SB 150 — CYFD PLAN OF CARE FAILURE ASSESSMENTS

SENATE BILL 150 56TH LEGISLATURE -STATEOFNEWMEXICO-- STATEOFNEWMEXICO- FIRST SESSION, 2023 INTRODUCED BY Gay G.

Kernan 6This 8document 10may ANincorporate ACTamendments RELATINGproposed TOby CHILDREN;a committee, but not yet adopted, as well as amendments that have been adopted during the current legislative session.

REQUIRINGThe THEdocument CHILDREN,is YOUTHa ANDtool FAMILIESto DEPARTMENTshow TOamendments CONDUCTin ASSESSMENTS,context PROVIDEand SERVICEScannot ANDbe CONDUCTused ANfor INVESTIGATIONthe UPONpurpose Aof FAILUREadding TOamendments COMPLYto WITHlegislation. A PLAN OF CARE.

16h BEAN ITACT ENACTEDg BYo THERELATING LEGISLATURETO OFCHILDREN; THE STATE OF NEW MEXICO:

eREQUIRING THE CHILDREN, YOUTH AND t 17hr SECTIONg 1.e i k FAMILIES DEPARTMENT TO CONDUCT ASSESSMENTS SHPACº ,»SHPAC h r i s SHPACºAND»SHPAC PROVIDE SERVICES SHPACºAND CONDUCT AN h , t, INVESTIGATION»SHPAC UPON A FAILURE TO COMPLY WITH A PLAN OF e u g e b l e e h CARE.

Sectionn 32A-3A-14d NMSAd 1978i (being= Laws= 2019,o wh l n] db 18,d Chapteri 190,a Sectionº 4)e isBE amendedIT toENACTED read:BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

=r i = 19r t e w d m a ln "32A-3A-14.o SECTION 1.

NOTIFICATIONSection TO32A-3A-14 THENMSA DEPARTMENT1978 OF(being iLaws a2019, ed r 20 NONCOMPLIANCE WITH A PLAN OF CARE.-- a t m m: 21 A.

Ifb thee parents, relatives, guardians or d rs eº 22o caretakerst ofn a= child.223220.1AIC releasedFebruary from7, a2023 hospital(11:14am) or freestanding c e s k 23m birthinge center pursuant to a plan of care fail to comply with e a n be 24d thatr plan,e thel departmentu shall[ beA notifiedd andChapter the190, departmentSection u4) [is [may]amended shallto conductread: a family assessment.

Based"32A-3A-14. on the results .223220.1 of the family assessment, the department [may] shall offer or provide referrals for counseling, training or other services aimed at addressing the underlying causative factors that may jeopardize the safety or well-being of the child.

TheNOTIFICATION child'sTO parents,THE relatives,DEPARTMENT guardiansOF orNONCOMPLIANCE caretakersWITH mayA choosePLAN toOF acceptCARE.-- orA. decline any service or program offered subsequent to the family assessment;

providedIf that if the child's parents, relatives, guardians or caretakers declineof thosea serviceschild released from a hospital or programs,freestanding birthing center pursuant to a plan of care fail to comply with that plan, the department [may]shall be notified and the department [may ] shall proceedconduct witha anfamily investigation.assessment.

B.Based on the results of the family assessment, the department [may] shall SJCºoffer or»SJC provide referrals for counseling, training or other services aimed at addressing the underlying causative factors that may jeopardize the safety or well-being of the child.

AsSJCºThe usedchild's inparents, thisrelatives, section,guardians "familyor assessment"caretakers meansmay achoose comprehensive assessment prepared by the department at the time the department receives notification of failure to complyaccept withor thedecline planany ofservice care to determine the needs of a child and the child's parents, relatives, guardians or caretakers,program includingoffered ansubsequent assessmentto of the likelihoodfamily of:assessment;

eprovided tthat 17if (1)the imminentchild's dangerparents, torelatives, aguardians child'sor well-being;caretakers decline those services or programs, the»SJC SJCºThe»SJC department h g SHPACº [may]»SHPAC SHPACºmay»SHPAC SHPACºshall»SHPAC proceed o t hr with an investigation.

wg le ni dk 18B. (2) the child becoming an abused child or = = 19 a l neglected child;

andAs used in this section, "family assessment" h r i s h means a ecomprehensive rassessment 20prepared (3)by the strengthsdepartment andat needs, oft, thee child'su ag tthe mtime mthe 21department familyreceives members,notification includingof parents,failure relatives,to guardianse orb dl re e 22h caretakers,comply with respectthe toplan providingof forcare to determine the healthneeds andof safetya cchild en sd kd 23i of= = o h l ] b ,d and the child."child's eparents, relatives, guardians or caretakers, i a nº be 24r -i 2= -r uincluding [an .223220.1assessment of the likelihood of:

t e w d m a n o (1) imminent danger to a child's well-being;

d m :

b e d s º o t n = .223220.1AIC February 7, 2023 (11:14am) s k m e - 2 - e a n e d r e l u [ A d (2) the child becoming an abused child or neglected child;

and (3) the strengths and needs of the child's family members, including parents, relatives, guardians or caretakers, with respect to providing for the health and safety of the child." - 3 - » g o » r h t i k l i g t h s , e h t l i w l b l e e , g n d l h = = b , a l º d i a r e r = , a t e d m a n o d m :

b r e t º o t n = .223220.1AIC February 7, 2023 (11:14am) s k em e e a n e d r e l u [ A d