HOUSE BILL 418

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

INTRODUCED BY

Patricio Ruiloba

AN ACT

RELATING TO CHILDREN; PROVIDING FOR LAW ENFORCEMENT REFERRALS TO THE CHILDREN, YOUTH AND FAMILIES DEPARTMENT FOR SERVICES FOR RUNAWAY CHILDREN.

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

     SECTION 1. A new section of Chapter 29 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] SHORT TITLE.--Sections 1 through 4 of this act may be cited as the "Runaway Child Information and Reporting Act"."

     SECTION 2. A new section of Chapter 29 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] DEFINITION.--As used in the Runaway Child Information and Reporting Act, "runaway child" means a minor child who has left the child's lawfully prescribed home without the permission of the child's parent, guardian or custodian."

     SECTION 3. A new section of Chapter 29 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] RUNAWAY CHILD REPORTS--LAW ENFORCEMENT AGENCIES--DUTIES.--Immediately upon receiving a report of a runaway child, a law enforcement agency shall notify the children, youth and families department of the runaway child by telephone, facsimile or electronic transmission and provide a copy of the report."

     SECTION 4. A new section of Chapter 29 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] LOCATION OF RUNAWAY CHILD.--

          A. If a law enforcement officer locates the runaway child, that officer shall immediately notify the runaway child's parent, guardian or custodian; the person who reported the child as a runaway; the law enforcement agency that received the runaway child report; and the children, youth and families department.

          B. If the runaway child returns voluntarily to the child's home, the child's parent, guardian or custodian or the person who reported the child as a runaway shall immediately notify the law enforcement agency to which the report was made. That law enforcement agency shall immediately dispatch a law enforcement officer to the child's home to verify the child's presence and safety. The responding officer shall, immediately after, notify the children, youth and families department.

          C. Based on the responding officer's report that a runaway child has returned home voluntarily, the children, youth and families department shall contact the child and the child's parent, guardian or custodian by telephone or in person to determine whether the child and family are in need of services. The children, youth and families department may refer the child to services provided by the child's school-based health center, if any, as well as any other appropriate services or agencies."

     SECTION 5. Section 32A-1-21 NMSA 1978 (being Laws 2007, Chapter 185, Section 2, as amended) is amended to read:

     "32A-1-21. RUNAWAY CHILD--LAW ENFORCEMENT--REQUIRED AND PERMITTED ACTS--FAILURE TO REPORT RUNAWAY CHILD--PENALTY.--

          A. Whenever a law enforcement agency receives a report from a parent, guardian or custodian that a minor child over whom the parent, guardian or custodian has custody has, without permission, left the [home or residence] child's lawfully prescribed [for the child] home and the parent, guardian or custodian believes the child has run away, a law enforcement [agent] officer shall, in addition to making the missing child report required in Section 29-15-7.1 NMSA 1978, immediately notify the department.

          B. A law enforcement officer may help the parent, guardian or custodian locate [the] a runaway child and, if the child is located:

                (1) shall immediately notify the department;

                [A.] (2) may return the child to the parent, guardian or custodian unless safety concerns are present; provided that if safety concerns are present, the law enforcement officer shall take the child into protective custody following the procedures in Section 32A-3B-3 NMSA 1978;

                [B.] (3) may hold the child for up to six hours if the parent, guardian or custodian cannot be located; provided, however, that no child shall be placed in a secured setting pursuant to this section; or

                [C.] (4) shall consult with the department regarding the child's best interests and may, after the six hours has expired, [follow] take the child into protective custody following the procedures [outlined] in Section 32A-3B-3 NMSA 1978.

          C. A parent, guardian or custodian of a runaway child who does not report the child as a runaway after the child has been absent from the home without permission for thirty-six hours or longer may be charged with a petty misdemeanor and if convicted shall be sentenced pursuant to the provisions of Section 31-19-1 NMSA 1978."

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