SENATE BILL 413
51st legislature - STATE OF NEW MEXICO - first session, 2013
INTRODUCED BY
Steven P. Neville
AN ACT
RELATING TO CHILDREN IN THE CUSTODY OF THE CHILDREN, YOUTH AND FAMILIES DEPARTMENT; AMENDING SECTIONS OF THE CITIZEN SUBSTITUTE CARE REVIEW ACT; AUTHORIZING THE DEPARTMENT OF FINANCE AND ADMINISTRATION TO CONTRACT WITH A QUALIFIED ORGANIZATION TO OPERATE A STATEWIDE SYSTEM OF LOCAL SUBSTITUTE CARE REVIEW BOARDS; REQUIRING TIMELY SUBMISSION OF REPORTS FOR LOCAL SUBSTITUTE CARE REVIEW BOARD REVIEW; AUTHORIZING THE DEPARTMENT OF FINANCE AND ADMINISTRATION TO USE UP TO ONE PERCENT FOR ADMINISTRATIVE EXPENSES AND TO PAY PER DIEM AND MILEAGE TO LOCAL SUBSTITUTE CARE REVIEW BOARD MEMBERS OUT OF FUNDS APPROPRIATED TO IMPLEMENT THE CITIZEN SUBSTITUTE CARE REVIEW ACT; PRESCRIBING APPOINTMENTS TO, THE COMPOSITION OF AND PERSONS EXCLUDED FROM SERVING ON LOCAL SUBSTITUTE CARE REVIEW BOARDS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 32A-8-3 NMSA 1978 (being Laws 1993, Chapter 77, Section 205) is amended to read:
"32A-8-3. [IMPLEMENTATION OF] AUTHORITY TO CONTRACT FOR SERVICES TO IMPLEMENT ACT--SERVICE REQUIREMENTS--CAP ON ADMINISTRATIVE EXPENSES.--
A. The department of finance and administration shall maintain and fund a contract with [a nonprofit] an organization having a demonstrated knowledge of the problem of children in substitute care and the issues in permanency planning to [operate] provide services to a statewide system of local substitute care review boards.
B. An organization that provides services to local substitute care review boards under this section shall provide each local substitute care review board's members and staff with all necessary reports and information at least seven calendar days before the local substitute care review board's scheduled case review. In no event shall such material be provided to the local substitute care review board less than ten calendar days before a scheduled court hearing for which the reports and information will be made part of the official court record.
C. The department of finance and administration shall be authorized to use up to one percent of funds appropriated for implementation of the Citizen Substitute Care Review Act for administrative expenses."
SECTION 2. Section 32A-8-4 NMSA 1978 (being Laws 1993, Chapter 77, Section 206) is amended to read:
"32A-8-4. STATE ADVISORY COMMITTEE--MEMBERS--COMPENSATION--RESPONSIBILITIES.--
A. A state advisory committee shall be composed of three persons with expertise in the area of substitute care, appointed by the secretary of finance and administration, and [also] one representative of each local substitute care review board. Each local board shall select its representative to the state advisory committee in accordance with procedures established by that committee. No person employed by the department or a district court may serve on the state advisory committee.
B. Terms of office of local substitute care review board members of the state advisory committee shall be coterminous with their terms as members of the local boards. Terms of office of members who are appointed by the secretary of finance and administration shall be for three years; provided, however, that appointment of the first state advisory committee members shall be to staggered terms so that one member shall serve for a term of three years, one member shall serve for a term of two years and one member shall serve for a term of one year. The term of each member shall expire on June 30 of the appropriate year. In the event that a vacancy occurs among the members of the state advisory committee appointed by the secretary of finance and administration, the secretary shall appoint another person to serve the unexpired portion of the term.
C. The state advisory committee shall select a chairperson, a vice chairperson, an executive committee and other officers as it deems necessary.
D. The state advisory committee shall meet no less than twice annually and more frequently upon the call of the chairperson or as the executive committee may determine. The state advisory committee is authorized to adopt reasonable rules relating to the functions and procedures of the local substitute care review boards and the state advisory committee in accordance with the duties of the boards as provided in the Citizen Substitute Care Review Act. These rules shall include guidelines for the determination of the appropriate type of review and the information needed for all cases to be monitored by the local substitute care review boards. The state advisory committee shall review [and coordinate] the activities of the local substitute care review boards and make recommendations to the department, the courts and the legislature, on or before January 1 of each year, regarding statutes, policies and procedures relating to substitute care.
E. State advisory committee members shall receive per diem and mileage as provided for nonsalaried public officers in the Per Diem and Mileage Act and shall receive no other compensation, perquisite or allowance. The department of finance and administration shall have the authority to pay per diem and mileage from funds appropriated for the purpose of implementing the Citizen Substitute Care Review Act."
SECTION 3. Section 32A-8-5 NMSA 1978 (being Laws 1993, Chapter 77, Section 207) is amended to read:
"32A-8-5. LOCAL BOARDS--APPOINTMENTS--COMPOSITION--EXCLUSION--[TERMS--TRAINING] COMPENSATION [MEETINGS].--
A. [The contractor, selected by the department of finance and administration pursuant to the provisions of Section 32-8-3 NMSA 1978, shall establish and maintain local] There shall be one local substitute care review board for each county unless:
(1) the board of county commissioners of two or more counties agree, with the consent of the secretary of finance and administration and the director of the administrative office of the courts, to merge their local substitute care review boards by memorandum of understanding; or
(2) a board of county commissioners determines, with the consent of the secretary of finance and administration and the director of the administrative office of the courts, that the volume of cases requires the creation of one or more additional boards.
B. Local substitute care review boards shall consist of five members, each of whom shall be appointed by the board of county commissioners for a term of three years. The board of county commissioners may remove an appointee at will by a majority vote. In the event that two or more local substitute care review boards have agreed pursuant to Subsection A of this section to merge their local substitute care review boards, the members shall be appointed or removed by the boards of county commissioners pursuant to the memorandum of understanding.
C. Each board shall, to the maximum extent feasible, represent the various socioeconomic, racial and ethnic groups of the community that it serves.
D. No person employed by the department of finance and administration, the children, youth and families department or a district court may serve on a local substitute care review board.
E. Local substitute care review boards [to] shall review, as provided in the Citizen Substitute Care Review Act, the disposition of children in the custody of the department prior to judicial review. [Each board shall, to the maximum extent feasible, represent the various socioeconomic, racial and ethnic groups of the community that they serve.
B. Criteria for membership and tenure on local substitute care review boards shall be determined by the state advisory committee, after consultation with the department of finance and administration and the contractor. No person employed by the department of finance and administration, the department or a district court may serve on a local substitute care review board.
C.] F. Each local substitute care review board shall elect a chairperson, a vice chairperson and other officers as it deems necessary.
[D.] G. Local substitute care review board members may receive per diem and mileage as provided for nonsalaried public officers in the Per Diem and Mileage Act and shall receive no other compensation, perquisite or allowance."
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