HB 5 — OFFICE OF CHILD ADVOCATE ACT

andThe hcommittee gshall (b)actively asolicit, personaccept withand extensiveevaluate knowledgeapplications offor othe tposition hrof state child protectiveadvocate orand juvenilemay justicerequire services.»Sfl5applicants gto esubmit iany kinformation hthat rthe Sfl5ºcommittee B.deems relevant to the consideration of applications.

TheWithin committeeninety shalldays electbefore a chair from the idate son hwhich committee'sthe membership.»Sfl5term ,of t,a estate uchild gadvocate Sfl5ºends B.»Sfl5or Sfl5ºC.»Sfl5no Thelater committeethan shallthirty edays bafter lthe eoccurrence eof ha nvacancy din dthe istate meetchild HJCºadvocate byposition, September 1, 2025»HJC exclusively for the purposecommittee =shall =convene oand, hwithin lthirty ]days bafter ,dconvening, ofsubmit nominating persons to fillthe HJCºgovernor athe currentnames orof impendingpersons iwho aare ºrecommended efor rappointment ito =the rposition vacancyby in»HJCa themajority position of statethe childcommittee advocate.members.

TheD. t e w d m a n o d m :

bThe egovernor dshall sfill ºa ovacancy tor nappoint = .228742.8AIC March 15, 2025 (10:03am) s k m e - 5 - e a nsuccessor eto dfill ran eimpending lvacancy uin [the Aoffice dof committeestate shallHB actively5/a solicit,Page accept4 and evaluate applications for the position of state child advocate andwithin maythirty requiredays applicantsafter toreceiving submitfinal anynominations informationfrom that the committee deemsby relevantappointing toone of the considerationpersons ofnominated applications.by the committee.

WithinE. ninety days before the date on which the term of a state child advocate ends or no later than thirty days after the occurrence of a vacancy in the state child advocate position, the committee shall convene and, within thirty days after convening, submit to the governor Sfl1º and the attorney general»Sfl1 the names of persons who are recommended for appointment to the position by a majority of the committee members.

Sfl5ºC.»Sfl5The Sfl5ºD.»Sfl5committee Hfl1ºImmediatelyis afteradministratively receivingattached nominationsto for the stateoffice childof advocate, the governor or the attorney general maypursuant maketo onethe requestprovisions of theSection committee9-1-7 forNMSA submission1978. of additional names.

TheF. committee shall promptly submit those additional names if a majority of h the committee members find that additional persons would be u » r t h qualified and recommends those persons for appointment as state g e l i child advocate.»Hfl1 The governor shall fill a vacancy or h r i s appoint a successor to fill an impending vacancy in the office h , e h t u g of state child advocate within thirty days after receiving e b l e e , gh final nominations from the committee by appointing one of the n d d i = = o h persons nominated by the committee.

lAfter ]the binitial ,dmeeting iof the committee, the governor or a ºmajority rof ethe rcommittee =members Sfl5ºmay D.»Sfl5call Sfl5ºE.»Sfl5a Thesubsequent committeemeeting isof tthe ecommittee wto dnominate mpersons to fill a ncurrent oor dimpending mvacancy :in the position of state child advocate.

bG. r e t º o t n = .228742.8AIC March 15, 2025 (10:03am) s k m e - 6 - e a n e d r e l u [ A d administratively attached to the Sfl1ºSJCºstate department of justice»SJC SJCºattorney general's office»SJC»Sfl1 Sfl1º Sfl1ºstate department of justice»Sfl1»Sfl1 Sfl1ºoffice of the attorney general»Sfl1 pursuant to the provisions of Section 9-1-7 NMSA 1978.

Sfl5ºE.»Sfl5The Sfl5ºF.»Sfl5members After the initial meeting of the committee, the governor or a majority of the committee membersshall mayreceive callper Sfl1ºsubsequentdiem meetings»Sfl1and Sfl1ºmileage aas subsequentprovided meeting»Sfl1in of the committeePer toDiem nominateand personsMileage toAct filland ashall currentreceive orno impendingother vacancycompensation, inperquisite theor positionallowance." ofSECTION state6. child advocate.

Sfl5ºF.»Sfl5 Sfl5ºG.»Sfl5 The members of the committee shall receive per diem and mileage as provided in the Per Diem and Mileage Act and shall receive no other compensation, perquisite or allowance." SECTION 6.

h"OFFICE g "[NEW MATERIAL ] OFFICE OF CHILD ADVOCATE--POWERS--ADVOCATE--POWERS--DUTIES.--The o t hr DUTIES.--The office:

g e i k A.

h r i s h (1) review the department's provision of , t, e u g services to children and families, receive complaints e b l e e h concerning the actions of the department or of any entity or n d d i = = o h l ] b ,d person that provides services to children and families through i a º e r i = r funds provided by the department and make appropriate referrals t e w d m a n o when the state child advocate determines that a HB 5/a Page 5 child or family dmay mbe :in need of assistance;

b e d s º o t n = .228742.8AIC March 15, 2025 (10:03am) s k m e - 7 - e a n e d r e l u [ A d may be in need of assistance;

h g Sfl1º (6) decide, in its discretion, whether o t hr to investigate a complaint or refer complaints to another g e i k agency for investigation;»Sfl1 h r i s h Sfl1º (7)»Sfl1 Sfl1º(6)»Sfl1 upon rendering a , t, e u g decision to investigate a complaint, notify the complainant of e b l e e h the intention to investigate and, if the office declines to n d d i = = o h investigate a complaint or continue an investigation, notify l ] b ,d i a º e r i = r the complainant that no further action will be taken by the t e w d m a n o office;

d(7) mupdate :the complainant on the progress HB 5/a Page 6 of the investigation within thirty days and notify the complainant and the subjects of the complaint of the final outcome within ninety days of the completion of the investigation;

b(8) eanalyze dand smonitor º o t n = .228742.8AIC March 15, 2025 (10:03am) s k m e - 8 - e a n e d r e l u [ A d Sfl1º(8)»Sfl1 Sfl1º(7)»Sfl1 update the complainantdevelopment onand theimplementation progress of thefederal, investigationstate withinand thirtylocal dayslaws, Sfl1ºandregulations notify the complainant and thepolicies subjectsrelating ofto thechild complaintand offamily thewelfare finaland outcomerecommend withinchanges ninetywhen daysappropriate; of the completion of the investigation»Sfl1 ;

Sfl1º (9) workprovide ininformation collaborationabout with relevant parties to strengthen the department'schildren's services for children and families;»Sfl1families' Sfl1ºrights (10)»Sfl1 Sfl1º(8)»Sfl1 analyze and monitorresponsibilities therelated development and implementation of federal, state and local laws, regulations and policies relating to childdepartmental andservices; family welfare and recommend changes when appropriate;

Sfl1º(10) (11)»Sfl1provide Sfl1º(9)»Sfl1comprehensive Sfl1ºsupportinformation childrenconcerning child and familiesfamily bywelfare providing»Sfl1to Sfl1ºprovide»Sfl1 information about the children'sgovernor, andstate families'agencies rights and responsibilitieslegislators; related to departmental services;

Sfl1º(12)»Sfl1(11) Sfl1º(10)»Sfl1compile Sfl1ºuponan hannual greport request,»Sfl1pursuant provideto comprehensiveSection information7 concerningof o t hr child and family welfare to the governor,Office stateof agenciesChild andAdvocate gAct; e i k h r legislators;

i(12) saccess hinformation Sfl1º(13)»Sfl1or Sfl1º(11)»Sfl1records compilethat anthe ,department t,would ebe uentitled gto annualaccess reportor pursuantreceive toand Sectionthat 7are ofnecessary thefor Officecarrying ofout Childthe eprovisions bof lthe eOffice eof hChild Advocate Act;

n(13) daccess dand ireview =information, =records oor hdocuments lthat ]the bdepartment ,dwould Sfl5ºSfl1º(14)»Sfl1be Sfl1º(12)»Sfl1entitled subpoenato iaccess aor ºreceive, eincluding rrecords iof =third rparties, witnessesthat tothe provideoffice testimonydeems innecessary casesto inconduct which a fatalitythorough orand tindependent ereview wof d m a ncomplaint; o d m :

band eHB d5/a sPage º7 o(14) trefer nany =finding .228742.8AICof Marcha 15,violation 2025of (10:03am)federal sor kstate mconstitutional erights, -reckless 9disregard -for ethe ahealth nand esafety d r e l u [ A d near fatality of a child inor custodya haspattern occurred;»Sfl5of Sfl5ºconduct Sfl1º(15)»Sfl1 Sfl1º(13)»Sfl1»Sfl5 Sfl5º (12)»Sfl5 access information or recordsrepeated thatincidents Sfl1ºtheof departmentviolating wouldlaws beand entitledrules relating to accesschild or receive and that»Sfl1family arewelfare necessaryto for carrying out the provisionsattorney ofgeneral; the Office of Child Advocate Act;

Sfl1º(16) in the course of investigating a complaint, have authority to request, access and review information, records or documents, including records of third parties, that the office deems necessary to conduct a thorough and independent review of a complaint so long as the department would be entitled to access or receive such information, records or documents;»Sfl1 Sfl5ºand»Sfl5 Sfl1º Sfl5º (14)»Sfl5 Sfl5º(13)»Sfl5 access and review information, records or documents that the department would be entitled to access or receive, including records of third parties, that the office deems necessary to h g conduct a thorough and independent review of a complaint;»Sfl1 o t hr Sfl5º Sfl1º(17)»Sfl1 Sfl1º(15)»Sfl1 in the g e i k h r course of investigating a complaint, determine whether the i s h department or a department employee has violated a child's , t, e u g federal or state constitutional rights, acted with reckless e b l e e h n d d i disregard to a child's health and safety or engaged in a = = o h l ] b ,d pattern of conduct or repeated incidents of violating laws and i a º e r i = r rules relating to child and family welfare;

and»Sfl5 t e w d m a n o d m :

b e d s º o t n = .228742.8AIC March 15, 2025 (10:03am) s k m e - 10 - e a n e d r e l u [ A d Sfl5ºSfl1º(18)»Sfl1 Sfl1º(16)»Sfl1»Sfl5 Sfl5º (14)»Sfl5 refer any finding of a violation of federal or state constitutional rights, reckless disregard for the health and safety of a child or a pattern of conduct or repeated incidents of violating laws and rules relating to child and family welfare to the attorney general;

(1) Sfl1º adopt and promulgate rules pertaining to the administration of the office and, subject to appropriation,»Sfl1 hire and contract for such professional, technical and support staff as needed to carry out the functions of the office;

provided that Sfl1ºsuchemployees hiring and contracting shall be without regard to party affiliation and solely on the grounds of competence and fitness to perform the duties of the position.»Sfl1 Sfl1ºEmployees»Sfl1 Sfl1º employees»Sfl1 of the office, except the state child advocate, are subject to the provisions of the Personnel Act;

h g Sfl1ºand»Sfl1 o t hr (2) meet or communicate with any child in g e i k custody, receiving services under the supervision of the h r i s h department Sfl1º, subject to a referral to the department»Sfl1 , t, e u g or under investigation by the departmentdepartment; Sfl1º ."»Sfl1 Sfl1º;

e b l e e h and n d d i = = o h l ] b ,d (3) refer a complaint to another agency for iinvestigation." aSECTION º7. e r i = r investigation."»Sfl1 t e w d m a n o d m :

b e d s º o t n = .228742.8AIC March 15, 2025 (10:03am) s k m e - 11 - e a n e d r e l u [ A d SECTION 7.

"[NEW"ANNUAL MATERIAL] ANNUAL REPORT--REPORT CONTENTS--CREATION AND MAINTENANCE OF WEBSITE CONTAINING REPORT INFORMATION.-- A.

Each year, the office shall submit to the legislative finance committeecommittee, Sfl3º legislative health and human services committee»Sfl3committee, Sfl4ºnations,nations, tribes,tribes and pueblos of New Mexico»Sfl4Mexico, , the department, the supreme court and the governor on or before September 1 a report addressing services provided HB 5/a Page 8 by the department, including:

(3) the number of children removed from the h g household of a parent, foster parent or guardian;

o t hr (4) the number of children returned to a g e i k household from which they were removed;

h r i s h Sfl1º (5) the number of children removed from , t, e u g a household subsequent to being returned to a household from e b l e e h which they were removed;»Sfl1removed; n d d i = = o h l ] b ,d Sfl1º (5)»Sfl1 Sfl1º(6)»Sfl1 the number of i a º e r i = r children placed in a juvenile justice facility;

t(6) ethe wnumber dof mchildren aplaced nin oa Sfl1º(6)»Sfl1juvenile Sfl1º(7)»Sfl1justice thefacility; number of d m :

b(7) ethe dnumber sof º o t n = .228742.8AIC March 15, 2025 (10:03am) s k m e - 12 - e a n e d r e l u [ A d children in custody who have run away from a department placement, the number of children in custody who have been found after running away and the number of children in custody who are currently missing;

Sfl1º(8) (7)»Sfl1 Sfl1º(8)»Sfl1 the number of cases in which families subject to court-ordered treatment plans or voluntary placement agreements have absconded with children in custody;

Sfl1º(9) (8)»Sfl1 Sfl1º(9)»Sfl1 a review of systemic issues related to HB 5/a Page 9 services for assistance to children and families within the child protection and juvenile justice systems;

Sfl1º(10) (9)»Sfl1 Sfl1º(10)»Sfl1 findings and recommendations related to the implementation of the federal Indian Child Welfare Act of 1978 and the Indian Family Protection Act;

Sfl1º(11) (10)»Sfl1 Sfl1º(11)»Sfl1 h g recommendations related to improving department services for o t hr children and families;

g(12) e i k Sfl1º(11)»Sfl1 Sfl1º(12)»Sfl1 data h r i s h disaggregated by race, ethnicity, gender, geographic location, , t, e u g sexual identity, disability statusstatus, Sfl4º, tribal eaffiliation b l e e h affiliation»Sfl4 and any other categories that the office deems n d d i = = o h l ] b ,d necessary;

and i(13) a º e r i = r Sfl1º(12)»Sfl1 Sfl1º(13)»Sfl1 an outline of t e w d m a n o the training and certification process for the state child dadvocate mand :office staff.

b e d s º o t n = .228742.8AIC March 15, 2025 (10:03am) s k m e - 13 - e a n e d r e l u [ A d advocate and office staff.

The office shall create and maintain a web page on which the data contained in Subsection A Sfl5º of this section»Sfl5section shall be provided in an accessible manner and updated quarterly.

Each year, the annual report shall be posted to the web page created pursuant to Subsection C of this section." HB 5/a Page 10 SECTION 8.

"[NEW"TRAINING MATERIAL] TRAINING AND CERTIFICATION.-- A.

(1) federal, state, local and tribal laws, h g regulations and policies with respect to child protection and o t hr juvenile justice services in the state;

g e i k (2) investigative techniques, including h r i s h trauma-informed care and questioning;

, t, e u g (3) the federal Indian Child Welfare Act of e b l e e h 1978, the Indian Family Protection Act, tribal culture, tribal n d d i = = o h relations and sovereign nation status;

l ] b ,d i a º e r i = r (4) department policies and procedures, t e w d m a n o including policies and procedures related to abuse and neglect, dout-of-home mplacement :and safety and risk assessments;

b e d s º o t n = .228742.8AIC March 15, 2025 (10:03am) s k m e - 14 - e a n e d r e l u [ A d out-of-home placement and safety and risk assessments;

An officer, employee or other representative of the office shall not investigate any complaint filed with the office unless that person is certified by the office." HB 5/a Page 11 SECTION 9.

"[NEW"CONFLICT MATERIAL] CONFLICT OF INTEREST.--Persons who are employees of the office or who have contracts with the office shall not have a conflict of interest with the department or with an entity that provides services to children and families through funds provided by the department relating to the performance of their responsibilities pursuant to the h g Children's Code.

For the purposes of this section, a conflict o t hr of interest exists whenever the state child advocate, an g e i k employee of the office or a person having a contract with the h r i s office:

h , t, e u g A.

has direct involvement in the licensing, e b l e e h certification or accreditation of a provider or facility n d d i = = o h delivering services to children and families;

l ] b ,d i a º e r i = r B.

has Sfl1ºan a direct»Sfl1 Sfl1ºan»Sfl1 ownership t e w d m a n o interest in a provider or facility delivering services to dchildren mand :families;

b e d s º o t n = .228742.8AIC March 15, 2025 (10:03am) s k m e - 15 - e a n e d r e l u [ A d children and families;

"[NEWHB MATERIAL]5/a INCIDENTS,Page 12 "INCIDENTS, FATALITIES AND NEAR FATALITIES.-- A.

The department shall provide the office with a copy of all reports related to actual physical injury to a child in custodycustody. Sfl5º or at a significant risk of such an injury»Sfl5 .

The department shall provide the office with a h g written notification within seventy-two hours of:

o t hr (1) a fatality or near fatality of a child in g e i k custody or referred or receiving services under the supervision h r i s h of the department;

and , t, e u g (2) the restraint or seclusion of a child in e b l e e h custody." n d d i = = o h SECTION 11.

A new section of the Children's Code is l ] b ,d i a º e r i = r enacted to read:

t e w d m a n o "[NEW MATERIAL] LAW ENFORCEMENT REPORTS.--Upon request by d m :

b e d s º o t n = .228742.8AIC March 15, 2025 (10:03am) s k m e - 16 - e a n e d r e l u [ A d the office, law enforcement agencies shall share with the office all law enforcement reports involving a child in custody, receiving services under the supervision of the department Sfl1º , subject to a referral to the department or»Sfl1 Sfl1ºor whose parent, guardian or custodian is»Sfl1 under investigation by the department." SECTION 12.

"[NEW"LAW MATERIAL]ENFORCEMENT CONFIDENTIALITYREPORTS.--Upon OFrequest INFORMATION.--by A.the office, law enforcement agencies shall share with the office all law enforcement reports involving a child in custody, receiving services under the supervision of the department or whose parent, guardian or custodian is under investigation by the department." SECTION 12.

Sfl1ºThe»Sfl1A Sfl1ºExceptnew assection provided in Subsection B of this section, the»Sfl1 office shall maintain the confidentialityChildren's ofCode allis caseenacted records,to third-partyread: records and court records, as well as any information gathered in the course of investigations and system monitoring duties.

"CONFIDENTIALITY OF INFORMATION.-- A.

Except as provided in Subsection B of this section, the office shall maintain the confidentiality of all case records, third-party records and court records, as well HB 5/a Page 13 as any information gathered in the course of investigations and system monitoring duties.

h g (1) ordered by the court;

o t hr (2) necessary to prevent imminent harm and the g e i k imminent harm is communicated directly to the state child h r i s h advocate or staff of the office;

, t, e u g (3) necessary to the department Sfl1º in e b l e e h order»Sfl1 for the department to determine the appropriateness n d d i = = o h l ] b ,d of initiating an investigation regarding potential abuse or i a º e r i = r neglect or other emergency circumstances;

or t(4) enecessary wto dthe mdepartment afor nthe odepartment (4)to necessarydetermine the appropriateness of initiating an investigation to thedetermine departmentfacility Sfl1ºincompliance dwith mapplicable :rules of licensure or certification or both.

b e d s º o t n = .228742.8AIC March 15, 2025 (10:03am) s k m e - 17 - e a n e d r e l u [ A d order»Sfl1 for the department to determine the appropriateness of initiating an investigation to determine facility compliance with applicable rules of licensure or certification or both.

Sfl1ºNotwithstandingThe Subsection A of this section, the»Sfl1 Sfl1ºThe»Sfl1 office may publicly report any patterns of conduct or repeated incidents identified by the office in carrying out the provisions of the Office of Child Advocate Act;

(1) individually identifiable information about a childchild; Sfl3º unless the information is already known to the public»Sfl3 ;

and (2) investigation findings when there is a HB 5/a Page 14 pending law enforcement investigation or prosecution." SECTION 13.

"[NEW"OTHER MATERIAL] OTHER REMEDIES.--An individual who pursues h g remedies pursuant to the Office of Child Advocate Act is not o t hr precluded from pursuing other legal or equitable remedies." g e i k SECTION 14.

A new section of the Children's Code is h r i s h enacted to read:

,"NOTIFICATION t, e u g "[NEW MATERIAL] NOTIFICATION OF OFFICE OF CHILD e b l e e h ADVOCATE.--The department shall notify all children in custody, n d d i = = o h l ] b ,d receiving services under the supervision of the department ior aunder ºinvestigation eby rthe idepartment =and rtheir Sfl1ºparents, ,guardians, subjectfoster toparents aand referralfictive tokin of the department»Sfl1existence orof underthe toffice, eits wpurpose dand mfunction aand nits otoll-free investigationhotline byand theelectronic departmentcommunication andportal theirwith parents,instructions guardians,for daccess." mSECTION :15.

b e d s º o t n = .228742.8AIC March 15, 2025 (10:03am) s k m e - 18 - e a n e d r e l u [ A dnew fostersection parents and fictive kin of the existenceChildren's ofCode theis office,enacted itsto purposeread: and function and its toll-free hotline and electronic communication portal with instructions for access." SECTION 15.

A"ACTION newBY sectionTHE ofATTORNEY theGENERAL.-- Children’sA. Code is enacted to read:

"[NEWThe MATERIAL]attorney ACTIONgeneral BYmay THEbring ATTORNEYa GENERAL.--civil A.cause of action for declaratory or injunctive relief against the department based on a finding by the office of a violation of federal or state constitutional rights, reckless disregard of the health and safety of a child or a pattern of conduct or repeated incidents of violating laws and rules relating to HB 5/a Page 15 child and family welfare.

The attorney general may bring a civil cause of action for declaratory or injunctive relief against the department Sfl1º or a department employee»Sfl1 based on a finding by the office of a violation of federal or state constitutional rights, reckless disregard of the health and safety of a child or a pattern of conduct or repeated incidents of violating laws and rules relating to child and family welfare.

Sfl5º B.

The attorney general shall develop and implement procedures to prevent conflicts of interest in the investigation or prosecution of the department or an employee h g of the department, including procedures regarding segregation o t hr or sequestration of information related to such investigations g e i k or prosecutions.»Sfl5 h r i s h Sfl5º B.»Sfl5 Sfl5ºC.»Sfl5 The authority provided , t, e u g in this section is in addition to the other powers and duties e b l e e h of the attorney general and does not prevent prosecution for a n d d i = = o h l ] b ,d violation of the Criminal Code." i a º e r i = r SECTION 16.

Section 32A-2-32 NMSA 1978 (being Laws 1993, t e w d m a n o Chapter 77, Section 61, as amended) is amended to read:

d m :

b e d s º o t n = .228742.8AIC March 15, 2025 (10:03am) s k m e - 19 - e a n e d r e l u [ A d "32A-2-32.

CONFIDENTIALITY--RECORDS.-- A.

All records pertaining to the child, including all related social records, behavioral health screenings, diagnostic evaluations, psychiatric reports, medical reports, social studies reports, records from local detention facilities, client-identifying records from facilities for the care and rehabilitation of delinquent children, pre-parole or supervised release reports and supervision histories obtained by the juvenile probation office, parole officers and the juvenile public safety advisory board or in possession of the department, are confidential and shall not be disclosed directly or indirectly to the public.

The attorney general shall develop and implement procedures to prevent conflicts of interest in the investigation or prosecution of the department or an employee of the department, including procedures regarding segregation or sequestration of information related to such investigations or prosecutions.

C.

The authority provided in this section is in addition to the other powers and duties of the attorney general and does not prevent prosecution for a violation of the Criminal Code." SECTION 16.

Section 32A-2-32 NMSA 1978 (being Laws 1993, Chapter 77, Section 61, as amended) is amended to read:

"32A-2-32.

CONFIDENTIALITY--RECORDS.-- A.

All records pertaining to the child, including all related social records, behavioral health screenings, diagnostic evaluations, psychiatric reports, medical reports, social studies reports, records from local detention facilities, client-identifying records from facilities for the care and rehabilitation of delinquent children, pre- parole or supervised release reports and supervision histories obtained by the juvenile probation office, parole officers and the juvenile public safety advisory board or in possession of the department, are confidential and shall not be disclosed directly or indirectly to the public.

HB 5/a Page 16 B.

The records described in Subsection A of this section, other than mental health and developmental disability h g records, shall be disclosed only to any of the following, o t hr provided that the agency, person or institution receiving g e i k information shall not re-release the information without proper h r i s consent or as otherwise provided by law:

h , t, e u g (1) court personnel;

e b l e e h (2) the child's court appointed special n d d i = = o h advocates;

l ] b ,d i a º e r i = r (3) the child's attorney or guardian ad litem t e w d m a n o representing the child in any matter;

d(4) mdepartment :personnel;

b e d s º o t n = .228742.8AIC March 15, 2025 (10:03am) s k m e - 20 - e a n e d r e l u [ A d (4) department personnel;

(9) those persons or entities of a child's Indian tribe specifically authorized to inspect such records HB 5/a Page 17 pursuant to the federal Indian Child Welfare Act of 1978, the Indian Family Protection Act or any regulations promulgated under [that act ] those acts;

(11) a foster parent, if the records are those of a child currently placed with that foster parent or of a h g child being considered for placement with that foster parent, o t hr when the disclosure of the information is necessary for the g e i k child's treatment or care and shall include only that h r i s information necessary to provide for treatment and care of the h , t, e u g child;

e b l e e h (12) school personnel involved with the child n d d i = = o h if the records concern the child's educational needs, but shall l ] b ,d i a º e r i = r only include that information necessary to provide for the t e w d m a n o child's educational planning and needs;

d(13) ma :health care or mental health professional involved in the evaluation or treatment of the child, the child's parents, guardians or custodian or other family members;

b e d s º o t n = .228742.8AIC March 15, 2025 (10:03am) s k m e - 21 - e a n e d r e l u [ A d (13) a health care or mental health professional involved in the evaluation or treatment of the child, the child's parents, guardians or custodian or other family members;

(15) the child's parent, guardian or legal custodian when the disclosure of the information is necessary for the child's treatment or care and shall include only that HB 5/a Page 18 information necessary to provide for the treatment or care of the child;

[and ] (17) the child, if fourteen years of age or older;

and h g (18) the attorney general and the office of o t hr child advocate and its employees and contractors, pursuant to g e i k the requirements of the Office of Child Advocate Act, if the h r i s records are needed for the purpose of implementing that act.

h , t, e u g D.

If disclosure of otherwise confidential records e b l e e h is made to the child or any other person or entity pursuant to n d d i = = o h a valid release of information signed by the child, all victim l ] b ,d i a º e r i = r or witness identifying information shall be redacted or t e w d m a n o otherwise deleted.

dE. m :

b e d s º o t n = .228742.8AIC March 15, 2025 (10:03am) s k m e - 22 - e a n e d r e l u [ A d E.

The department shall promulgate rules for implementing disclosure of records pursuant to this section and in compliance with state and federal law and the HB 5/a Page 19 Children's Court Rules." SECTION 17.

All records or information concerning a party to a neglect or abuse proceeding, including social records, diagnostic evaluations, psychiatric or psychological reports, videotapes, transcripts and audio recordings of a child's statement of abuse or medical reports incident to or obtained as a result of a neglect or abuse proceeding or that were h g produced or obtained during an investigation in anticipation of o t hr or incident to a neglect or abuse proceeding shall be g e i k confidential and closed to the public.

h r i s B.

The records described in Subsection A of this h , t, e u g section shall be disclosed only to the parties and:

e b l e e h (1) court personnel and persons or entities n d d i = = o h authorized by contract with the court to review, inspect or l ] b ,d i a º e r i = r otherwise have access to records or information in the court's t e w d m a n o possession;

d(2) mcourt-appointed :special advocates appointed to the neglect or abuse proceeding;

b e d s º o t n = .228742.8AIC March 15, 2025 (10:03am) s k m e - 23 - e a n e d r e l u [ A d (2) court-appointed special advocates appointed to the neglect or abuse proceeding;

(4) the attorney representing the child in an abuse or neglect action, a delinquency action or any other HB 5/a Page 20 action under the Children's Code;

h g (9) any state government or tribal government o t hr social services agency in any state or when, in the opinion of g e i k the department, it is in the best interest of the child, a h r i s governmental social services agency of another country;

h , t, e u g (10) a foster parent, if the records are those e b l e e h of a child currently placed with that foster parent or of a n d d i = = o h child being considered for placement with that foster parent l ] b ,d i a º e r i = r and the records concern the social, medical, psychological or t e w d m a n o educational needs of the child;

d(11) mschool :personnel involved with the child if the records concern the child's social or HB 5/a Page 21 educational needs;

b e d s º o t n = .228742.8AIC March 15, 2025 (10:03am) s k m e - 24 - e a n e d r e l u [ A d (11) school personnel involved with the child if the records concern the child's social or educational needs;

(15) children's safehouse organizations h g conducting investigatory interviews of children on behalf of a o t hr law enforcement agency or the department;

g e i k (16) representatives of the federal government h r i s or their contractors authorized by federal statute or h , t, e u g regulation to review, inspect, audit or otherwise have access e b l e e h to records and information pertaining to neglect or abuse n d d i = = o h proceedings;

l(17) ]any bperson ,dor ientity attending a ºmeeting earranged rby ithe =department rto (17)discuss anythe personsafety, orHB entity5/a attendingPage 22 well-being and permanency of a meetingchild, twhen ethe wparent dor mchild, aor nparent oor arrangedlegal bycustodian theon departmentbehalf toof discussa thechild safety,younger well-beingthan dfourteen myears :of age, has consented to the disclosure;

b(18) eany dother sperson ºor oentity, tby norder =of .228742.8AICthe Marchcourt, 15,having 2025 (10:03am) s k m e - 25 - e a nlegitimate einterest din r e l u [ A d and permanency of a child, when the parentcase or child,the orwork parent or legal custodian on behalf of a child younger than fourteen years of age, has consented to the disclosure;court;

[and ] (18) any other person or entity, by order of the court, having a legitimate interest in the case or the work of the court;

provided that any identifying information related to the reporting party or any other party providing information h shall be deleted.

The parent, guardian or legal custodian u » r t h shall also have the right to the results of the investigation g e l i and the right to petition the court for full access to all h r i s department records and information except those records and h , e h t u g information the department finds would be likely to endanger e b l e e , gh the life or safety of any person providing information to the n d d i = = o h department.

lHB ]5/a bPage ,d23 i a º r D.

Whoever intentionally and unlawfully releases eany rinformation =or trecords eclosed wto dthe mpublic apursuant nto othe anyAbuse informationand Neglect Act or releases or makes other unlawful use of records closedin toviolation theof publicthat act is guilty of a petty misdemeanor and shall be sentenced pursuant to the dprovisions mof :Section 31-19-1 NMSA 1978.

b r e t º o t n = .228742.8AIC March 15, 2025 (10:03am) s k m e - 26 - e a n e d r e l u [ A d Abuse and Neglect Act or releases or 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 Children's Court Rules." Sfl1ºSECTIONSECTION 18.

RIGHT TO INSPECT PUBLIC RECORDS--EXCEPTIONS.--EveryRECORDS–EXCEPTIONS.-- Every person has a right to inspect public records of this state except:

letters of reference concerning employment, h g licensing or permits;

o t hr C.

letters or memoranda that are matters of opinion g e i k in personnel files or students' cumulative files;

h r i s h D.

portions of law enforcement records as provided , t, e u g in Section 14-2-1.2 NMSA 1978;

e b l e e h E.

nHB d5/a dPage i24 = = o h l ] b ,d F.

i a º e r i = r G.

tH. e w d m a n o d m :

b e d s º o t n = .228742.8AIC March 15, 2025 (10:03am) s k m e - 27 - e a n e d r e l u [ A d H.

(2) internal and external audits of information technology systems, except for those portions that h u would reveal ongoing vulnerabilities that compromise or allow » r t h unlawful access to such systems;

or g e l i (3) information to authenticate or validate h r i s h , records received pursuant to a request fulfilled pursuant to e h t u g the Inspection of Public Records Act;

e b l e e , gh K.

submissions in response to a competitive grant, nHB d5/a dPage i25 = = o h l ] b ,d land lease or scholarship and related scoring materials and i a º r e r = evaluation reports until finalists are publicly named or the taward eis wannounced; d m a n o d m :

bL. r e t º o t n = .228742.8AIC March 15, 2025 (10:03am) s k m e - 28 - e a n e d r e l u [ A d award is announced;

[and] L.

and [L.] M.

as otherwise provided by law."»Sfl1law." SECTION Sfl1º19. 18.»Sfl1 Sfl1º19.»Sfl1 EFFECTIVE DATE.-- The effective date of the provisions of this act is July 1, 2025.

-EFFECTIVE 29DATE.--The -effective hdate uof »the rHB t5/a hPage g26 eprovisions lof ithis hact ris iJuly s1, h2025. , 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 :

b25 r e t º o t n = .228742.8AIC March 15, 2025 (10:03am) s k m e e a n e d r e l u [ A d