HOUSE BILL 271

52nd legislature - STATE OF NEW MEXICO - first session, 2015

INTRODUCED BY

Gail Chasey

AN ACT

RELATING TO CHILDREN; REQUIRING THE CHILDREN, YOUTH AND FAMILIES DEPARTMENT AND THE PUBLIC EDUCATION DEPARTMENT TO SHARE CERTAIN INFORMATION.

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

     SECTION 1. A new section of the Public School Code, Section 22-2-23 NMSA 1978, is enacted to read:

     "22-2-23. [NEW MATERIAL] EDUCATIONAL SUCCESS FOR CHILDREN IN STATE CARE.--

          A. Before December 31, 2015, the children, youth and families department and the public education department shall establish the following procedures for sharing data and reporting outcomes helpful to better assessing and meeting the educational challenges of students in the state's care as a result of abuse or neglect:

                (1) at least once per month, the children, youth and families department shall provide the public education department with a list of students in the state's care and for each student the following information:

                     (a) the student's current place of residence;

                     (b) the name and contact information of the student's foster parent or other responsible adult at the student's place of residence;

                     (c) the name and contact information for the children, youth and families department staff person responsible for care oversight of the student;

                     (d) the name and contact information of the individual responsible for making education decisions regarding the student; and

                     (e) the student's home school; and

                (2) at least once per month, the public education department shall inform each school district of any students enrolled in the school district who are in the state's care and shall provide the school districts information about the students that will be helpful in ensuring that students in the state's care receive appropriate educational supports and services. Alternatively, the public education department may allow staff of the children, youth and families department direct access to the public education department's data system for the purpose of accessing the education records of students in the state's care.

          B. The public education department shall issue an annual report on the aggregated educational status of students in the state's care, including the number of students in the state's care, academic achievement, graduation rates, truancy rates, special education eligibility rates by category of special education eligibility, suspension and expulsion rates and dropout rates.

          C. The public education department shall establish rules governing how school districts will share with staff at the children, youth and families department the educational records of students enrolled in a school district or formerly enrolled in a school district who are in the state's care. Not later than August 31, 2015, each local school board shall establish policies that govern how that school district shares educational records of students who are in the state's care.

          D. As used in this section, "students in the state's care" means children who have been placed in the custody of the children, youth and families department by a court order, and does not require physical placement of the child out of the home."

     SECTION 2. 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.

          B. The records described in Subsection A of this section shall be disclosed only to the parties and:

                (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 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 and public education department employees 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) children's safehouse organizations conducting investigatory interviews of children on behalf of a law enforcement agency or the department; and

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

          C. 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. 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. 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."

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