SB 207 — CHILD ABUSE BEST INTEREST STANDARD

SENATE HEALTH AND PUBLIC AFFAIRS COMMITTEE SUBSTITUTE FOR SENATE BILL 207 56TH LEGISLATURE -STATEOFNEWMEXICO- FIRST SESSION, 2023 INTRODUCED4 BY Gregg Schmedes 6 8 10 AN ACT RELATING TO CHILDREN;

PROVIDINGREQUIRING A BEST INTERESTS OF THE CHILD STANDARDDETERMINATION IN ALL ABUSE AND NEGLECT CASES.PROCEEDINGS;

14PROVIDING BEA ITBEST ENACTEDINTERESTS BYOF THE LEGISLATURECHILD OFSTANDARD THEIN STATEABUSE OFAND NEWNEGLECT MEXICO:PROCEEDINGS.

SECTION16 1.BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Ae newt section17 ofSECTION the1. Abuse and Neglect Act is enacted to read:

eA tnew 17section "[NEWof MATERIAL]the BESTAbuse INTERESTSand OFNeglect THEAct CHILDis STANDARD.--In w l n d 18 allenacted matters and proceedings pursuant to theread: Abuse and Neglect = = 19 a l Act, the following factors shall be considered in determining i a e r 20 the best interests of the child:

= = 19 a l "[NEW MATERIAL] BEST INTERESTS OF THE CHILD DETERMINATION i a e r 20 REQUIREMENT--BEST INTERESTS OF THE CHILD STANDARD.-- a t m m 21 A.

theThe child'sbest ageinterests andof physicalthe andchild mentalstandard d r e 22 vulnerabilities;reflects the protection of a child from abuse and neglect.

In c e s k 23 B.proceedings to terminate parental rights and for permanent e a n b 24 guardianship, the following factors shall be considered in u [ determining the best interests of the child:

the.225148.2 frequencySHPAC/SB and207 nature(1) ofthe anychild's out-of-homeage eand aphysical nand bmental 24vulnerabilities; placements for the child;

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

(3) the frequency, magnitude and other circumstances .224233.1 of the harm to the child;

D.(4) any repeated harm suffered by the child;

(5) any repeatedfear harmby sufferedthe bychild of living in or returning to the child;home from which the child was removed, current placement or potential placement;

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

(7) any fearhistory by the child of livingabusive inconduct orby returning to the homechild's fromfamily whichor theothers childwho washave removed,access currentto placementthe orchild's potentialhome; placement;

F.(8) any history of substantiated claims of e t 17 substance abuse by the child's family or others who have access w l n d 18 to the child's home;

the= results= of19 psychiatric,(9) psychologicalwhether orthe developmentalperpetrator evaluations of the child,harm to the child'sa parentsl ori othera familye members;r 20 child is identified;

G.a t m m 21 (10) whether an identified perpetrator has or d r e 22 may have continued access to the child;

anyc historye ofs abusivek conduct23 by(11) the child'scircumstances familyunder orwhich othersa whoparent havee accessa n b 24 voluntarily relinquished parental rights to the child'schild; home;

H.u [ (12) the willingness and ability of the .225148.2 - 2 - SHPAC/SB 207 child's family to:

any(a) historyseek, ofaccept substantiatedand claimscomplete offamily substanceservices, abuseincluding byservices thethat child'saddress familyspecific orneeds othersof who have access to the child'schild home;or family;

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

whetherand the(c) perpetratorcomplete ofpsychological, thedomestic harmviolence toand thesubstance childabuse isassessments; identified;

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

whether(14) ana identifieddemonstration perpetratorby hasthe orchild's mayfamily eof tadequate 17parenting haveskills, continuedincluding accessproviding tothe child and other children under the child;family's care with:

w(a) lminimally nadequate dhealth 18and K.nutritional care;

thee circumstancest under17 which(b) anurture, parentcare =and =appropriate 19w a l voluntarilyn relinquishedd parental18 rightsdiscipline toconsistent with the child;child's physical and = = 19 psychological development;

a l i a e r 20 L.(c) guidance and supervision consistent a t m m 21 with the child's safety;

thed willingnessr ande ability22 of(d) the child's a tsafe mhome menvironment; 21 family to:

dc r e 22s (1)k seek,23 accept(e) andprotection completefrom familyrepeated services,exposure cto e sa kn 23b including24 servicesviolence thateven addressthough specificthe needsviolence ofmay thenot childbe ordirected eat athe nu b[ 24child; family;

uand [.225148.2 (2)- cooperate3 with- andSHPAC/SB facilitate207 close(f) .224233.1an -understanding 2of -the supervisionchild's byneeds anand appropriatecapabilities; agency;

and (3)(15) completethe psychological,availability domesticof violencean andadequate substancesocial abusesupport assessments;system for the child consisting of an extended family and friends.

M.B.

theNothing willingnessin andSubsection abilityA of thethis child'ssection familyshall apply to effectthe positiveIndian environmentalFamily andProtection personalAct." changes- within4 - 10 12 14 16 e t 17 w l n d 18 = = 19 a reasonablel periodi ofa time;e r 20 a t m m 21 d r e 22 c e s k 23 e a n b 24 u [ .225148.2

N.

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

(1) minimally adequate health and nutritional care;

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

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