate and willing relatives, the court shall schedule a permanency review within sixty days to determine whether an appropriate relative placement has been made. If a relative placement is made, the subsequent hearing may be vacated.

          E.] D. At the permanency review hearing, all parties and the child's guardian ad litem or attorney shall have the opportunity to present evidence and cross-examine witnesses. Based on the evidence, the court shall:

                (1) change the plan from reunification to one of the alternative plans provided in Subsection B of this section;

                (2) dismiss the case and return custody of the child to the child's parent or guardian [or custodian]; or

                (3) return the child to the custody of the child's parent, guardian or custodian, subject to any conditions or limitations as the court may prescribe, including protective supervision of the child by the department and continuation of the [treatment] case plan for not more than six months, after which the case shall be dismissed. The department may seek removal of a child from the home by obtaining an order in the pending case or by seeking emergency removal under Section 32A-4-6 NMSA 1978 during the period of protective supervision if the child's best interest requires such action. When a child is removed in this situation, a permanency hearing shall be scheduled within thirty days of the child coming back into the department's legal custody.

          [F.] E. The court shall hold a permanency hearing and adopt a permanency plan for a child within twelve months of the child entering foster care. For purposes of this section, a child shall be considered to have entered foster care on the earlier of:

                (1) the date of the first judicial finding that the child has been abused or neglected; or

                (2) sixty days after the date on which the child was removed from the home.

          [G.] F. The court shall hold permanency hearings every twelve months when a child is in the legal custody of the department.

          [H.] G. The children's court attorney shall give notice to all parties, including the child by and through the child's guardian ad litem or attorney, the child's CASA, a contractor administering the local substitute care review board and the child's foster parent or substitute care provider of the time, place and purpose of any permanency hearing or permanency review hearing held pursuant to this section.

          [I.] H. The rules of evidence shall not apply to permanency hearings. The court may admit testimony by any person given notice of the permanency hearing who has information about the status of the child or the status of the [treatment] case plan. All testimony shall be subject to

cross-examination."

     SECTION 23. Section 32A-4-25.2 NMSA 1978 (being Laws 2009, Chapter 239, Section 47) is amended to read:

     "32A-4-25.2. TRANSITION SERVICES.--

          A. Prior to a child's reaching seventeen years of age, the department shall meet with the child, the child's attorney and others of the child's choosing, including biological family members, to review and further develop [a] the transition plan. The department shall assist the child in identifying and planning to meet the child's needs after the child's eighteenth birthday, including housing, education, employment or income, [health] physical and mental health, local opportunities for mentors and continuing support services.

          B. The department shall present the child's proposed transition plan to the court at the first hearing scheduled after the child's seventeenth birthday.

          C. The court shall approve and order a transition plan for the child. The transition plan approved by the court shall be reviewed at every subsequent review and permanency hearing."

     SECTION 24. Section 32A-4-25.3 NMSA 1978 (being Laws 2009, Chapter 239, Section 48) is amended to read:

     "32A-4-25.3. DISCHARGE HEARING.--

          A. At the last review or permanency hearing held prior to the child's eighteenth birthday, the court shall review the transition plan and shall determine whether the department has made reasonable efforts to implement the requirements of Subsection B of this section.

          B. The court shall determine:

                (1) whether written information concerning the child's family history, the whereabouts of any [sibling] siblings if appropriate and education and health records have been provided to the child;

                (2) whether the child's social security card, certified birth certificate, state-issued identification card, death certificate of a parent and proof of citizenship or residence have been provided to the child;

                (3) whether assistance in obtaining medicaid has been provided to the child, unless the child is ineligible for medicaid; and

                (4) whether referral for a guardianship or limited guardianship if the child is incapacitated has been made.

          C. If the court finds that the department has not made reasonable efforts to meet all the requirements of Subsection B of this section and that termination of jurisdiction would be harmful to the young adult, the court may continue to exercise its jurisdiction for a period not to exceed one year from the child's eighteenth birthday except as provided in Subsection D of this section. The young adult must consent to continued jurisdiction of the court. The court may dismiss the case at any time after the child's eighteenth birthday for good cause.

          D. If a referral for a guardianship or limited guardianship has been made, the court may continue to exercise its jurisdiction without the young adult's consent until a final order in the guardianship or limited guardianship is entered."

     SECTION 25. Section 32A-4-27 NMSA 1978 (being Laws 1993, Chapter 77, Section 121, as amended) is amended to read:

     "32A-4-27. INTERVENTION--PERSONS PERMITTED TO

INTERVENE.--

          A. At any stage of an abuse or neglect proceeding, a person described in this subsection may be permitted to intervene as a party with a motion for affirmative relief:

                (1) a foster parent with whom the child has resided [with] for at least six months;

                (2) a relative within the fifth degree of consanguinity with whom the child has resided;

                (3) a stepparent with whom the child has resided; or

                (4) a person who wishes to become the child's permanent guardian.

          B. When determining whether a person described in Subsection A of this section should be permitted to intervene, the court shall consider:

                (1) the person's rationale for the [purposed] proposed intervention; and

                (2) whether intervention is in the best interest of the child.

          C. When the court determines that the child's best interest will be served as a result of intervention by a person described in Subsection A of this section, the court may permit intervention unless the party opposing intervention can demonstrate that a viable plan for reunification with the respondents is in progress and that intervention could impede the progress of the reunification plan.

          D. The persons described in this subsection shall be permitted to intervene during any stage of an abuse or neglect proceeding:

                (1) a parent of the child who is not named in the petition alleging abuse or neglect; and

                (2) when the child is an Indian child, the child's Indian tribe.

          E. The child's foster parent shall be permitted to intervene when:

                (1) the foster parent desires to adopt the child;

                (2) the child has resided with the foster parent for at least six months within the year prior to the termination of parental rights;

                (3) a motion for termination of parental rights has been filed by a person other than the foster parent; and

                (4) bonding between the child and the child's foster parent is alleged as a reason for terminating parental rights in the motion for termination of parental rights.

          F. The foster parent, preadoptive parent or relative providing care for the child shall be given notice of, and an opportunity to be heard in, any review or hearing with respect to the child, except that this subsection shall not be construed to require that any foster parent, preadoptive parent or relative providing care for the child be made a party to [such a review or hearing] the case solely on the basis of the notice and opportunity to be heard."

     SECTION 26. Section 32A-4-28 NMSA 1978 (being Laws 1993, Chapter 77, Section 122, as amended) is amended to read:

     "32A-4-28. TERMINATION OF PARENTAL RIGHTS--ADOPTION DECREE.--

          A. In proceedings to terminate parental rights, the court shall give primary consideration to the physical, mental and emotional welfare and needs of the child, including the likelihood of the child being adopted if parental rights are terminated.

          B. The court shall terminate parental rights with respect to a child when:

                (1) there has been an abandonment of the child by [his] the child's parents;

                (2) the child has been a neglected or abused child as defined in the Abuse and Neglect Act and the court finds that the conditions and causes of the neglect and abuse are unlikely to change in the foreseeable future despite reasonable efforts by the department or other appropriate agency to assist the parent in adjusting the conditions that render the parent unable to properly care for the child. The court may find in some cases that efforts by the department or another agency are unnecessary, when:

                     (a) there is a clear showing that the efforts would be futile; or

                     (b) the parent has subjected the child to aggravated circumstances; or

                (3) the child has been placed in the care of others, including care by other relatives, either by [a] court order or otherwise and the following conditions exist:

                     (a) the child has lived in the home of others for an extended period of time;

                     (b) the parent-child relationship has disintegrated;

                     (c) a psychological parent-child relationship has developed between the substitute family and the child;

                     (d) if the court deems the child of sufficient capacity to express a preference, the child no longer prefers to live with the [natural] parent;

                     (e) the substitute family desires to adopt the child; and

                     (f) a presumption of abandonment created by the conditions described in Subparagraphs (a) through (e) of this paragraph has not been rebutted.

          C. A finding by the court that all of the conditions set forth in Subparagraphs (a) through [(f)] (e) of Paragraph (3) of Subsection B of this section exist shall create a rebuttable presumption of abandonment.

          D. The department shall not file a motion, and shall not join a motion filed by another party, to terminate parental rights when the sole factual basis for the motion is that a child's parent is incarcerated.

          E. The termination of parental rights involving a child subject to the federal Indian Child Welfare Act of 1978 shall comply with the requirements of that act.

          F. If the court finds that parental rights should be terminated; that the requirements for the adoption of a child have been satisfied; that the prospective adoptive parent is a party to the action; and that good cause exists to waive the filing of a separate petition for adoption, the court may proceed to grant adoption of the child, absent an appeal of the termination of parental rights. The court shall not waive any time requirements set forth in the Adoption Act unless the termination of parental rights occurred pursuant to the provisions of Paragraph (3) of Subsection B of this section. The court may enter a decree of adoption only after finding that the party seeking to adopt the child has satisfied all of the requirements set forth in the Adoption Act. Unless otherwise stipulated by all parties, an adoption decree shall take effect sixty days after the termination of parental rights to allow the department sufficient time to provide counseling for the child and otherwise prepare the child for the adoption. The adoption decree shall conform to the requirements of the Adoption Act and shall have the same force and effect as other adoption decrees entered pursuant to that act. The court clerk shall assign an adoption case number to the adoption decree."

     SECTION 27. Section 32A-4-29 NMSA 1978 (being Laws 1993, Chapter 77, Section 123, as amended) is amended to read:

     "32A-4-29. TERMINATION PROCEDURE.--

          A. A motion to terminate parental rights may be filed at any stage of the abuse or neglect proceeding by a party to the proceeding.

          B. The motion for termination of parental rights shall set forth:

                (1) the date, place of birth and marital status of the child, if known;

                (2) the grounds for termination and the facts and circumstances supporting the grounds for termination;

                (3) the names and addresses of the persons or authorized agency or agency officer to whom legal custody might be transferred;

                (4) whether the child resides or has resided with a foster parent who desires to adopt this child;

                (5) whether the motion is in contemplation of adoption;

                (6) the relationship or legitimate interest of the moving party to the child; and

                (7) whether the child is subject to the federal Indian Child Welfare Act of 1978 and, if so:

                     (a) the tribal affiliations of the child's parents;

                     (b) the specific actions taken by the moving party to notify the parents' tribes and the results of the contacts, including the names, addresses, titles and telephone numbers of the persons contacted. Copies of any correspondence with the tribes shall be attached as exhibits to the petition; and

                     (c) what specific efforts were made to comply with the placement preferences set forth in the federal Indian Child Welfare Act of 1978 or the placement preferences of the appropriate Indian tribes.

          C. Notice of the filing of the motion, accompanied by a copy of the motion, shall be served by the moving party on all other parties, the foster parent, preadoptive parent or relative providing care for the child with whom the child is residing, foster parents with whom the child has resided for six months within the previous twelve months, the custodian of the child, any person appointed to represent any party and any other person the court orders. Service shall be in accordance with the Children's Court Rules for the service of motions, except that foster parents and attorneys of record in this proceeding shall be served by certified mail. The notice shall state specifically that the person served shall file a written response to the motion within twenty days if the person intends to contest the termination. In any case involving a child subject to the federal Indian Child Welfare Act of 1978, notice shall also be sent by certified mail to the tribes of the child's parents and upon any "Indian custodian" as that term is defined in 25 U.S.C. Section 1903(6). Further notice shall not be required on a parent who has been provided notice previously pursuant to Section 32A-4-17 NMSA 1978 and who failed to make an appearance.

          D. When a motion to terminate parental rights is filed, the moving party shall request a hearing on the motion. The hearing date shall be at least thirty days, but no more than sixty days, after service is effected upon the parties entitled to service under this section. [The moving] Any party [shall also] may file a motion for court-ordered mediation between the parent and any prospective adoptive parent to discuss an open adoption agreement. [If an open adoption agreement is reached at any time before termination of parental rights, it shall be made a part of the court record.]

          E. In any action for the termination of parental rights brought by a party other than the department and involving a child in the legal custody of the department, the department may:

                (1) litigate a motion for the termination of parental rights that was initially filed by another party; or

                (2) move that the motion for the termination of parental rights be found premature and denied.

          F. When a motion to terminate parental rights is filed, the department shall perform concurrent planning.

          G. When a child has been in foster care for not less than fifteen of the previous twenty-two months, the department shall file a motion to terminate parental rights, unless

                [(1) a parent has made substantial progress toward eliminating the problem that caused the child's placement in foster care; it is likely that the child will be able to safely return to the parent's home within three months; and the child's return to the parent's home will be in the child's best interests;

                (2) the child has a close and positive relationship with a parent and a permanent plan that does not include termination of parental rights will provide the most secure and appropriate placement for the child;

                (3) the child is fourteen years of age or older, is firmly opposed to termination of parental rights and is likely to disrupt an attempt to place the child with an adoptive family;

                (4) a parent is terminally ill, but in remission, and does not want parental rights to be terminated; provided that the parent has designated a guardian for the child;

                (5) the child is not capable of functioning if placed in a family setting. In such a case, the court shall reevaluate the status of the child every ninety days unless there is a final court determination that the child cannot be placed in a family setting;

                (6) grounds do not exist for termination of parental rights;

                (7) the child is an unaccompanied, refugee minor and the situation regarding the child involves international legal issues or compelling foreign policy issues;

                (8) adoption is not an appropriate plan for the child; or

                (9) the parent's incarceration or participation in a court-ordered residential substance abuse treatment program constitutes the primary factor in the child's placement in substitute care and termination of parental rights is not in the child's best interest] the department has documented in the case plan, which shall be available for court review, a compelling reason for determining that filing such a motion would not be in the best interests of the child.

          H. For purposes of this section, a child shall be considered to have entered foster care on the earlier of:

                (1) the date of the first judicial finding that the child has been abused or neglected; or

                (2) the date that is sixty days after the date on which the child was removed from the home.

I. The grounds for any attempted termination

shall be proved by clear and convincing evidence. In any proceeding involving a child subject to the federal Indian Child Welfare Act of 1978, the grounds for any attempted termination shall be proved beyond a reasonable doubt and shall meet the requirements set forth in 25 U.S.C. Section 1912(f).

          J. When the court terminates parental rights, it shall appoint a custodian for the child and fix responsibility for the child's support.

          K. In any termination proceeding involving a child subject to the federal Indian Child Welfare Act of 1978, the court shall in any termination order make specific findings that the requirements of that act have been met.

          L. A judgment of the court terminating parental rights divests the parent of all legal rights and privileges and dispenses with both the necessity for the consent to or receipt of notice of any subsequent adoption proceeding concerning the child. A judgment of the court terminating parental rights shall not affect the child's rights of inheritance from and through the child's biological

parents.

          M. When the court denies a motion to terminate parental rights, the court shall issue appropriate orders immediately. The court shall direct the parties to file a stipulated order and interim plan or a request for hearing within thirty days of the date of the hearing denying the termination of parental rights."

     SECTION 28. Section 32A-4-32 NMSA 1978 (being Laws 1993, Chapter 77, Section 126, as amended) is amended to read:

     "32A-4-32. PERMANENT GUARDIANSHIP--PROCEDURE.--

          A. A motion for permanent guardianship may be filed by any party.

          B. A motion for permanent guardianship shall set forth:

                (1) the date, place of birth and marital status of the child, if known;

                (2) the facts and circumstances supporting the grounds for permanent guardianship;

                (3) the name and address of the prospective guardian and a statement that the person agrees to accept the duties and responsibilities of guardianship;

                (4) the basis for the court's jurisdiction;

                (5) the relationship of the child to the petitioner and the prospective guardian; and

                (6) whether the child is subject to the federal Indian Child Welfare Act of 1978 and, if so:

                     (a) the tribal affiliations of the child's parents;

                     (b) the specific actions taken by the petitioner to notify the parents' tribe and the results of the contacts, including the names, addresses, titles and telephone numbers of the persons contacted. Copies of any correspondence with the tribes shall be attached as exhibits to the petition; and

                     (c) what specific efforts were made to comply with the placement preferences set forth in the federal Indian Child Welfare Act of 1978 or the placement preferences of the appropriate Indian tribes.

          C. If the motion is not filed by the prospective guardian, the motion shall be verified by the prospective guardian.

          D. Notice of the filing of the motion, accompanied by a copy of the motion, shall be served by the moving party on any parent who has not previously been made a party to the proceeding, the parents of the child, foster parents with whom the child is residing, the foster parent, preadoptive parent or relative providing care for the child with whom the child has resided for six months, the child's custodian, the department, any person appointed to represent any party, including the child's guardian ad litem, and any other person the court orders provided with notice. Service shall be in accordance with the Children's Court Rules for the service of motions. In a case involving a child subject to the federal Indian Child Welfare Act of 1978, notice shall also be sent by certified mail to the Indian tribes of the child's parents and to any "Indian custodian" as that term is defined in 25 U.S.C. Section 1903(6). Further notice shall not be required to a parent who has been provided notice previously pursuant to Section 32A-4-17 NMSA 1978 and who failed to make an appearance.

          E. The grounds for permanent guardianship shall be proved by clear and convincing evidence. The grounds for permanent guardianship shall be proved beyond a reasonable doubt and meet the requirements of 25 U.S.C. Section 1912(f) in any proceeding involving a child subject to the federal Indian Child Welfare Act of 1978.

          F. A judgment of the court vesting permanent guardianship with an individual divests the biological or adoptive [parent] parents of legal custody or guardianship of the child but is not a termination of the [parent's] parents' rights. A child's inheritance rights from and through the child's biological or adoptive parents are not affected by [this proceeding] an order granting permanent guardianship.

          G. Upon a finding that grounds exist for a permanent guardianship, the court may incorporate into the final order provisions for visitation with the natural parents, siblings or other relatives of the child and any other provision necessary to rehabilitate the child or provide for the child's continuing safety and well-being.

          H. The court shall retain jurisdiction to enforce its judgment of permanent guardianship.

          I. Any party may make a motion for revocation of the order granting guardianship when there is a significant change of circumstances, including:

                (1) the child's parent is able and willing to properly care for the child; or

                (2) the child's guardian is unable to properly care for the child.

          J. The court shall appoint a guardian ad litem for the child in all proceedings for the revocation of permanent guardianship if the child is under the age of fourteen. The court shall appoint an attorney for the child in all proceedings for the revocation of permanent guardianship if the child is fourteen years of age or older at the inception of the proceedings.

          K. The court may revoke the order granting guardianship when a significant change of circumstances has been proven by clear and convincing evidence and it is in the child's best interests to revoke the order granting guardianship."

     SECTION 29. Section 32A-4-33 NMSA 1978 (being Laws 1993, Chapter 77, Section 127, as amended) is amended to read:

     "32A-4-33. CONFIDENTIALITY--RECORDS--PENALTY.--

          A. All records or information concerning a party to a neglect or abuse proceeding, including social records, diagnostic evaluations, psychiatric or psychological reports, videotapes, transcripts and audio recordings of a child's statement of abuse or medical reports incident to or obtained as a result of a neglect or abuse proceeding or that were produced or obtained during an investigation in anticipation of or incident to a neglect or abuse proceeding shall be confidential and closed to the public, except as provided in this section.

          B. The disclosure of all mental health and developmental disability records shall be made pursuant to the Children's Mental Health and Developmental Disabilities Act.

          [B.] C. Within a neglect or an abuse proceeding, the records described in Subsection A of this section shall be disclosed only to the parties and any of the following; provided that the agency, person or institution receiving the information shall not re-release the information without proper consent or as otherwise provided by law:

                (1) court personnel;

                (2) court-appointed special advocates;

                (3) the child's guardian ad litem;

                (4) the attorney representing the child in an abuse or neglect action, a delinquency action or any other action under the Children's Code;

                (5) department personnel;

                (6) any local substitute care review board or any agency contracted to implement local substitute care review boards;

                (7) law enforcement officials, except when use immunity is granted pursuant to Section 32A-4-11 NMSA 1978;

                (8) district attorneys, except when use immunity is granted pursuant to Section 32A-4-11 NMSA 1978;

                (9) any state government social services agency in any state, any federal or tribal social services agency or when, in the opinion of the department it is in the best interest of the child, a governmental social services agency of another country;

                (10) those persons or entities of an Indian tribe specifically authorized to inspect the records pursuant to the federal Indian Child Welfare Act of 1978 or any regulations promulgated thereunder;

                (11) a foster parent, if the records are those of a child currently placed with that foster parent or of a child being considered for placement with that foster parent and the records concern the social, medical, psychological or educational needs of the child;

                (12) school personnel involved with the child, if the records concern the child's social or educational needs;

                (13) health care or mental health professionals involved in the evaluation or treatment of the child or of the child's parents, guardian, custodian or other family members;

                (14) protection and advocacy representatives pursuant to the federal Developmental Disabilities Assistance and Bill of Rights Act and the federal Protection and Advocacy for Mentally Ill Individuals Amendments Act of 1991;

                (15) any other person or entity, if necessary for case planning, including persons or entities invited by the child to attend a transition plan meeting, persons or entities attending a court-ordered pre-adjudicatory or pre-permanency meeting and any person or entities attending a family-centered meeting or mediation, if the records directly concern the specific issues raised for purposes of case planning;

                [(15)] (16) children's safehouse organizations conducting investigatory interviews of children [on behalf] at the request of a law enforcement agency or the department; [and

                (16)] (17) any other person or entity, by order of the court, having a legitimate interest in the case or the work of the court; and

                (18) a person or entity authorized by contract with the department, or by state or federal law, to review, inspect or otherwise have access to records or information in the department's possession.

          D. Regardless of whether or not an abuse or neglect petition has been filed, the following entities are entitled to the records described in Subsection A of this section:

                (1) department personnel;

                (2) law enforcement officials;

                (3) district attorneys;

                (4) any state, federal or tribal social services agency in any state or, when in the opinion of the department it is in the best interest of the child, a governmental social services agency of another country;

                (5) those persons or entities of an Indian tribe specifically authorized to inspect the records pursuant to the federal Indian Child Welfare Act of 1978 or any regulations promulgated thereunder;

                (6) any other person or entity necessary for case planning, including persons or entities attending a family-centered meeting or mediation, if the records directly concern the specific issues raised for purposes of case planning;

                (7) children's safehouse organizations conducting investigatory interviews of children at the request of a law enforcement agency or the department;

                (8) any other person or entity, by order of the court, having a legitimate interest in the case or work of the court; and

                (9) a person or entity authorized by contract with the department, or by state or federal law, to review, inspect or otherwise have access to records or information in the department's possession.

          [C.] E. A parent, guardian or legal custodian whose child has been the subject of an investigation of abuse or neglect where no petition has been filed shall have the right to [inspect any medical report, psychological evaluation, law enforcement reports or other investigative or diagnostic evaluation; provided that any identifying information related to the reporting party or any other party providing information shall be deleted. The parent, guardian or legal custodian shall also have the right to] the results of the investigation and the right to petition the court for full access to all department records and information except those records and information the department finds would be likely to endanger the life or safety of any person providing information to the department.

          [D.] F. Whoever intentionally and unlawfully releases any information or records closed to the public pursuant to the Abuse and Neglect Act or releases or makes other unlawful use of records in violation of that act is guilty of a petty misdemeanor and shall be sentenced pursuant to the provisions of Section 31-19-1 NMSA 1978.

          [E.] G. The department shall promulgate rules for implementing disclosure of records pursuant to this section and in compliance with state and federal law and the Children's Court Rules."

     SECTION 30. Section 32A-4-33.1 NMSA 1978 (being Laws 2009, Chapter 239, Section 52) is amended to read:

     "32A-4-33.1. RECORDS RELEASE WHEN A CHILD DIES.--

          A. After learning that a child fatality has occurred and that there is reasonable suspicion that the fatality was caused by abuse or neglect, the department shall, upon written request to the secretary of the department, release the following information, if in the department's possession, within five business days:

                (1) the age and gender of the child;

                (2) the date of death;

                (3) whether the child was in foster care or in the home of the child's parent or guardian at the time of death; and

                (4) whether an investigation is being conducted by the department.

          B. If an investigation is being conducted by the department, then a request for further information beyond that listed in Subsection A of this section shall be answered with a statement that a report is under investigation.

          C. Upon completion of a child abuse or neglect investigation into a child's death, if it is determined that abuse or neglect caused the child's death, the following documents shall be released upon request:

                (1) a summary of the department's investigation;

                (2) a law enforcement investigation report, if in the department's possession; and

                (3) a medical examiner's report, if in the department's possession.

          D. Prior to releasing any document pursuant to Subsection C of this section, the department shall consult with the district attorney and shall redact:

                (1) information that would, in the opinion of the district attorney, jeopardize a criminal investigation or proceeding;

                (2) identifying information related to a reporting party or any other party providing information; and

                (3) information that is privileged, confidential or not subject to disclosure pursuant to any other state or federal law.

          E. Once documents pursuant to this section have been released by the department, the department may comment on the case within the scope of the release.

          F. [Information released] The release of information by the department consistent with the requirements of this section does not require prior notice to any other individual.

          G. Nothing in this section shall be construed as requiring the department to obtain documents not in the abuse and neglect case file.

          H. A person disclosing abuse and neglect case file information as required by this section shall not be subject to suit in civil or criminal proceedings for complying with the requirements of this section."

     SECTION 31. Section 32A-4-34 NMSA 1978 (being Laws 2005, Chapter 189, Section 57) is amended to read:

     "32A-4-34. DUTIES OF EMPLOYEES.--All employees of the department shall be trained in their legal duties to protect the constitutional and statutory rights of children and families from the initial time of contact, during the investigation and throughout any [treatment] casework involvement."

     SECTION 32. REPEAL.--Sections 32A-1-13 and 32A-1-20 NMSA 1978 (being Laws 1993, Chapter 77, Sections 22 and 29, as amended) are repealed.

     SECTION 33. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2013.

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