SENATE PUBLIC AFFAIRS COMMITTEE SUBSTITUTE FOR

SENATE BILL 115

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

 

 

 

 

 

 

 

AN ACT

RELATING TO CITIZEN SUBSTITUTE CARE REVIEW BOARDS; PROVIDING FOR THE ADMINISTRATIVE OFFICE OF THE COURTS TO ADMINISTER THE SUBSTITUTE CARE REVIEW BOARD SYSTEM; REVISING THE STATE ADVISORY COMMITTEE COMPOSITION.

 

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. ADMINISTRATION--IMPLEMENTATION OF ACT.--The [department of finance and administration shall maintain and fund] administrative office of the courts shall administer the substitute care review board system using the office's staff or through a contract with a nonprofit organization [having] that has a demonstrated knowledge of the problem of children in substitute care and the issues in permanency planning to operate a statewide system of [local] substitute care review boards."

     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] eleven persons, including:

                (1) the secretary of children, youth and families;

                (2) the director of the protective services division of the department;

                (3) the attorney general; and

                (4) the following members, whom the chief justice shall appoint:

                     (a) a justice of the supreme court;

                     (b) three children's court judges;

                     (c) two individuals who are between seventeen and thirty years of age and who formerly received foster care in the state; and

                     (d) two public members with expertise in the area of substitute care.

          [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]

          B. On July 1, 2015, the chief justice of the supreme court shall appoint those 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] specified in Paragraph (4) of Subsection A of this section, who shall serve terms of three years and who may be reappointed. In the event that a vacancy occurs among [the members of] appointed members of the state advisory committee, [appointed by the secretary of finance and administration] the [secretary] chief justice of the supreme court shall appoint another person to serve the unexpired portion of the term.

          C. The [state advisory committee] chief justice of the supreme court shall select a chairperson, a vice chairperson [an executive committee] and other officers as [it] the chief justice 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] study the purpose, structure, functions and oversight of the substitute care review boards. [and] The state advisory committee is authorized to adopt rules relating to the functions and procedures of the 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. The state advisory committee shall make a report with its recommendations to the department, the courts and the [legislature] appropriate interim legislative committees, on or before [January] November 1 of each year, regarding statutes, policies and procedures relating to substitute care. This report shall include recommendations regarding any changes to the local substitute care review boards.

          E. The administrative office of the courts shall report to the legislative health and human services committee in 2018 and every four years thereafter as to the effectiveness and functions of the Citizen Substitute Care Review Act.

          [E.] F. State advisory committee members shall receive per diem and mileage as provided for nonsalaried public officers in the Per Diem and Mileage Act [and], unless a different provision of that act applies to a specific member, in which case that member shall be paid pursuant to the applicable provision. Members shall receive no other compensation, perquisite or allowance."

     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--EXCLUSION--TERMS--TRAINING--COMPENSATION--MEETINGS.--

          A. The state advisory committee shall establish no fewer than three substitute care review boards. The administrative office of the courts or a contractor that is selected by the [department of finance and administration] administrative office of the courts pursuant to the provisions of Section [32-8-3] 32A-8-3 NMSA 1978 shall [establish and maintain local] administer substitute care review boards [to review] as provided in the Citizen Substitute Care Review Act [the disposition of children in the custody of the department prior to judicial review]. The composition of each board shall, to the maximum extent feasible, represent the various socioeconomic, racial and ethnic groups of the community that [they serve] each board serves.

          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] administrative office of the courts, the department or a district court may serve on a [local] substitute care review board.

          C. [Each local substitute care review board shall elect a chairperson, a vice chairperson and other officers as it deems necessary.] The state advisory committee shall determine the structure for each substitute care review board. In consultation with local children's court judges, the chief justice of the supreme court shall appoint the members and officers of each substitute care review board.

          D. [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."

     SECTION 4. Section 32A-8-6 NMSA 1978 (being Laws 1993, Chapter 77, Section 208) is repealed and a new Section 32A-8-6 NMSA 1978 is enacted to read:

     "32A-8-6. [NEW MATERIAL] SUBSTITUTE CARE REVIEW BOARDS.--

          A. The state advisory committee shall establish substitute care review boards that provide opportunities for citizens to play an integral role in furthering the purposes of the Citizen Substitute Care Review Act. The state advisory committee shall identify focus areas and case selection criteria for the substitute care review boards.

          B. Upon request of the state advisory committee, a substitute care review board shall prepare a report that summarizes the activities of that board and provides recommendations to the state advisory committee."

     SECTION 5. Section 32A-8-7 NMSA 1978 (being Laws 1993, Chapter 77, Section 209) is amended to read:

     "32A-8-7. [TEMPORARY PROVISIONS] CITIZEN SUBSTITUTE CARE REVIEW--TRANSFER--FUNDS--CONTRACTS.--

          A. On [the effective date of the Children's Code] July 1, 2015, all records [personnel], money, property, equipment and supplies of the department of finance and administration relating to the Citizen Substitute Care Review Act shall be transferred to the [department of finance and administration] administrative office of the courts.

          B. On [the effective date of the Children's Code] July 1, 2015, all appropriations, contract funds and funds for contract administration and staff, the cost of advisory committee per diem and travel, training and all other costs relating to the Citizen Substitute Care Review Act shall be transferred from the department of finance and administration to the [department of finance and administration] administrative office of the courts.

          C. On [the effective date of the Children's Code] July 1, 2015, all existing rules and regulations and contracts [and agreements] in effect as of January 1, 2015 with the department of finance and administration for providing a statewide system of [local] substitute care review boards shall be binding and effective on the [department of finance and administration] administrative office of the courts."

     SECTION 6. 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 plans;

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

                [(8)] (7) 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 7. Section 32A-3B-22 NMSA 1978 (being Laws 1993, Chapter 77, Section 94, as amended) is amended to read:

     "32A-3B-22. CONFIDENTIALITY--RECORDS--PENALTY.--

          A. All records or information concerning a family in need of court-ordered services, including social records, diagnostic evaluation, psychiatric or psychological reports, videotapes, transcripts and audio recordings of a child's statement of abuse or medical reports, obtained as a result of an investigation in anticipation of or incident to a family in need of court-ordered services 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 to:

                (1) court personnel;

                (2) court appointed special advocates;

                (3) the child's guardian ad litem or attorney;

                (4) the child's attorney representing the child in an abuse or neglect action, a delinquency action or any other action, including a public defender;

                (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;

                (8) district attorneys;

                (9) a state or tribal government social services agency of any state;

                (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) tribal juvenile justice system and social service representatives;

                (12) 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;

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

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

                (15) 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; 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. Whoever intentionally and unlawfully releases any information or records that are closed to the public pursuant to the provisions of the Children's Code or releases or makes other unlawful use of records in violation of that code is guilty of a petty misdemeanor.

          D. 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 8. 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. At the initial review, the parties shall demonstrate to the court efforts made to implement the treatment plan approved by the court in its dispositional order. The court shall determine the extent to which the treatment plan has been implemented and make supplemental orders as necessary to ensure compliance with the treatment plan and the safety of the child. [Prior to the initial judicial review, the department shall submit a copy of the adjudicatory order, 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 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 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 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 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 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 have been corrected and it is now safe for the return of the abused 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 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 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 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 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 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.] J. 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 9. 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 Subsection D 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 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;

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

                (5) 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 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. 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, 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 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. 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. The court shall hold permanency hearings every twelve months when a child is in the legal custody of the department.

          H. 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. 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 plan. All testimony shall be subject to cross-examination."

     SECTION 10. 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 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."

     SECTION 11. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2015.

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