SENATE BILL 28

54th legislature - STATE OF NEW MEXICO - first session, 2019

INTRODUCED BY

Michael Padilla

AN ACT

RELATING TO FOSTER CARE; REQUIRING A CHILD TAKEN INTO PROTECTIVE CUSTODY BY THE CHILDREN, YOUTH AND FAMILIES DEPARTMENT TO BE PLACED WITH A RELATIVE OF THE CHILD WHEN A RELATIVE IS AVAILABLE TO PROVIDE FOSTER CARE; REQUIRING THE CHILDREN, YOUTH AND FAMILIES DEPARTMENT TO MAKE REASONABLE EFFORTS TO LOCATE A RELATIVE OF THE CHILD TO PROVIDE FOSTER CARE; REQUIRING RELATIVES PROVIDING FOSTER CARE TO INITIATE LICENSING PROCEDURES WITHIN THREE DAYS OF ACCEPTING CUSTODY OF A CHILD.

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

     SECTION 1. Section 32A-3B-6 NMSA 1978 (being Laws 1993, Chapter 77, Section 78) is amended to read:

     "32A-3B-6. PLACE OF CUSTODY.--

          A. Unless a child from a family in need of services who has been placed in department custody is also alleged or adjudicated delinquent:

                (1) the child shall not be held in a jail or other facility intended or used for the incarceration of adults charged with criminal offenses or for the detention of children alleged to be delinquent children [but may be placed in the following community-based shelter-care facilities]; and

                (2) there shall be a preference that the child be placed in the home of a relative of the child when a relative is available to provide foster care; provided that:

                     (a) placement with a relative is in the best interest of the child;

                    (b) the relative signs a sworn statement that the relative will not return the child to or allow unsupervised visits with the parent, guardian or custodian who is alleged to have committed the abuse or neglect until otherwise directed by the department or the court; and

                     (c) within three days of accepting custody of the child, the relative completes an application form for licensure to operate a foster home pursuant to the Children's Code. 

          B. The department shall make reasonable efforts to locate a relative of the child to provide foster care. If a relative is not available to provide foster care, the child may be placed in:

                [A.] (1) a licensed [foster-care] foster home or any home authorized under the law for the provision of foster care or group care or use as a protective residence;

                [B.] (2) a facility operated by a licensed child welfare services agency; or

                [C.] (3) a facility provided for in the Children's Shelter Care Act [or

          D. in a home of a relative of the child, when the relative provides the court with a sworn statement that the relative will not return the child to the dangerous surroundings that prompted protective custody for the child]."

     SECTION 2. Section 32A-4-8 NMSA 1978 (being Laws 1993, Chapter 77, Section 102) is amended to read:

     "32A-4-8. PLACE OF TEMPORARY CUSTODY.--

          A. Unless a child alleged to be neglected or abused is also alleged or adjudicated delinquent:

                (1) the child shall not be held in a jail or other facility intended or used for the incarceration of adults charged with criminal offenses or for the detention of children alleged to be delinquent children [but may be placed in the following community-based shelter-care facilities:

          A. with a relative of the child who is willing to guarantee to the court that the child will not be returned to the alleged abusive or neglectful parent, guardian or custodian without the prior approval of the court]; and

                (2) there shall be a preference that the child be placed in the home of a relative of the child when a relative is available to provide foster care; provided that:

                     (a) placement with a relative is in the best interest of the child;

                     (b) the relative signs a sworn statement that the relative will not return the child to or allow unsupervised visits with the parent, guardian or custodian who is alleged to have committed the abuse or neglect, unless otherwise directed by the department or the court; and

                     (c) within three days of accepting custody of the child, the relative completes an application form for licensure to operate a foster home pursuant to the Children's Code. 

          B. The department shall make reasonable efforts to locate a relative of the child to provide foster care. If a relative is not available to provide foster care, the child may be placed in:

                [B.] (1) a licensed foster home or any home authorized under the law for the provision of foster care or group care or use as a protective residence;

                [C.] (2) a facility operated by a licensed child welfare services agency; or

                [D.] (3) a facility provided for in the Children's Shelter Care Act."