SB 31 — GUARDIANSHIP CHANGES

(1)"foster whoparent" ismeans not a relativeperson, orincluding ana extendedrelative family member of athe childchild, andlicensed whoor hascertified aby significant,the family-likedepartment relationshipor witha the child orplacement theagency child'sto family,provide whichcare relationshipfor existedchildren priorin to the child'scustody entryof intothe fosterdepartment care;or agency;

orL. (2) chosen by a child who is fourteen years of age or older, when it is in the best interest of the child to identify that person as fictive kin;»Sfl1 [J.] Sfl1ºK.»Sfl1 Sfl1ºJ.»Sfl1 "federal Indian Child Welfare Act of 1978" means the federal Indian Child Welfare Act of 1978, as that act may be amended or its sections renumbered;

[K.]"guardian" Sfl1ºL.»Sfl1 Sfl1ºK.»Sfl1 "foster parent" means a person,person includingappointed as a relativeguardian of the child, licensed or h certified by the department or a childcourt placement agency to g o provide care for children in the custody of the department or tIndian hrtribal gauthority; e agency;

iM. k h r i s [L.] Sfl1ºM.»Sfl1 Sfl1ºL.»Sfl1 "guardian" means a h , t, person appointed as a guardian by a court or Indian tribal e u g e b l authority [or a person authorized to care for the child by a e e h n d d i = = o h parental power of attorney as permitted by law];

l ] b ,d i a º e [M.] Sfl1ºN.»Sfl1 Sfl1ºM.»Sfl1 "guardian ad r i = r t e w d litem" means an attorney appointed by the children's court to mrepresent aand nprotect othe dbest minterests :of the child in a case;

bprovided ethat dno sparty ºor oemployee tor nrepresentative =of .224588.3AIC February 8, 2023 (2:57pm) s k m e - 6 - e a nparty eto dthe rcase eshall lbe u [ A d SJC/SB 31 representPage and5 protectappointed theto bestserve interestsas ofa theguardian childad inlitem; a case;

providedN. that no party or employee or representative of a party to the case shall be appointed to serve as a guardian ad litem;

[N."Indian" means, whether an adult or child, a person who is:

] Sfl1ºO.»Sfl1 Sfl1ºN.»Sfl1 "Indian" means, whether an adult or child, a person who is:

[O.O.

] Sfl1ºP.»Sfl1 Sfl1ºO.»Sfl1 "Indian child" means an Indian person, or a person whom there is reason to know is an Indian person, under eighteen years of age, who is neither:

[P.P.

] Sfl1ºQ.»Sfl1 Sfl1ºP.»Sfl1 "Indian child's h tribe" means:

g o (1) the Indian tribe in which an Indian child t hr g e is a member or eligible for membership;

or i k h r i s (2) in the case of an Indian child who is a h , t, member or eligible for membership in more than one tribe, the e u g e b l Indian tribe with which the Indian child has more significant e e h n d d i contacts;

=Q. = o h l ] b ,d i a º e [Q.

] Sfl1ºR.»Sfl1 Sfl1ºQ.»Sfl1 "Indian custodian" r i = r t e w d means an Indian who, pursuant to tribal law or custom or mpursuant ato nstate olaw: d m :

b e d s º o t n = .224588.3AIC February 8, 2023 (2:57pm) s k m e - 7 - e a n e d r e l u [ A d SJC/SB 31 pursuant to state law:

[R.]R. Sfl1ºS.»Sfl1 Sfl1ºR.»Sfl1 "Indian tribe" means an Indian nation, tribe, pueblo or other band, organized group or community of Indians recognized as eligible for the services provided to Indians by the secretary because of their status as Indians, including an Alaska native village as defined in 43 U.S.C.

"Indian tribe" means an Indian nation, tribe, SJC/SB 31 Page 6 pueblo or other band, organized group or community of Indians recognized as eligible for the services provided to Indians by the secretary because of their status as Indians, including an Alaska native village as defined in 43 U.S.C.

hS. [S.] Sfl1ºT.»Sfl1 Sfl1ºS.»Sfl1 "judge", when used g o without further qualification, means the judge of the court;

t"judge", hrwhen gused ewithout [T.]further Sfl1ºU.»Sfl1qualification, Sfl1ºT.»Sfl1 "legal custody" i k h r i s means a legal status created by order of the courtjudge or other h , t, court of competent jurisdiction or by operation of statute that e u g e b l vests in a person, department or agency the rightcourt; to determine e e h n d d i where and with whom a child shall live;

theT. right and duty to = = o h l ] b ,d i a º e protect, train and discipline the child and to provide the r i = r t e w d child with food, shelter, personal care, education and ordinary m a n o d m :

b"legal ecustody" dmeans sa ºlegal ostatus tcreated nby =order .224588.3AICof Februarythe 8,court 2023or (2:57pm)other scourt kof mcompetent ejurisdiction -or 8by -operation eof astatute nthat evests din ra eperson, ldepartment uor [agency Athe dright SJC/SBto 31determine where and emergencywith medicalwhom care;a child shall live;

the right and duty to protect, train and discipline the child and to provide the child with food, shelter, personal care, education and ordinary and emergency medical care;

[U.SJC/SB 31 Page 7 U.

] Sfl1ºV.»Sfl1 Sfl1ºU.»Sfl1 "member" or "membership" means a determination made by an Indian tribe that a person is a member of or eligible for membership in that Indian tribe;

[V.V.

] Sfl1ºW.»Sfl1 Sfl1ºV.»Sfl1 "parent" or "parents" means a biological or adoptive parent if the biological or adoptive parent has a constitutionally protected liberty interest in the care and custody of the child or a person who has lawfully adopted an Indian child pursuant to state law or tribal law or tribal custom;

hW. [W.

] Sfl1ºX.»Sfl1 Sfl1ºW.»Sfl1 "permanency plan" g o means a determination by the court that the child's interest t hr g e will be served best by:

i k h r i s (1) reunification;

h , t, (2) placement for adoption after the parents' e u g e b l rights have been relinquished or terminated or after a motion e e h n d d i has been filed to terminate parental rights;

= = o h l ] b ,d i a º e (3) placement with a person who will be the r i = r t e w d child's permanent guardian;

m(4) aplacement nin othe dlegal mcustody :of the department with the child placed in the home of a fit and willing relative;

b e d s º o t n = .224588.3AIC February 8, 2023 (2:57pm) s k m e - 9 - e a n e d r e l u [ A d SJC/SB 31 (4) placement in the legal custody of the department with the child placed in the home of a fit and willing relative;

[X.X.

] Sfl1ºY.»Sfl1 Sfl1ºX.»Sfl1 "person" means an individual or any other form of entity recognized by law;

[Y.]Y. Sfl1ºZ.»Sfl1 Sfl1ºY.»Sfl1 "plan of care" means a plan created by a health care professional intended to ensure the safety and well-being of a substance-exposed newborn by addressing the treatment needs of the child and any of the child's parents, relatives, guardians, family members or caregivers to the extent those treatment needs are relevant to the safety of the child;

[Z."plan of care" means a plan created by a health SJC/SB 31 Page 8 care professional intended to ensure the safety and well-being of a substance-exposed newborn by addressing the treatment needs of the child and any of the child's parents, relatives, guardians, family members or caregivers to the extent those treatment needs are relevant to the safety of the child;

]Z. Sfl1ºAA.»Sfl1 Sfl1ºZ.»Sfl1 "preadoptive parent" means a person with whom a child has been placed for h adoption;

g"preadoptive oparent" [AA.] Sfl1ºBB.»Sfl1 Sfl1ºAA.»Sfl1 "protective t hr g e supervision" means thea rightperson towith visitwhom thea child inhas thebeen homeplaced ifor kadoption; h r i s where the child is residing, inspect the home, transport the h , t, child to court-ordered diagnostic examinations and evaluations e u g e b l and obtain information and records concerning the child;

eAA. e h n d d i [BB.

]"protective Sfl1ºCC.»Sfl1supervision" Sfl1ºBB.»Sfl1means "relative"the =right =to ovisit hthe lchild ]in bthe ,dhome iwhere athe ºchild eis meansresiding, ainspect personthe relatedhome, transport the child to anothercourt-ordered person:diagnostic examinations and evaluations and obtain information and records concerning the child;

rBB. i = r t e w d (1) by blood within the fifth degree of m a n o d m :

b"relative" emeans d s º o t n = .224588.3AIC February 8, 2023 (2:57pm) s k m e - 10 - e a nperson erelated dto ranother eperson: l u [ A d SJC/SB 31 consanguinity or through marriage by the fifth degree of affinity;

(1) by blood within the fifth degree of consanguinity or through marriage by the fifth degree of affinity;

[CC.CC.

] Sfl1ºDD.»Sfl1 Sfl1ºCC.»Sfl1 "reservation" means:

(2) any lands to which the title is held by SJC/SB 31 Page 9 the United States in trust for the benefit of an Indian tribe or individual;

[DD.DD.

] Sfl1ºEE.»Sfl1 Sfl1ºDD.»Sfl1 "reunification" h means either a return of the child to the parent or to the home g o from which the child was removed or a return to the t hr g e noncustodial parent;

iEE. k h r [EE.

] Sfl1ºFF.»Sfl1 Sfl1ºEE.»Sfl1 "secretary" i s h , t, means the United States secretary of the interior;

eFF. u g e b l [FF.] Sfl1ºGG.»Sfl1 Sfl1ºFF.»Sfl1 "tribal court" e e h n d d i means a court with jurisdiction over child custody proceedings = = o h l ] b ,d i a º e that is either a court of Indian offenses, a court established r i = r t e w d and operated under the law or custom of an Indian tribe or any m a n o d m :

b"tribal ecourt" dmeans sa ºcourt owith tjurisdiction nover =child .224588.3AICcustody Februaryproceedings 8,that 2023is (2:57pm)either sa kcourt mof eIndian -offenses, 11a -court eestablished aand noperated eunder dthe rlaw eor lcustom uof [an AIndian dtribe SJC/SBor 31any other administrative body that is vested by an Indian tribe with authority over child custody proceedings;

[GG.]GG. Sfl1ºHH.»Sfl1 Sfl1ºGG.»Sfl1 "tribal court order" means a document issued by a tribal court that is signed by an appropriate authority, including a judge, governor or tribal council member, and that orders an action that is within the tribal court's jurisdiction;

"tribal court order" means a document issued by a tribal court that is signed by an appropriate authority, including a judge, governor or tribal council member, and [HH.that orders an action that is within the tribal court's jurisdiction;

]and Sfl1ºII.»Sfl1HH. Sfl1ºHH.»Sfl1 "tribunal" means any judicial forum other than the court." SECTION 3.

Section"tribunal" 32A-3A-15means NMSAany 1978judicial (beingforum Lawsother 2019,than Chapterthe 247,court." SectionSECTION 14)3. is recompiled as Section 32A-1-22 NMSA and is amended to read:

Section 32A-3A-15 NMSA 1978 (being Laws 2019, Chapter 247, Section 14) is recompiled as SJC/SB 31 Page 10 Section 32A-1-22 NMSA 1978 and is amended to read:

An individual's participation in the state's h medical cannabis program established pursuant to the Lynn and g o Erin Compassionate Use Act shall not in itself constitute t hr g e grounds for:

i k h r i s (1) intervention, removal or placement into h , t, state custody of a child in that individual's care pursuant to e u g e b l the Abuse and Neglect Act;

or e e h n d d i (2) the provision of state prevention, = = o h l ] b ,d i a º e diversion or intervention services to that individual's family r i = r t e w d pursuant to the Voluntary Placement and Family Services Act.

mB. a n o d m :

b e d s º o t n = .224588.3AIC February 8, 2023 (2:57pm) s k m e - 12 - e a n e d r e l u [ A d SJC/SB 31 B.

For the purposes of medical care, including an SJC/SB 31 Page 11 organ transplant, a qualified patient's use of cannabis pursuant to the Lynn and Erin Compassionate Use Act shall be considered the equivalent of the use of any other medication under the direction of a physician and shall not be considered to constitute the use of an illicit substance or otherwise disqualify a qualified patient from medical care." h SECTION 4.

Section 32A-3A-1 NMSA 1978 (being Laws 1993, g o Chapter 77, Section 63, as amended) is amended to read:

t hr g e "32A-3A-1.

SHORT TITLETITLE.--Chapter [PURPOSE ].--[A.] Chapter 32A, i k h r Article 3A NMSA 1978 may be cited as the "Voluntary Placement i s h , t, and Family Services Act".Act"." SECTION 5.

e u g e b l [B.

The Family Services Act shall be interpreted e e h n d d i and construed to effectuate the following expressed legislative = = o h l ] b ,d i a º e purposes:

r i = r t e w d (1) to recognize that many instances of a m a n o d m :

b e d s º o t n = .224588.3AIC February 8, 2023 (2:57pm) s k m e - 13 - e a n e d r e l u [ A d SJC/SB 31 child's behavior are symptomatic of a family in need of family services;

and (2) to provide prevention, diversion and intervention services for a child or family.]" SECTION 5.

(3) whose child is absent from the child's place of residence for twenty-four hours or more without the h consent of the parent, guardian or custodian;

g o (4) in which the parent, guardian or custodianSJC/SB t31 hrPage g12 ecustodian of a child refuses to permit the child to live with the parent, i k h r guardian or custodian;

or i s h , t, (5) in which the child refuses to live with e u g e b l the child's parent, guardian or custodian;

[and ] e e h n d d i B.

"family services" means services that address = = o h l ] b ,d i a º e specific needs of the child or family;

r i = r t e w d C.

"guardian" means a person appointed as a mguardian by a ncourt oor dIndian mtribal :authority;

b e d s º o t n = .224588.3AIC February 8, 2023 (2:57pm) s k m e - 14 - e a n e d r e l u [ A d SJC/SB 31 guardian by a court or Indian tribal authority;

h H.

"subsidized guardianship" means a guardianship g o that meets subsidy eligibility criteria pursuant to the tSJC/SB hr31 gPage e13 Voluntary Placement and Family Services Act;

and i k h r I.

"voluntary placement agreement" means a written i s h , t, agreement between the department and the parent or guardian of e u g e b l a child." e e h n d d i SECTION 6.

Section 32A-3A-6 NMSA 1978 (being Laws 1993, = = o h l ] b ,d i a º e Chapter 77, Section 68) is amended to read:

r i = r t e w d "32A-3A-6.

VOLUNTARY PLACEMENT [OF CHILD] OUTSIDE HOME--HOME--VOLUNTARY mPLACEMENT aAGREEMENT.-- nA. o d m :

bThe edepartment dmay saccept ºlegal ocustody tof na =minor .224588.3AICchild Februaryfrom 8, 2023 (2:57pm) s k m e - 15 - e a nparent eor dguardian rfor etemporary lvoluntary uplacement [outside Athe dhome SJC/SBthrough 31a [DOCUMENTATION]voluntary VOLUNTARYplacement PLACEMENTagreement. AGREEMENT.-- A.

[UponB. written application by a parent, guardian or custodian and, if good cause is shown] The department may accept legal custody of a minor child from a parent or guardian for temporary voluntary placement outside the home through a voluntary placement agreement.

[B.

Prior to accepting any child for voluntary placement, the department shall document the following:

(1) the efforts made by the department to provide or arrange for services by other public or private agencies that would be affordable to the family and that would alleviate the conditions leading to the placement request;

(2) any determination that the services are not available;

(3) any refusal by the parent, guardian or custodian to accept the services;

and h (4) the fact that conditions leading to the g o placement request could not be alleviated by services aimed at t hr g e keeping the child in the home.

i k h r C.

If the department accepts custody of a child, i s h , t, the department shall provide the child with shelter in an e u g e b l appropriate facility, pursuant to the provisions of Section e e h n d d i 32-3B-6 NMSA 1978, that is located as close as possible to the = = o h l ] b ,d i a º e child's residence.

The child shall not be held in a jail or r i = r t e w d other facility intended or used for the incarceration of adults m a n o d m :

b e d s º o t n = .224588.3AIC February 8, 2023 (2:57pm) s k m e - 16 - e a n e d r e l u [ A d SJC/SB 31 charged or convicted of criminal offenses or a facility for the detention of children alleged to be or adjudicated as delinquent children.] B.

(2) that the parent or guardian can withdraw consent at any time and the child shall be returned within forty-eight hours of when the written or verbal demand was hSJC/SB 31 Page 14 made;

and g o (3) that before the expiration of the t hr g e forty-eight hours, the department may prevent the immediate i k h r return of the child by filing a petition alleging neglect or i s h , t, abuse and by obtaining a court order granting the department e u g e b l temporary custody of the child.

e e h n d d i C.

The department shall notify the office of family = = o h l ] b ,d i a º e representation and advocacy when the voluntary placement r i = r t e w d agreement is terminated or expires.

mD. a n o d m :

b e d s º o t n = .224588.3AIC February 8, 2023 (2:57pm) s k m e - 17 - e a n e d r e l u [ A d SJC/SB 31 D.

The parent or guardian, child or department may file a petition for court review of the voluntary placement hSJC/SB 31 Page 15 agreement prior to the signing or at any point throughout the g o duration of the voluntary placement agreement.

t hr g e G.

If court review is requested prior to signing i k h r the voluntary placement agreement, before approving the i s h , t, voluntary placement agreement, the court shall ensure that the e u g e b l voluntary placement agreement is executed in writing.

The e e h n d d i court shall certify on the record that:

= = o h l ] b ,d i a º e (1) the terms and consequences of the consent r i = r t e w d were fully explained in detail and in a manner that is munderstandable ato nthe oparent dor mguardian; :

b e d s º o t n = .224588.3AIC February 8, 2023 (2:57pm) s k m e - 18 - e a n e d r e l u [ A d SJC/SB 31 understandable to the parent or guardian;

VOLUNTARY PLACEMENT--TIME LIMITATION.-- [A.A.

NoA child shallmay remain in voluntary placement h for longerSJC/SB than31 onePage hundred16 eightyup consecutiveto days or for more g o than one hundred eighty daysconsecutive indays. any calendar year;

provided t hr g e that a child may remain in voluntary placement up to an i k h r additional one hundred eighty consecutive days upon order of i s h , t, the court after the filing of a petition by the department for e u g e b l extension of voluntary placement, a hearing and a finding that e e h n d d i additional voluntary placement is in the best interests of the = = o h l ] b ,d i a º e child.] r i = r t e w d A.

A child may remain in voluntary placement for up m a n o d m :

b e d s º o t n = .224588.3AIC February 8, 2023 (2:57pm) s k m e - 19 - e a n e d r e l u [ A d SJC/SB 31 to one hundred eighty consecutive days.

If an extension is denied, the court shall enter a written order h denying the extension and directing the department to g o immediately return the child to the parent or guardian.

t hr g e [B.] D.

In no event shall a child remain in i k h r voluntary placement for a period in excess of three hundred i s h , t, sixty-five days in any two-year period.

eE. u g e b l [C.

]Any E.placement described in this section shall not be considered abandonment by a parent, guardian or custodian or other family member." SJC/SB 31 Page 17 SECTION 8.

AnySection placement32A-3A-8 describedNMSA in1978 this(being sectionLaws e1993, eChapter h77, nSection d70, das iamended) shallis notamended beto consideredread: abandonment by a parent, guardian or = = o h l ] b ,d i a º e custodian or other family member." r i = r t e w d SECTION 8.

Section 32A-3A-8 NMSA 1978 (being Laws 1993, m a n o d m :

b e d s º o t n = .224588.3AIC February 8, 2023 (2:57pm) s k m e - 20 - e a n e d r e l u [ A d SJC/SB 31 Chapter 77, Section 70, as amended) is amended to read:

[DUTY TO FILE A PETITION ] VOLUNTARY PLACEMENT--RETURN OF CHILD TO PARENT--DEPARTMENT DUTY UPON PARENT REFUSAL TO REGAIN CUSTODY.-- A.

If [any child has remained in voluntary placement for longer than three hundred sixty-five days in any two-year period and] the parent or guardian [or custodian] of h the child refuses to or cannot accept the child back into the g o parent's or guardian's [or custodian's] custody, [the t hr g e department shall immediately file] before the department files i k h r a petition alleging that the child is a neglected child or that i s h , t, the child's family needs court-ordered family services, the e u g e b l department shall:

e e h n d d i (1) make reasonable efforts to place the child = = o h l ] b ,d i a º e back in the custody of the parent or guardian and tailor the r i = r t e w d reasonable efforts to the facts and circumstances of the case mand ashall: n o d m :

bSJC/SB e31 dPage s18 º(a) odocument tin nwriting =the .224588.3AICdetails Februarydemonstrating 8,the 2023quality (2:57pm)and squantity kof mservices eand -assistance 21provided -to ealleviate athe ncauses eand dconditions rleading eto lthe uparent [or Aguardian's drefusal SJC/SBor 31inability andto shall:accept the child back into the parent or guardian's custody, on the court record;

(a) document in writing the details demonstrating the quality and quantity of services and assistance provided to alleviate the causes and conditions leading to the parent or guardian's refusal or inability to accept the child back into the parent or guardian's custody, on the court record;

(a) identifying and establishing h u » r appropriate services and assisting the child's parent or t h g e guardian to overcome barriers to reunification, including l i h r assisting the parent or guardian in obtaining those services;

i s h , (b) conducting or causing to be e h t u g e b l conducted a diligent search for the child's extended family e e , gh n d d i members and contacting and consulting with the child's extended = = o h l ] b ,d family members and adult relatives to provide family structure i a º r e r = t e w d and support for the child and the child's parent or guardian;

mSJC/SB a31 nPage o19 d(c) moffering :and employing culturally appropriate family preservation strategies;

b r e t º o t n = .224588.3AIC February 8, 2023 (2:57pm) s k m e - 22 - e a n e d r e l u [ A d SJC/SB 31 (c) offering and employing culturally appropriate family preservation strategies;

VOLUNTARY PLACEMENT--RIGHTS OF PARENT.--[AnyPARENT.-- parent,The guardianparent or custodianguardian whose child is in voluntary placement shall have the following rights withto: respect to the h child:

g o A.

the right of reasonable visitation with the t hr g e child;

i k h r B.

the right to be informed of changes in the i s h , t, child's school or of changes in the child's placement by the e u g e b l department;

and e e h n d d i C.

the right of decision as to all nonemergency and = = o h l ] b ,d i a º e nonroutine medical care provided for the child] The parent or r i = r t e w d guardian whose child is in voluntary placement shall have the m a n o d m :

b e d s º o t n = .224588.3AIC February 8, 2023 (2:57pm) s k m e - 23 - e a n e d r e l u [ A d SJC/SB 31 following rights to:

permit the department to consent to emergency services to ensure the safety and well-being of the child, SJC/SB 31 Page 20 including medical, dental or behavioral health treatment, if the department is unable to make immediate prior contact with the parent or guardian.

consent to all nonemergency and nonroutine h medical care provided for the child;

g o F.

make decisions regarding participation and t hr g e attendance in cultural and religious events;

i k h r G.

make decisions of substantial legal i s h , t, significance;

and e u g e b l H.

serve as the educational decision maker unless e e h n d d i the department determines that doing so would be contrary to = = o h l ] b ,d i a º e the best interests of the child, in which case the foster r i = r t e w d parent or other substitute care provider will serve as the meducational adecision nmaker." oSECTION d10. m :

b e d s º o t n = .224588.3AIC February 8, 2023 (2:57pm) s k m e - 24 - e a n e d r e l u [ A d SJC/SB 31 educational decision maker." SECTION 10.

"[NEW"CONFIDENTIALITY.-- MATERIAL] CONFIDENTIALITY.-- A.

The disclosure of all mental health and SJC/SB 31 Page 21 developmental disability records shall be made pursuant to the Children's Mental Health and Developmental Disabilities Act.

(1) court personnel and persons or entities h authorized by contract with the court to review, inspect or g o otherwise have access to records or information in the court's t hr g e possession;

i k h r (2) the attorney, including a public defender, i s h , t, representing the child in any child proceeding pursuant to the e u g e b l Children's Code;

e e h n d d i (3) department personnel and persons or = = o h l ] b ,d i a º e entities authorized by contract with the department to review, r i = r t e w d inspect or otherwise have access to records or information in mthe adepartment's npossession; o d m :

b e d s º o t n = .224588.3AIC February 8, 2023 (2:57pm) s k m e - 25 - e a n e d r e l u [ A d SJC/SB 31 the department's possession;

(6) any state government social services agency in any state or, when in the opinion of the department SJC/SB 31 Page 22 it is in the best interest of the child, a governmental social services agency of another country;

(8) school personnel involved with the child if the records concern the child's cultural, social or h educational needs;

g o (9) a grandparent, parent of a sibling, t hr g e relative or fictive kin, if the records or information pertain i k h r to a child being considered for placement with that i s h , t, grandparent, parent of a sibling, relative or fictive kin and e u g e b l the records or information concern the cultural, social, e e h n d d i medical, psychological or educational needs of the child;

= = o h l ] b ,d i a º e (10) health care or mental health r i = r t e w d professionals involved in the evaluation or treatment of the mchild aor nof othe dchild's mparents, :guardian, custodian or other family members;

b e d s º o t n = .224588.3AIC February 8, 2023 (2:57pm) s k m e - 26 - e a n e d r e l u [ A d SJC/SB 31 child or of the child's parents, guardian, custodian or other family members;

(12) children's safehouse organizations SJC/SB 31 Page 23 conducting investigatory interviews of children on behalf of a law enforcement agency or the department;

(14) any person or entity attending a meeting arranged by the department to discuss the safety, well-being and permanency of a child when the parent, guardian or child h u » r over the age of fourteen years has consented to the disclosures t h g e occurring during the meeting;

and l i h r (15) any other person or entity, by order of i s h , the court, having a legitimate interest in the case or the work e h t u g e b l of the court.

e e , gh n d d i D.

Whoever intentionally and unlawfully releases = = o h l ] b ,d any information or records closed to the public pursuant to the iVoluntary aPlacement ºand rFamily eServices rAct =or treleases eor wmakes dother Voluntaryunlawful Placementuse andof Familyrecords Servicesin Actviolation orof releasesthat oract mis guilty of a npetty omisdemeanor dand mshall :be sentenced pursuant to the provisions of Section 31-19-1 NMSA 1978.

b r e t º o t n = .224588.3AIC February 8, 2023 (2:57pm) s k m e - 27 - e a n e d r e l u [ A d SJC/SB 31 makes other unlawful use of records in violation of that act is guilty of a petty misdemeanor and shall be sentenced pursuant to the provisions of Section 31-19-1 NMSA 1978.

The department shall promulgate rules for implementing disclosure of records pursuant to this section and in compliance with state and federal law and the SJC/SB 31 Page 24 Children's Court Rules." SECTION 11.

"[NEW"CONDUCT MATERIAL] CONDUCT OF HEARINGS.-- A.

Other persons the court finds to have a proper h interest in the case or in the work of the court may be g o admitted by the court to closed hearings on the condition they t hr g e refrain from divulging any information that would identify the i k h r child or family involved in the proceedings." i s h , t, SECTION 12.

A new section of the Voluntary Placement and e u g e b l Family Services Act is enacted to read:

e"VOLUNTARY e h n d d i "[NEW MATERIAL] VOLUNTARY PLACEMENT--PLACEMENT.-- = = o h l ] b ,d i a º e A.

If the department accepts legal custody of a r i = r t e w d child, the child shall be placed in the least restrictive msetting that most closely approximates a nfamily oin dwhich mthe :child's special needs, if any, may be met.

b e d s º o t n = .224588.3AIC February 8, 2023 (2:57pm) s k m e - 28 - e a n e d r e l u [ A d SJC/SB 31 setting that most closely approximates a family in which the child's special needs, if any, may be met.

SJC/SB 31 Page 25 (2) a licensed foster home or any home authorized by law for the provision of foster care or group care or use as a protective residence;

The department shall provide the child with shelter in an appropriate facility, pursuant to the provisions of Section 32A-3B-6 NMSA 1978, that is located as close as h possible to the child's residence.

The child shall not be held g o in a jail or other facility intended or used for the t hr g e incarceration of adults charged or convicted of criminal i k h r offenses or a facility for the detention of children alleged to i s h , t, be or adjudicated as delinquent children.

e u g e b l C.

If the child is placed in an evaluation facility e e h n d d i or out-of-home treatment or rehabilitation program, the child = = o h l ] b ,d i a º e shall be admitted pursuant to the provisions of Sections r i = r t e w d 32A-6A-19 through 32A-6A-22 NMSA 1978.

mD. a n o d m :

bThe edepartment dshall smake ºreasonable oefforts tto nplace =siblings .224588.3AICin Februarycustody 8,by 2023court (2:57pm)order sor kvoluntary mplacement eagreement -together, 29unless -such ejoint aplacement nwould ebe dcontrary rto ethe lsafety uor [well-being Aof dany of the siblings in custody, and whether any siblings not jointly placed have been provided reasonable visitation or other SJC/SB 31 D.Page 26 ongoing interaction, unless visitation or other ongoing interaction would be contrary to the safety or well-being of any of the siblings." SECTION 13.

The department shall make reasonable efforts to place siblings in custody by court order or voluntary placement agreement together, unless such joint placement would be contrary to the safety or well-being of any of the siblings in custody, and whether any siblings not jointly placed have been provided reasonable visitation or other ongoing interaction, unless visitation or other ongoing interaction would be contrary to the safety or well-being of any of the siblings." SECTION 13.

"[NEW"FINANCIAL MATERIAL ] FINANCIAL SUBSIDIES--ELIGIBILITY.-- A.

(1) the child shall be in the custody of the h department and have been removed from the child's home:

g o (a) pursuant to a voluntary placement t hr g e agreement;

or i k h r (b) as a result of a judicial i s h , t, determination that the placement and care of the child should e u g e b l be vested in the department;

e e h n d d i (2) the child shall be eligible for foster = = o h l ] b ,d i a º e care maintenance payments while in the home of the prospective r i = r t e w d guardian;

m(3) athe nchild oshall dhave mbeen :placed by the department and shall have lived with the prospective guardian for at least six consecutive months following the prospective guardian's licensure as a foster parent;

b(4) ethe dchild shas º o t n = .224588.3AIC February 8, 2023 (2:57pm) s k m e - 30 - e a nstrong eattachment dto rthe e l u [ A d SJC/SB 31 (3)Page the27 childprospective shallguardian have been placed by the department and shall have lived with the prospective guardian foris ata leastrelative sixor consecutivefictive monthskin followingof the prospectivechild; guardian's licensure as a foster parent;

(4) the child has a strong attachment to the prospective guardian and the prospective guardian is a relative or fictive kin of the child;

and (7) a fully executed guardianship assistance h agreement is approved by the department;

or g o (8) the child is a sibling of a child who t hr g e meets the eligibility criteria set forth in this subsection.

i k h r B.

The department shall promulgate rules for i s h , t, guardianship assistance payments and payment of nonrecurring e u g e b l expenses." e e h n d d i SECTION 14.

A new section of the Voluntary Placement and = = o h l ] b ,d i a º e Family Services Act is enacted to read:

r i = r t e w d "[NEW MATERIAL] FINANCIAL SUBSIDIES--NONRECURRING m a n o d m :

b e d s º o t n = .224588.3AIC February 8, 2023 (2:57pm) s k m e - 31 - e a n e d r e l u [ A d SJC/SB 31 EXPENSES.--Nonrecurring expenses incurred by a prospective guardian associated with establishing a subsidized guardianship may be reimbursed for each eligible child, up to an amount established by the department, and also for any of an eligible child's siblings." SECTION 15.

"[NEW"FINANCIAL MATERIALSUBSIDIES--NONRECURRING ]EXPENSES.-- FINANCIALNonrecurring SUBSIDIES--GUARDIANSHIPexpenses ASSISTANCEincurred AGREEMENT.--by A.a prospective guardian associated with establishing a subsidized guardianship may be reimbursed for each eligible child, up to an amount established by the department, and also for any of an eligible child's siblings." SJC/SB 31 Page 28 SECTION 15.

A new section of the Voluntary Placement and Family Services Act is enacted to read:

"FINANCIAL SUBSIDIES--GUARDIANSHIP ASSISTANCE AGREEMENT.-- A.

(1) the amount of and manner in which h guardianship assistance payments will be provided;

g o (2) additional services and assistance for t hr g e which the child and the prospective guardian will be eligible;

i k h r (3) a procedure by which the prospective i s h , t, guardian may apply for additional services;

e u g e b l (4) the responsibility of the prospective e e h n d d i guardian to report changes in the needs of the child or the = = o h l ] b ,d i a º e circumstances of the prospective guardian that affect r i = r t e w d guardianship assistance payments;

m(5) reasonable and verified nonrecurring expenses associated with establishing a nsubsidized oguardianship dpursuant mto :the provisions of Section 14 of this act;

band eSJC/SB d31 sPage º29 o(6) tterms nby =which .224588.3AICthe Februaryguardianship 8,assistance 2023agreement (2:57pm)may sbe kterminated m e - 32 - e a n e d r e l u [ A d SJC/SB 31 (5) reasonable and verifiedthe nonrecurringability expensesof associatedthe withdepartment establishingto arecoup subsidizedfunds guardianshipreceived pursuantdue to theimproper provisionspayment. of Section 14 of this 2023 act;

and (6) terms by which the guardianship assistance agreement may be terminated and the ability of the department to recoup funds received due to improper payment.

"[NEW"FINANCIAL MATERIAL ] FINANCIAL SUBSIDIES--SUCCESSOR GUARDIANS.-- A.

In order for a successor guardian to be eligible for guardianship assistance payments if the successor guardian serves as guardian in the event the guardian dies or is h incapacitated, the successor guardian shall be named in the g o guardianship assistance agreement and any amendments thereto.

t hr g e B.

The department may pay the cost of nonrecurring i k h r expenses associated with the successor guardian obtaining a i s h , t, subsidized guardianship of the child, up to an amount e u g e b l established by the department.

e e h n d d i C.

The successor guardian does not need to be a = = o h l ] b ,d i a º e relative and does not need to be licensed as a foster parent to r i = r t e w d receive guardianship assistance payments." mSECTION a17. n o d m :

b e d s º o t n = .224588.3AIC February 8, 2023 (2:57pm) s k m e - 33 - e a n e d r e l u [ A d SJC/SB 31 SECTION 17.

"[NEW"FINANCIAL MATERIAL] FINANCIAL SUBSIDIES--DISCONTINUANCE OF GUARDIANSHIP SJC/SB 31 Page 30 ASSISTANCE PAYMENTS.-- A.

h"FINANCIAL "[NEW MATERIAL] FINANCIAL SUBSIDIES--ADMINISTRATIVE APPEAL g o OF DECISIONS.--A child or prospective guardian may appeal a t hr g e decision by the department to establish, deny, reduce or i k h r discontinue guardianship assistance payments within thirty days i s h , t, of the department's decision." e u g e b l SECTION 19.

A new section of the Voluntary Placement and e e h n d d i Family Services Act is enacted to read:

="DEPARTMENT = o h l ] b ,d i a º e "[NEW MATERIAL] DEPARTMENT DUTIES--RULEMAKING.--The r i = r t e w d department shall promulgate rules as necessary to implement the mprovisions aof nthe oVoluntary dPlacement mand :Family Services Act." SECTION 20.

b e d s º o t n = .224588.3AIC February 8, 2023 (2:57pm) s k m e - 34 - e a n e d r e l u [ A d SJC/SB 31 provisions of the Voluntary Placement and Family Services Act." SECTION 20.

SJC/SB 31 Page 31 "32A-4-2.

or (b) six months if the child was over six h years of age at the commencement of the six-month period;

g o B.

t hr g e (1) who has suffered or who is at risk of i k h r suffering serious harm because of the action or inaction of the i s h , t, child's parent, guardian or custodian;

e u g e b l (2) who has suffered physical abuse, emotional e e h n d d i abuse or psychological abuse inflicted or caused by the child's = = o h l ] b ,d i a º e parent, guardian or custodian;

r i = r t e w d (3) who has suffered sexual abuse or sexual mexploitation ainflicted nby othe dchild's mparent, :guardian or custodian;

b(4) ewhose dparent, sguardian ºor ocustodian thas nSJC/SB =31 .224588.3AICPage February32 8,knowingly, 2023intentionally (2:57pm)or snegligently kplaced mthe echild -in 35 - e a nsituation ethat dmay rendanger e l u [ A d SJC/SB 31 exploitation inflicted by the child's parent,life guardian or custodian;health;

(4) whose parent, guardian or custodian has knowingly, intentionally or negligently placed the child in a situation that may endanger the child's life or health;

h (3) attempted, conspired to subject or has g o subjected the child to torture, chronic abuse or sexual abuse;

t hr g e or i k h r (4) had parental rights over a sibling of the i s h , t, child terminated involuntarily;

e u g e b l D.

"educational decision maker" means an individual e e h n d d i appointed by the children's court to attend school meetings and = = o h l ] b ,d i a º e to make decisions about the child's education that a parent r i = r t e w d could make under law, including decisions about the child's meducational asetting, nand othe ddevelopment mand :implementation of an individual education plan for the child;

bE. e d s º o t n = .224588.3AIC February 8, 2023 (2:57pm) s k m e - 36 - e a n e d r e l u [ A d SJC/SB 31 educational setting, and the development and implementation of an individual education plan for the child;

Sfl1º[E."fictive kin" means a person not related by SJC/SB 31 Page 33 birth, adoption or marriage with whom a child has an emotionally significant relationship;

"fictiveF. kin" means a person not related by birth, adoption or marriage with whom a child has an emotionally significant relationship;»Sfl1 Sfl1ºE.

"fictive"great kin"bodily harm" means an injury to a person notthat relatedcreates bya birth,high adoptionprobability of death, that causes serious disfigurement or marriagethat withresults whomin apermanent childor hasprotracted anloss emotionallyor significantimpairment relationship;»Sfl1of F.the function of a member or organ of the body;

]G. Sfl1ºE.»Sfl1 Sfl1ºF.»Sfl1 "great bodily harm" means an injury to a person that creates a high probability of death, that causes serious disfigurement or that results in permanent or protracted loss or impairment of the function of a member or organ of the body;

[G."neglected child" means a child:

](1) Sfl1ºF.»Sfl1who Sfl1ºG.»Sfl1has "neglectedbeen child"abandoned meansby athe child:child's parent, guardian or custodian;

(1)(2) who hasis beenwithout abandonedproper byparental care and control or subsistence, education, medical or other care or control necessary for the child's hwell-being because of the faults or habits of the child's parent, guardian or custodian;custodian or the failure or refusal of the parent, guardian or custodian, when able to do so, to provide them;

g(3) o (2) who ishas withoutbeen properphysically parental care and t hr g e control or subsistence,sexually education,abused, medicalwhen or other care or i k h r i s control necessary for the child's well-being because of the h , t, faults or habits of the child's parent, guardian or custodian eknew u g e b l or theshould failurehave orknown refusal of the parent,abuse guardianand orfailed custodian,to etake ereasonable hsteps n d d i = = o h when able to doprotect so,the tochild providefrom them;further harm;

l ] b ,d i a º e (3) who has been physically or sexually r i = r t e w d abused, when the child's parent, guardian or custodian knew or m a n o d m :

b e d s º o t n = .224588.3AIC February 8, 2023 (2:57pm) s k m e - 37 - e a n e d r e l u [ A d SJC/SB 31 should have known of the abuse and failed to take reasonable steps to protect the child from further harm;

or (5) who has been placed for care or adoption SJC/SB 31 Page 34 in violation of the law;

[H.]H. Sfl1ºG.»Sfl1 Sfl1ºH.»Sfl1 "physical abuse" h u » r includes any case in which the child suffers strangulation or t h g e suffocation and any case in which the child exhibits evidence l i h r of skin bruising, bleeding, malnutrition, failure to thrive, i s h , burns, fracture of any bone, subdural hematoma, soft tissue e h t u g e b l swelling or death and:

e"physical eabuse" ,includes ghany ncase din dwhich ithe (1)child theresuffers isstrangulation notor asuffocation justifiableand explanationany forcase =in =which othe hchild lexhibits ]evidence bof ,dskin thebruising, conditionbleeding, malnutrition, failure to thrive, burns, fracture of any bone, subdural hematoma, soft tissue swelling or death;death and:

i(1) athere ºis rnot ea rjustifiable = t e w d (2) the explanation given for the condition isor mdeath; a n o d m :

b(2) rthe eexplanation tgiven ºfor othe tcondition nis = .224588.3AIC February 8, 2023 (2:57pm) s k m e - 38 - e a n e d r e l u [ A d SJC/SB 31 at variance with the degree or nature of the condition;

[I.I.

] Sfl1ºH.»Sfl1 Sfl1ºI.»Sfl1 "relative" means a person related to another SJC/SB 31 Page 35 person by birth, adoption or marriage within the fifth degree of consanguinity;

[J.]J. Sfl1ºI.»Sfl1 Sfl1ºJ.»Sfl1 "sexual abuse" includes criminal sexual contact, incest or criminal sexual penetration, as those acts are defined by state law;

[K.]"sexual Sfl1ºJ.»Sfl1abuse" Sfl1ºK.»Sfl1includes "sexualcriminal exploitation"sexual includes:contact, incest or criminal sexual penetration, as those acts are defined by state law;

K.

"sexual exploitation" includes:

(2) allowing, permitting, encouraging or h engaging a child in obscene or pornographic photographing;

or g o (3) filming or depicting a child for obscene t hr g e or pornographic commercial purposes, as those acts are defined i k h r i s by state law;

hL. , t, [L.

] Sfl1ºK.»Sfl1 Sfl1ºL.»Sfl1 "sibling" means a e u g e b l brother or sister having one or both parents in common by birth e e h n d d i or adoption;

=M. = o h l ] b ,d i a º e [M.] Sfl1ºL.»Sfl1 Sfl1ºM.»Sfl1 "strangulation" r i = r t e w d has the same meaning as set forth in Section 30-3-11 NMSA 1978;

m"strangulation" ahas nthe osame dmeaning mas :set forth in Section 30-3-11 NMSA 1978;

bN. e d s º o t n = .224588.3AIC February 8, 2023 (2:57pm) s k m e - 39 - e a n e d r e l u [ A d SJC/SB 31 [N.

] Sfl1ºM.»Sfl1 Sfl1ºN.»Sfl1 "suffocation" has the same meaning as set forth in Section 30-3-11 NMSA 1978;

and [O.]O. Sfl1ºN.»Sfl1 Sfl1ºO.»Sfl1 "transition plan" means an individualized written plan for a child, based on the unique needs of the child, that outlines all appropriate services to be provided to the child to increase independent living skills.

The"transition plan" means an individualized written plan shallfor alsoa includechild, responsibilitiesbased on the unique needs of the child, andthat anyoutlines otherall partyappropriate asservices appropriate, to enablebe provided to the child to beincrease self-sufficientindependent uponliving emancipation."skills. SECTION 21.

The plan shall also include responsibilities of the child, and any other party as appropriate, to enable the child to be SJC/SB 31 Page 36 self-sufficient upon emancipation." SECTION 21.

h B.

"adoptive placement" means a permanent placement g o of an Indian child for adoption, including an action resulting t hr g e in a final decree of adoption;

i k h r i s C.

"child custody proceeding" means an action for h , t, foster care placement, termination of parental rights, e u g e b l permanent guardianship or adoptive placement or an action e e h n d d i pursuant to Section 32A-3A-8 NMSA 1978 or the Family in Need of = = o h l ] b ,d i a º e Court-Ordered Services Act and includes investigations and r i = r t e w d other preliminary activities preceding the formal initiation of man aaction, nbut odoes dnot minclude: :

b e d s º o t n = .224588.3AIC February 8, 2023 (2:57pm) s k m e - 40 - e a n e d r e l u [ A d SJC/SB 31 an action, but does not include:

"cultural compact" means an agreement that documents how an Indian child placed in an adoptive or guardianship home will continue to actively participate in the child's cultural learning and activities and that is SJC/SB 31 Page 37 entered into among:

h F.

"extended family member" means a person who is g o defined to be an extended family member by law or custom of an t hr g e Indian child's tribe or, in the absence of such law or custom, i k h r means a person who is eighteen years of age or older and who is i s h , t, an Indian child's grandparent, aunt or uncle, brother or e u g e b l sister, brother-in-law or sister-in-law, niece or nephew, first e e h n d d i or second cousin, stepparent or godparent;

= = o h l ] b ,d i a º e G.

r i = r t e w d (1) who is not a relative or an extended mfamily member of an Indian child and who has a nsignificant, ofamily-like drelationship mwith :the child or the child's family, which relationship existed prior to the child's entry into foster care;

b e d s º o t n = .224588.3AIC February 8, 2023 (2:57pm) s k m e - 41 - e a n e d r e l u [ A d SJC/SB 31 family member of an Indian child and who has a significant, family-like relationship with the child or the child's family, which relationship existed prior to the child's entry into foster care;

or (3) chosen by an Indian child who is SJC/SB 31 Page 38 fourteen years of age or older, regardless of when the relationship between the person and the Indian child was established, when it is in the best interest of the child to identify that person as fictive kin;

(1) an action pursuant to the Abuse and Neglect Act removing an Indian child from the child's parent, guardian or Indian custodian for temporary placement in a foster home or institution or the home of a guardian where the h u » r parent or Indian custodian cannot have the child returned upon t h g e demand, but in which parental rights have not been terminated;

l i h r or i s h , (2) the temporary placement of an Indian child e h t u g e b l in foster care pursuant to a voluntary agreement entered into e e , gh n d d i between a parent, guardian or Indian custodian and the = = o h l ] b ,d department pursuant to the Voluntary Placement and Family i a º r e r = t e w d Services Act." mSECTION a22. n o d m :

b r e t º o t n = .224588.3AIC February 8, 2023 (2:57pm) s k m e - 42 - e a n e d r e l u [ A d SJC/SB 31 SECTION 22.

"caregiver" means an adult, who is not a parent of a child, with whom a child resides and who provides that child with the care, maintenance and supervision consistent SJC/SB 31 Page 39 with the duties and responsibilities of a parent of the child;

[or a person authorized to care for the child by a parental power of attorney as permitted by law;

"guardianship assistance agreement" means a h written agreement entered into by the prospective kinship g o guardian and the protective services division or juvenile t hr g e justice division of the department or Indian tribe prior to the i k h r establishment of the guardianship by a court;

i s h , t, F.

"guardianship assistance payments" means e u g e b l payments made by the department to a kinship guardian or e e h n d d i successor guardian on behalf of a child pursuant to the terms = = o h l ] b ,d i a º e of a guardianship assistance agreement;

r i = r t e w d G.

"guardianship assistance program" means the m a n o d m :

b e d s º o t n = .224588.3AIC February 8, 2023 (2:57pm) s k m e - 43 - e a n e d r e l u [ A d SJC/SB 31 financial subsidy program provided for in the Kinship Guardianship Act;] E.

or (2) in the case of an Indian child who is a h member or eligible for membership in more than one tribe, the g o Indian tribe with which the Indian child has more significant t hr g e contacts;

i k h r H.

"Indian custodian" means an Indian who, pursuantSJC/SB i31 sPage h40 ,pursuant t, to tribal law or custom or pursuant to state law:

e u g e b l (1) is an adult with legal custody of an e e h n d d i Indian child;

or = = o h l ] b ,d i a º e (2) has been transferred temporary physical r i = r t e w d care, custody and control by the parent of the Indian child;

mI. a n o d m :

b e d s º o t n = .224588.3AIC February 8, 2023 (2:57pm) s k m e - 44 - e a n e d r e l u [ A d SJC/SB 31 I.

Section 1602(c) or a regional corporation as defined in 43 U.S.C.

[H.] J.

[I.K.

"legal"parent" custody" means a legalbiological statusor thatadoptive vestsparent inof a person,child departmentwhose orparental agencyrights thehave rightsnot been terminated and obligationsincludes han uindividual »identified ras thata wouldparent otherwiseunder vestthe byNew lawMexico inUniform aParentage parent;Act;

tand hL. g e J.] K.

"parent""relative" means aan biologicalindividual orrelated adoptiveto la iSJC/SB h31 rPage parent41 ofchild as a childspouse, whoseparent, parentalstepparent, rightsbrother, havesister, notstepbrother, beenstepsister, ihalf-brother, shalf-sister, huncle, ,aunt, terminatedniece, andnephew, includesfirst ancousin individualor identifiedany asperson adenoted parentby ethe hprefix t"grand" uor g"great", eor bthe lspouse underor theformer Newspouse Mexicoof Uniformthe Parentagepersons Act;specified." SECTION 23.

and e e , gh n d d i [K.] L.

"relative" means an individual related to a = = o h l ] b ,d child as a spouse, parent, stepparent, brother, sister, i a º r e r = t e w d stepbrother, stepsister, half-brother, half-sister, uncle, m a n o d m :

b r e t º o t n = .224588.3AIC February 8, 2023 (2:57pm) s k m e - 45 - e a n e d r e l u [ A d SJC/SB 31 aunt, niece, nephew, first cousin or any person denoted by the prefix "grand" or "great", or the spouse or former spouse of the persons specified [L.

"subsidized guardianship" means a guardianship that meets subsidy eligibility criteria pursuant to the Kinship Guardianship Act;

and M.

"voluntary placement agreement" means a written agreement between either the protective services division or juvenile justice division of the department or Indian tribe that has entered into a joint powers agreement and the parents or guardians of a child, which agreement shall not exceed one hundred eighty days unless there has been a judicial determination that such placement is in the best interests of the child, in which case the agreement may be extended for an additional one hundred eighty days, that specifies at least the following:

(1) whether the parent or guardian agrees to h u » r give legal custody of the child to the department;

t h g e (2) the rights and obligations of the parents l i h r or guardians, the child and the department, including that the i s h , parent or guardian has the right to revoke or terminate the e h t u g e b l placement agreement and grant of legal custody to the e e , gh n d d i department at any time;

and = = o h l ] b ,d (3) such other criteria as set forth by rule i a º r e r = t e w d promulgated by the department as necessary to comply with state m a n o d m :

b r e t º o t n = .224588.3AIC February 8, 2023 (2:57pm) s k m e - 46 - e a n e d r e l u [ A d SJC/SB 31 and federal law]." SECTION 23.

(2) a caregiver, who has reached the age of twenty-one, with whom no kinship with the child exists [and ] who has been nominated to be guardian of the child by the child, and the child has reached the age of fourteen;

[or ] (3) a caregiver designated formally or informally by a parent in writing if the designation indicates on its face that the parent signing understands:

h (b) that the parent has the right to be g o served with the petition and notices of hearings in the action;

t hr g e and iSJC/SB k31 hPage r42 (c) that the parent may appear in court i s h , t, to contest the guardianship;

or e u g e b l (4) a caregiver with whom the department has e e h n d d i placed the child pursuant to the Children's CodeCode. Sfl1ºand who = = o h l ] b ,d i a º e has obtained the written consent of the department to file the r i = r t e w d petition»Sfl1 .

mB. a n o d m :

b e d s º o t n = .224588.3AIC February 8, 2023 (2:57pm) s k m e - 47 - e a n e d r e l u [ A d SJC/SB 31 B.

h (7) the names and addresses of persons having g o legal custody of the child;

t hr g e (8) the existence of any matters pending i k h r involving the custody of the child;

i s h , t, (9) a statement that the petitioner agrees toSJC/SB e31 uPage g43 eto b l accept the duties and responsibilities of guardianship;

e e h n d d i (10) the existence of any matters pending = = o h l ] b ,d i a º e pursuant to the provisions of Chapter 32A, Article 4 NMSA 1978 r i = r t e w d and, if so, a statement that the [children,department youthconsents andto familiesthe ]relief mrequested ain nthe opetition; d m :

b e d s º o t n = .224588.3AIC February 8, 2023 (2:57pm) s k m e - 48 - e a n e d r e l u [ A d SJC/SB 31 department consents to the relief requested in the petition;

[(a)] (b) the tribal affiliations of the Indian child's parents;

and [(b) the specific actions taken by the petitioner to notify the parents' tribes and the results of the contacts, including the names, addresses, titles and telephone numbers of the persons contacted, and copies of correspondence with the tribe] (c) active efforts made to comply with the notice requirements pursuant to the Indian Family Protection Act, including results of the contact and the names, h addresses, titles and telephone numbers of the persons g o contacted.

Copies of any correspondence with the Indian t hr g e child's tribe shall be attached as exhibits to the petition;

i k h r and i s h , t, (12) other facts in support of the e u g e b l guardianship sought." e e h n d d i SECTION 24.

Section 40-10B-6 NMSA 1978 (being Laws 2001, = = o h l ] b ,d i a º e Chapter 167, Section 6, as amended) is amended to read:

r i = r t e w d "40-10B-6.

SERVICE OF PETITION--NOTICE--PARTIES.-- mSJC/SB a31 nPage o44 dA. m :

b e d s º o t n = .224588.3AIC February 8, 2023 (2:57pm) s k m e - 49 - e a n e d r e l u [ A d SJC/SB 31 A.

(1) the [children, youth and families ] department if there is any pending matter relating to the child pursuant to the provisions of [Chapter 32A, Article 4 NMSA 1978] the Children's Code;

and (5) if the child is an Indian child or there is reason to know the child is an Indian child [as defined in h the Children's Code] subject to the provisions of the Indian g o Family Protection Act, the appropriate Indian tribe and [the t hr g e child's parent or] any "Indian custodian", together with a i k h r notice of pendency of the guardianship proceedings, pursuant to i s h , t, the provisions of the Indian Family Protection Act.

e u g e b l C.

Service of process required by Subsection A of e e h n d d i this section shall be made in accordance with the requirements = = o h l ] b ,d i a º e for giving notice of a hearing pursuant to Subsection A of r i = r t e w d Section 45-1-401 NMSA 1978.

mD. a n o d m :

bThe epersons drequired sto ºbe oserved tpursuant nto =SJC/SB .224588.3AIC31 FebruaryPage 8,45 2023Subsection (2:57pm)B sof kthis msection ehave -a 50right -to efile a nresponse eas dparties rto ethis laction. u [ A d SJC/SB 31 D.

The persons required to be served pursuant to Subsection B of this section have a right to file a response as parties to this action.

After the filing of the petition, upon motion of the petitioner or a person required to be served pursuant to Subsection B of Section [6 of the Kinship Guardianship Act ] 40-10B-6 NMSA 19781978, , or upon its own motion, the court may appoint a temporary guardian to serve for not more than one hundred eighty days or until the case is decided on the merits, whichever occurs first.

The h motion and notice of hearing shall be served on all persons g o required to be served pursuant to Subsection B of Section [6 of t hr g e the Kinship Guardianship Act] 40-10B-6 NMSA 1978.

i k h r C.

An order pursuant to Subsection A of this i s h , t, section may be entered ex parte upon good cause shown.

If the e u g e b l order is entered ex parte, a copy of the order shall be served e e h n d d i on the persons required to be served pursuant to Subsection B = = o h l ] b ,d i a º e of Section [6 of the Kinship Guardianship Act ] 40-10B-6 NMSA r i = r t e w d 1978.

If a person files an objection to the order, the court mimmediately shall schedule a nhearing oto dbe mheld :within ten days of the date the objection is filed.

bNotice eof dthe shearing ºshall obe tgiven nto =SJC/SB .224588.3AIC31 FebruaryPage 8,46 2023the (2:57pm)petitioner sand kall mpersons erequired - 51 - e a n e d r e l u [ A d SJC/SB 31 immediately shall schedule a hearing to be heldserved withinpursuant tento daysSubsection B of theSection date40-10B-6 theNMSA objection1978." isSECTION filed.26.

Notice of the hearing shall be given to the petitioner and all persons required to be served pursuant to Subsection B of Section [6 of the Kinship Guardianship Act] 40-10B-6 NMSA 1978." SECTION 26.

HEARING--ELEMENTS OF PROOF--BURDEN OF PROOF--PROOF--JUDGMENT--CHILD JUDGMENT--CHILD SUPPORT.-- A.

In other cases, the court may dismiss the proceedings or make any other h disposition of the matter that will serve the best interests of g o the minor.

t hr g e B.

A guardian may be appointed pursuant to the i k h r Kinship Guardianship Act only if:

i s h , t, (1) a parent of the child is living and has e u g e b l consented in writing to the appointment of a guardian and the e e h n d d i consent has not been withdrawn;

= = o h l ] b ,d i a º e (2) a parent of the child is living but all r i = r t e w d parental rights in regard to the child have been terminated or msuspended aby nprior ocourt dorder; m :

bor e(3) dthe schild ºhas oresided twith nthe =SJC/SB .224588.3AIC31 FebruaryPage 8,47 2023petitioner (2:57pm)without sthe kparent mfor ea -period 52of -ninety edays or more immediately preceding the date the petition is filed and a nparent ehaving dlegal rcustody eof lthe uchild [is Acurrently dunwilling SJC/SBor 31unable suspendedto byprovide prioradequate courtcare, order;maintenance and supervision for the child or there are extraordinary circumstances;

or (3) the child has resided with the petitioner without the parent for a period of ninety days or more immediately preceding the date the petition is filed and a parent having legal custody of the child is currently unwilling or unable to provide adequate care, maintenance and supervision for the child or there are extraordinary circumstances;

[The court shall consider the potential impact of financial payments pursuant to h this subsection on the relationship of the parent and child and g o on the prospects of family reunification.] The court may use t hr g e the child support guidelines set forth in Section 40-4-11.1 i k h r NMSA 1978 to calculate a reasonable payment.

i s h , t, E.

The court may order visitation between a parent e u g e b l and child to maintain or rebuild a parent-child relationship if e e h n d d i the visitation is in the best interests of the child." = = o h l ] b ,d i a º e SECTION 27.

Section 40-10B-11 NMSA 1978 (being Laws 2001, r i = r t e w d Chapter 167, Section 11) is amended to read:

m"40-10B-11. a n o d m :

bNOMINATION eOBJECTION dBY sCHILD.--In ºa oproceeding tfor nappointment =of .224588.3AIC February 8, 2023 (2:57pm) s k m e - 53 - e a nguardian epursuant dto rthe eSJC/SB l31 uPage [48 AKinship dGuardianship SJC/SBAct: 31 "40-10B-11.

NOMINATION OBJECTION BY CHILD.--In a proceeding for appointment of a guardian pursuant to the Kinship Guardianship Act:

the court shall appoint a person nominated by a child who has reached [his fourteenth birthday ] the age of fourteen unless the court finds the nomination contrary to the best interests of the child;

the court shall not appoint a person as guardian if a child who has reached [his fourteenth birthday ] the age of fourteen files a written objection in the proceeding before the person accepts appointment as guardian unless the court makes a specific finding that it is in the best interest of the child." SECTION 28.

Any person, including a child who has reached h [his fourteenth birthday ] the age of fourteen, may move for g o revocation of a guardianship created pursuant to the Kinship t hr g e Guardianship Act.

The person requesting revocation shall i k h r attach to the motion a transition plan proposed to facilitate i s h , t, the reintegration of the child into the home of a parent or a e u g e b l new guardian.

A transition plan shall take into consideration e e h n d d i the child's age, development and any bond with the guardian.

= = o h l ] b ,d i a º e B.

If the court finds that a preponderance of the r i = r t e w d evidence proves a change in circumstances and the revocation is min athe nbest ointerests dof mthe :child, it shall grant the SJC/SB 31 Page 49 motion and:

b e d s º o t n = .224588.3AIC February 8, 2023 (2:57pm) s k m e - 54 - e a n e d r e l u [ A d SJC/SB 31 in the best interests of the child, it shall grant the motion and:

-SJC/SB 5531 -Page h50 u25 » r t h g e l i h r i s h , e h t u g e b l e e , gh n d d i = = o h l ] b ,d i a º r e r = t e w d m a n o d m :

b r e t º o t n = .224588.3AIC February 8, 2023 (2:57pm) s k m e e a n e d r e l u [ A d