HOUSE BILL 219

56th legislature - STATE OF NEW MEXICO - first session, 2023

INTRODUCED BY

Eleanor Chávez and Tara Jaramillo and Marian Matthews

AN ACT

RELATING TO CHILDREN; REQUIRING THE CHILDREN, YOUTH AND FAMILIES DEPARTMENT TO IMPLEMENT CASELOAD STANDARDS FOR INVESTIGATION CASE WORKERS, PERMANENCY PLANNING WORKERS, IN-HOME SERVICES PROVIDERS AND PLACEMENT WORKERS; REQUIRING THE CHILDREN, YOUTH AND FAMILIES DEPARTMENT TO PROVIDE ADDITIONAL COMPENSATION WHEN THE DEPARTMENT DOES NOT ADHERE TO CASELOAD STANDARDS.

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] CASELOAD STANDARDS--INVESTIGATION CASE WORKERS--PERMANENCY PLANNING WORKERS--IN-HOME SERVICES PROVIDERS--PLACEMENT WORKERS.--The department shall implement the following caseload standards:

          A. for investigation case workers, the standard shall be:

                (1) no more than twelve active cases or families total;

                (2) no primary assignments for the first two months after the completion of a new employee training program;

                (3) no more than three primary assignments at a time three to four months after the completion of a new employee training program; and

                (4) no more than six primary assignments at a time five to six months after the completion of a new employee training program;

          B. for permanency planning workers, the standard shall be:

                (1) no more than fifteen children on a caseload at a time;

                (2) no more than five children at a time, assigned as primary, for two months after the completion of a new employee training program, and these cases shall only consist of transferred cases;

                (3) no more than eight primary case assignments at a time three to four months after the completion of a new employee training program, and this can include new cases; and

                (4) no more than twelve primary case

assignments at a time five to six months after the completion of a new employee training program;

          C. for in-home services providers, the standard shall be no more than eight cases or families total; and

          D. for investigation case workers, the standard shall be:

                (1) no more than twelve active cases or families total;

                (2) no primary assignments for the first two months after the completion of a new employee training program;

                (3) no more than three primary assignments at a time three to four months after the completion of a new employee training program; and

                (4) no more than six primary assignments at a time five to six months after the completion of a new employee training program."

     SECTION 2. A new section of the Children's Code is

enacted to read:

     "[NEW MATERIAL] ADDITIONAL COMPENSATION--TIERS--INVESTIGATION CASE WORKERS--PERMANENCY PLANNING WORKERS--IN-HOME SERVICES PROVIDERS--PLACEMENT WORKERS.--

          A. If the caseload standards in Section 1 of this 2023 act are not adhered to by the department, the department shall follow the compensation scales as provided in Subsection B of this section and provide additional compensation for investigation case workers, permanency planning workers, in-home services providers and placement workers.

          B. The following compensation tiers shall take effect if the department does not adhere to the caseload standards in Section 1 of this 2023 act:

                (1) if an investigation case worker has:

                     (a) thirteen to twenty-four active cases, the investigation case worker shall receive an additional five dollars ($5.00) per hour in addition to the base hourly salary; 

                     (b) twenty-five to thirty-six active cases, the investigation case worker shall receive an additional seven dollars ($7.00) per hour in addition to the base hourly salary; and

                     (c) thirty-seven or more active cases, the investigation case worker shall receive an additional ten dollars ($10.00) per hour in addition to the base hourly salary;

                (2) if a permanency planning worker has:

                     (a) sixteen to thirty children on the permanency planning worker's caseload, the permanency planning worker shall receive an additional five dollars ($5.00) per hour in addition to the base hourly salary;

                     (b) thirty-one to forty-five children on the permanency planning worker's caseload, the permanency planning worker shall receive an additional seven dollars ($7.00) per hour in addition to the base hourly salary; and

                     (c) forty-six or more active cases, the permanency planning worker shall receive an additional ten dollars ($10.00) per hour in addition to the base hourly salary;

                (3) if an in-home services provider has:

                     (a) nine to sixteen active cases or families, the in-home services provider shall receive an additional five dollars ($5.00) per hour in addition to the base hourly salary;

                     (b) seventeen to twenty-four active cases or families, the in-home services provider shall receive an additional seven dollars ($7.00) per hour in addition to the base hourly salary; and

                     (c) twenty-five or more active cases or families, the in-home services provider shall receive an additional ten dollars ($10.00) per hour in addition to the base hourly salary; and

                (4) if a placement worker has:

                     (a) thirteen to twenty-four active cases, the placement worker shall receive an additional five dollars ($5.00) per hour in addition to the base hourly salary;

                     (b) twenty-five to thirty-six active cases, the placement worker shall receive an additional seven dollars ($7.00) per hour in addition to the base hourly salary; and

                     (c) thirty-seven or more active cases, the placement worker shall receive an additional ten dollars ($10.00) per hour in addition to the base hourly salary."

     SECTION 3. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2023.

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