SENATE HEALTH AND PUBLIC AFFAIRS COMMITTEE SUBSTITUTE FOR

SENATE BILL 207

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

AN ACT

RELATING TO CHILDREN; REQUIRING A BEST INTERESTS OF THE CHILD DETERMINATION IN ALL ABUSE AND NEGLECT PROCEEDINGS; PROVIDING A BEST INTERESTS OF THE CHILD STANDARD IN ABUSE AND NEGLECT PROCEEDINGS.

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

     SECTION 1. A new section of the Abuse and Neglect Act is enacted to read:

     "[NEW MATERIAL] BEST INTERESTS OF THE CHILD DETERMINATION REQUIREMENT--BEST INTERESTS OF THE CHILD STANDARD.--

          A. The best interests of the child standard reflects the protection of a child from abuse and neglect. In proceedings to terminate parental rights and for permanent guardianship, the following factors shall be considered in determining the best interests of the child:

                (1) the child's age and physical and mental vulnerabilities;

                (2) the frequency and nature of any out-of-home placements for the child;

                (3) the frequency, magnitude and other circumstances of the harm to the child;

                (4) any repeated harm suffered by the child;

                (5) any fear by the child of living in or returning to the home from which the child was removed, current placement or potential placement;

                (6) the results of psychiatric, psychological or developmental evaluations of the child, the child's parents or other family members;

                (7) any history of abusive conduct by the child's family or others who have access to the child's home;

                (8) any history of substantiated claims of substance abuse by the child's family or others who have access to the child's home;

                (9) whether the perpetrator of the harm to the child is identified;

                (10) whether an identified perpetrator has or may have continued access to the child;

                (11) the circumstances under which a parent voluntarily relinquished parental rights to the child;

                (12) the willingness and ability of the child's family to:

                     (a) seek, accept and complete family services, including services that address specific needs of the child or family;

                     (b) cooperate with and facilitate close supervision by an appropriate agency; and

                     (c) complete psychological, domestic violence and substance abuse assessments;

                (13) the willingness and ability of the child's family to effect positive environmental and personal changes within a reasonable period of time;

                (14) a demonstration by the child's family of adequate parenting skills, including providing the child and other children under the family's care with:

                     (a) minimally adequate health and nutritional care;

                     (b) nurture, care and appropriate discipline consistent with the child's physical and psychological development;

                     (c) guidance and supervision consistent with the child's safety;

                     (d) a safe home environment;

                     (e) protection from repeated exposure to violence even though the violence may not be directed at the child; and

                     (f) an understanding of the child's needs and capabilities; and

                (15) the availability of an adequate social support system for the child consisting of an extended family and friends.

          B. Nothing in Subsection A of this section shall apply to the Indian Family Protection Act."

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