HOUSE BILL 333

51st legislature - STATE OF NEW MEXICO - second session, 2014

INTRODUCED BY

W. Ken Martinez

AN ACT

RELATING TO CHILDREN; REQUIRING THE CHILDREN, YOUTH AND FAMILIES DEPARTMENT TO IMMEDIATELY TAKE CUSTODY OF CHILDREN SHOWING CERTAIN SIGNS OF ABUSE; REQUIRING PARENTS, GUARDIANS OR CUSTODIANS TO COMPLETE COUNSELING BEFORE TAKING CUSTODY OF A CHILD IN CERTAIN CIRCUMSTANCES; DECLARING AN EMERGENCY.

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

     SECTION 1. A new section of the Children's Code is enacted to read:

     "[NEW MATERIAL] EVIDENCE OF ABUSE--MANDATORY REMOVAL--CONDITIONS FOR RETURN.--

          A. Notwithstanding any other provision of the Children's Code, upon a report of abuse, the presence of any of the following injuries on a child's body shall constitute prima facie evidence of abuse of the child and shall require the department to take custody of the child immediately upon receipt of report of the injuries:

                (1) burns, including cigarette burns, blistering or scalds;

                (2) bruises that evidence the shape of a body part or an object that caused the bruise;

                (3) multiple bruises, simultaneously present on the face, head, neck or other body part;

                (4) repeated appearance of similar bruises, lacerations, welts or bone fractures;

                (5) adult-sized bite marks;

                (6) injuries apparently caused by ligatures;

                (7) multiple types of injuries, simultaneously present on a child's body;

                (8) multiple similar injuries or bruises, simultaneously present on a child's body, that are in various stages of healing; and

                (9) any other injury that evidences injuries that can be reasonably believed to be caused by abuse.

          B. The department shall hold a child who is taken into custody pursuant to Subsection A of this section, and a hearing on the evidence of abuse shall be held within forty-eight hours.

          C. Following a court's finding of abuse, a child who was taken into custody by the department pursuant to Subsection A of this section shall not be returned to the custody of the child's parent, guardian or custodian against whom two substantiated claims of abuse or neglect have been made before that parent, guardian or custodian receives professional counseling addressing anger management, parenting skills, child abuse or other relevant topics."

     SECTION 2. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.

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