44TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 1999

RELATING TO FAMILIES; AMENDING THE FAMILY PRESERVATION ACT TO CHANGE THE SHORT TITLE AND RELATED PROVISIONS TO THE FAMILY SUPPORT ACT; ENACTING THE FAMILY PRESERVATION ACT.

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

Section 1. [NEW MATERIAL] SHORT TITLE.--Sections 1 through 4 of this act may be cited as the "Family Preservation Act".

Section 2. [NEW MATERIAL] LEGISLATIVE PURPOSE.--The purpose of the Family Preservation Act is to confirm the state's policy of support for the family and to emphasize the responsibilities of parents and the state in the healthy development of children and the family as an institution. That act is also intended to serve as a benchmark against which other legislation can be measured to assess whether it furthers the goals of preserving and enhancing families in New Mexico.

Section 3. [NEW MATERIAL] FAMILY PRESERVATION GOALS--STATEMENT OF POLICY.--It is the policy of the state that its laws and programs should:

A. support intact, functional families and promote each family's ability and responsibility to raise its children;

B. strengthen families in crisis and at risk of losing their children, so that children can remain safely in their own homes and communities;

C. promote the creation of well-paying, stable jobs so that families can provide for their basic needs, including health, education, food, clothing and shelter; and

D. help halt the breakup of the nuclear family, stabilize neighborhoods and strengthen communities.

Section 4. [NEW MATERIAL] PARENTAL AND STATE RESPONSIBILITIES.--

A. Parents have joint primary responsibility for the well-being of their family. Parents have the primary responsibility to:

(1) ensure that their children have adequate food, shelter, health care and a healthy environment;

(2) support their children in all ways possible to grow up to be responsible, caring members of society;

(3) ensure that their children receive quality education both in and out of school to prepare them for active and productive adult lives;

(4) protect their children from the serious dangers of narcotics, alcohol and other harmful substances; and

(5) protect their children from all forms of exploitation harmful to any aspect of their welfare.

B. The state has a responsibility to develop plans to:

(1) make available to families free, quality public primary and secondary educational institutions;

(2) provide public safety services so that family members are safe in their homes, schools, workplaces and recreational settings;

(3) make available social service programs that support vulnerable families and protect children in danger of physical or serious emotional harm;

(4) develop programs that build on the strengths of families and connect them with community resources;

(5) provide parents with access to the training and support they need to raise their children, to function effectively as parents and to play a key role in helping preschool and growing children learn; and

(6) assist parents in carrying out their primary responsibility of providing for the well-being of their family.

Section 5. Section 32A-17-1 NMSA 1978 (being Laws 1993, Chapter 77, Section 218) is amended to read:

"32A-17-1. SHORT TITLE.--Chapter [32] 32A, Article 17 NMSA 1978 may be cited as the "Family [Preservation] Support Act"."

Section 6. Section 32A-17-2 NMSA 1978 (being Laws 1993, Chapter 77, Section 219) is amended to read:

"32A-17-2. DEFINITIONS.--As used in the Family [Preservation] Support Act, "family [preservation] support services" means short-term, intensive services, provided to a family whose child may reasonably be expected to face out-of-home placement, that are designed to teach a family new skills to help the family remain intact and able to care for the child at home."

Section 7. Section 32A-17-3 NMSA 1978 (being Laws 1993, Chapter 77, Section 220) is amended to read:

"32A-17-3. ELIGIBILITY.--Family [preservation] support services may be provided, considering available resources, to a family whose child is at-risk for placement as:

A. an abused child;

B. a neglected child;

C. a child of a family in need of services;

D. an emotionally disturbed child; or

E. a delinquent child."

Section 8. Section 32A-17-4 NMSA 1978 (being Laws 1993, Chapter 77, Section 221) is amended to read:

"32A-17-4. SERVICE DELIVERY.--

A. The department shall coordinate and implement the provision of family [preservation] support services. The state department of public education shall assist the department by identifying children in public schools who are at-risk for the purpose of making family [preservation] support services available to the families of those children. The department shall ensure the statewide quality of family [preservation] support services by:

(1) providing standards and policies for family [preservation] support services that are family centered and that identify family strengths;

(2) monitoring the provision of family [preservation] support services to ensure that the services satisfy standards established by the department;

(3) providing training for persons who provide family [preservation] support services; and

(4) establishing a standardized intake process for the purpose of rapidly assessing the needs of a child and family referred for family [preservation] support services.

B. A person who works in a family [preservation] support services program shall:

(1) provide family [preservation] support services in the family's home or any other natural setting;

(2) provide direct crisis intervention and therapeutic services, to be available twenty-four hours per day, seven days a week, as needed for each family;

(3) assist with the solution of practical problems that contribute to family stress, so as to affect improved parental performance and enhanced functioning of the family unit; and

(4) arrange for additional assistance, to the extent of available resources, for the family, including housing, child care, education and training, emergency cash grants, state and federally funded public assistance or any other basic support or social service appropriate for the family."

Section 9. Section 32A-17-5 NMSA 1978 (being Laws 1993, Chapter 77, Section 222) is amended to read:

"32A-17-5. QUALIFICATIONS.--A person who provides family [preservation] support services shall have appropriate training, experience, supervision and continuing education to carry out his duties."

Section 10. Section 32A-17-6 NMSA 1978 (being Laws 1993, Chapter 77, Section 223) is amended to read:

"32A-17-6. EVALUATION.--The secretary of the department shall conduct an annual evaluation of family [preservation] support services and the data collected during the evaluation shall be compiled in a manner that promotes comparison with data collected from similar programs in other states."