0001|                           SENATE BILL 1207
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0002|     43rd legislature - STATE OF NEW MEXICO - first session, 1997
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0003|                            INTRODUCED BY
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0004|                            L. SKIP VERNON
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0005|     
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0006|                                   
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0007|     
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0008|                                   
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0009|     
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0010|                                AN ACT
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0011|     RELATING TO CHILDREN; PROVIDING THAT LAW ENFORCEMENT AGENCIES
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0012|     HAVE THE RESPONSIBILITY TO INVESTIGATE CERTAIN REPORTS OF
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0013|     ALLEGED CHILD ABUSE OR NEGLECT; AMENDING A SECTION OF THE
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0014|     CHILDREN'S CODE.
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0015|     
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0016|     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0017|          Section 1.  Section 32A-4-3 NMSA 1978 (being Laws 1993,
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0018|     Chapter 77, Section 97) is amended to read:
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0019|          "32A-4-3.  DUTY TO REPORT CHILD ABUSE AND CHILD NEGLECT--
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0020|     PENALTY.--
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0021|               A.  Every person, including but not limited to a
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0022|     licensed physician, a resident or an intern examining,
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0023|     attending or treating a child, a law enforcement officer, a
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0024|     judge presiding during any proceeding, a registered nurse, a
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0025|     visiting nurse, a schoolteacher or a school official or social
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0001|     worker acting in an official capacity who knows or has a
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0002|     reasonable suspicion that a child is an abused or a neglected
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0003|     child shall report the matter immediately to: 
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0004|                    (1)  a local law enforcement agency;
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0005|                    (2)  the department office in the county where
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0006|     the child resides; or
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0007|                    (3)  tribal law enforcement or social services
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0008|     agencies for any Indian child residing in Indian country.
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0009|               B.  Any law enforcement agency receiving the report
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0010|     shall immediately transmit the facts of the report and the
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0011|     name, address and phone number of the reporter by telephone to
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0012|     the department office in the county where the child resides and
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0013|     shall transmit the same information in writing within
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0014|     forty-eight hours.  Any office of the department receiving a
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0015|     report shall immediately transmit the facts of the report and
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0016|     the name, address and phone number of the reporter by telephone
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0017|     to a local law enforcement agency and shall transmit the same
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0018|     information in writing within forty-eight hours.  The written
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0019|     report shall contain the names and addresses of the child and
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0020|     the child's parents, guardian or custodian, the child's age,
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0021|     the nature and extent of the child's injuries, including any
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0022|     evidence of previous injuries, and other information that the
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0023|     maker of the report believes might be helpful in establishing
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0024|     the cause of the injuries and the identity of the person <s>[or
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<s></s>0025| <s>    persons]</s> responsible for the injuries.  The written report
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0001|     shall be submitted upon a standardized form agreed to by the
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0002|     law enforcement agency and the department.
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0003|               C.  The recipient of the report under Subsection A
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0004|     of this section shall take immediate steps to ensure prompt
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0005|     investigation of the report.  The investigation shall ensure
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0006|     that immediate steps are taken to protect the health or welfare
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0007|     of the <u>alleged</u> abused or neglected child, as well as that of
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0008|     any other child under the same care who may be in danger of
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0009|     abuse or neglect. 
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0010|               D.  Upon a determination by the department that any
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0011|     child may have suffered or is in imminent danger of suffering
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0012|     abuse or neglect while in the care or control of or in a child
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0013|     care facility or family day-care home, the department shall
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0014|     immediately notify the parents of the child and the agency
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0015|     responsible for licensing the child care facility or family
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0016|     day-care home.  No determination shall be made prior to
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0017|     consultation with the facility.
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0018|               E.  If the child alleged to be abused or neglected
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0019|     is in the care or control of or in a facility administratively
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0020|     connected to the department, the report shall be investigated
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0021|     <s>[through the office of the district attorney]</s> <u>by a local law
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<u></u>0022| <u>    enforcement agency</u>.  The investigation shall ensure that
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0023|     immediate steps are taken to protect the health or welfare of
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0024|     the <u>alleged</u> abused or neglected child, as well as that of any
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0025|     other child under the same care who may be in danger of abuse
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0001|     or neglect.
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0002|               F.  A law enforcement agency or the department shall
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0003|     have access to any of the records pertaining to a child abuse
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0004|     or neglect case maintained by any of the persons enumerated in
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0005|     Subsection A of this section, except as otherwise provided in
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0006|     the Abuse and Neglect Act.
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0007|               G.  Any person who violates the provisions of
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0008|     Subsection A of this section is guilty of a misdemeanor and
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0009|     shall be sentenced pursuant to the provisions of Section
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0010|     31-19-1 NMSA 1978."
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0011|          Section 2.  EFFECTIVE DATE.--The effective date of the
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0012|     provisions of this act is July 1, 1997.
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0013|                                  
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