New Mexico 2025 Regular Session Status: In Committee Bipartisan · 2 D · 1 R cosponsors

SB 84 — SHARING OF CERTAIN CYFD INFO

Last action — action postponed indefinitely

  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2025 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

473 added · 420 removed

Plain-language change summary

The redline shows that several phrases were added and removed from the bill SB 84, focusing on child welfare provisions. Notably, the bill now includes language that emphasizes a child's unique needs and the importance of an emotional relationship with a parent or guardian. It matters because these changes aim to provide clearer guidance on how to support children's best interests during abuse and neglect hearings. By refining these definitions, the bill seeks to strengthen protections for vulnerable children and ensure that their voices and relationships are prioritized.

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SENATE BILL 84 57TH LEGISLATURE -STATEOFNEWMEXICO- FIRST SESSION, 2025 INTRODUCED BY Katy M.
SENATE HEALTH AND PUBLIC AFFAIRS COMMITTEE SUBSTITUTE FOR SENATE BILL 84 57TH LEGISLATURE -STATEOFNEWMEXICO- FIRST SESSION, 2025 4 6 8 10 AN ACT RELATING TO CHILDREN;
Duhigg and Heather Berghmans and Crystal Brantley 6 8 10 AN ACT RELATING TO CHILDREN;
.229544.1 A.
.231376.1 SHPAC/SB 84 A.
e t 17 (2) who has suffered physical abuse, emotional w l n d 18 abuse or psychological abuse inflicted or caused by the child's = = 19 a l parent, guardian or custodian;
e t 17 (2) who has suffered physical abuse, emotional w l n d 18 abuse or psychological abuse inflicted or caused by the child's = = 19 parent, guardian or custodian;
i a e r 20 (3) who has suffered sexual abuse or sexual a t m m 21 exploitation inflicted by the child's parent, guardian or d r e 22 custodian;
a l i a e r 20 (3) who has suffered sexual abuse or sexual a t m m 21 exploitation inflicted by the child's parent, guardian or d r e 22 custodian;
or .229544.1 - 2 - (5) whose parent, guardian or custodian has knowingly or intentionally tortured, cruelly confined or cruelly punished the child;
or .231376.1 - 2 - SHPAC/SB 84 (5) whose parent, guardian or custodian has knowingly or intentionally tortured, cruelly confined or cruelly punished the child;
"educational decision maker" means an individual w l n d 18 appointed by the children's court to attend school meetings and = = 19 a l to make decisions about the child's education that a parent i a e r 20 could make under law, including decisions about the child's a t m m 21 educational setting, and the development and implementation of d r e 22 an individual education plan for the child;
"educational decision maker" means an individual w l n d 18 appointed by the children's court to attend school meetings and = = 19 to make decisions about the child's education that a parent a l i a e r 20 could make under law, including decisions about the child's a t m m 21 educational setting, and the development and implementation of d r e 22 an individual education plan for the child;
.229544.1 - 3 - F.
.231376.1 - 3 - SHPAC/SB 84 F.
w l n d 18 (4) whose parent, guardian or custodian is = = 19 a l unable to discharge that person's responsibilities to and for i a e r 20 the child because of incarceration, hospitalization or physical a t m m 21 or mental disorder or incapacity;
w l n d 18 (4) whose parent, guardian or custodian is = = 19 unable to discharge that person's responsibilities to and for a l i a e r 20 the child because of incarceration, hospitalization or physical a t m m 21 or mental disorder or incapacity;
provided that nothing in the e a n b 24 Children's Code shall be construed to imply that a child who is u [ being provided with treatment by spiritual means alone through .229544.1 - 4 - prayer, in accordance with the tenets and practices of a recognized church or religious denomination, by a duly accredited practitioner thereof is for that reason alone a neglected child within the meaning of the Children's Code;
provided that nothing in the e a n b 24 Children's Code shall be construed to imply that a child who is u [ being provided with treatment by spiritual means alone through .231376.1 - 4 - SHPAC/SB 84 prayer, in accordance with the tenets and practices of a recognized church or religious denomination, by a duly accredited practitioner thereof is for that reason alone a neglected child within the meaning of the Children's Code;
= = 19 a l (3) the explanation given for the death is at i a e r 20 variance with the nature of the death;
= = 19 (3) the explanation given for the death is at a l i a e r 20 variance with the nature of the death;
.229544.1 - 5 - [J.] K.
.231376.1 - 5 - SHPAC/SB 84 [J.] K.
"transition plan" means an individualized = = 19 a l written plan for a child, based on the unique needs of the i a e r 20 child, that outlines all appropriate services to be provided to a t m m 21 the child to increase independent living skills.
"transition plan" means an individualized = = 19 written plan for a child, based on the unique needs of the a l i a e r 20 child, that outlines all appropriate services to be provided to a t m m 21 the child to increase independent living skills.
Section 32A-4-20 NMSA 1978 (being Laws 1993, .229544.1 - 6 - Chapter 77, Section 114, as amended) is amended to read:
Section 32A-4-20 NMSA 1978 (being Laws 1993, .231376.1 - 6 - SHPAC/SB 84 Chapter 77, Section 114, as amended) is amended to read:
All abuse and neglect hearings shall be closed to the general public.
[All] Abuse and neglect hearings shall be closed to the general public.
Those other persons the court finds to have a proper interest in the case or in the work of the court may be admitted by the court e t 17 to closed hearings on the condition that they refrain from w l n d 18 divulging any information that would identify the child or = = 19 a l family involved in the proceedings.
Those other persons the court finds to have a proper interest in the case or in the work of the court may be admitted by the court e t 17 to closed hearings on the condition that they refrain from w l n d 18 divulging any information that would identify the child or = = 19 family involved in the proceedings.
i a e r 20 D.
a l i a e r 20 D.
Accredited representatives of the news media a t m m 21 shall be allowed to be present at closed hearings, [subject to] d r e 22 on the condition that they refrain from divulging information c e s k 23 that would identify [any] the child involved in the proceedings e a n b 24 or the parent, guardian or custodian of that child and subject u [ to enabling [regulations] rules as the court finds necessary .229544.1 - 7 - for the maintenance of order and decorum and for the furtherance of the purposes of the Children's Code.
Accredited representatives of the news media a t m m 21 shall be allowed to be present at closed hearings, [subject to] d r e 22 on the condition that they refrain from divulging information c e s k 23 that would identify [any] the child involved in the proceedings e a n b 24 or the parent or guardian [or custodian] of that child and u [ subject to enabling [regulations] rules as the court finds .231376.1 - 7 - SHPAC/SB 84 necessary for the maintenance of order and decorum and for the furtherance of the purposes of the Children's Code.
= = 19 a l G.
= = 19 G.
The court shall determine if the allegations of i a e r 20 the petition are admitted or denied.
The court shall determine if the allegations of a l i a e r 20 the petition are admitted or denied.
If the petition alleges that the parent, .229544.1 - 8 - guardian or custodian has subjected the child to aggravated circumstances, then the court shall also make and record its findings on whether the aggravated circumstances have been proven.
If the petition alleges that the parent, .231376.1 - 8 - SHPAC/SB 84 guardian or custodian has subjected the child to aggravated circumstances, then the court shall also make and record its findings on whether the aggravated circumstances have been proven.
In that part of the hearings held under the = = 19 a l Children's Code on dispositional issues, all relevant and i a e r 20 material evidence helpful in determining the questions a t m m 21 presented, including oral and written reports, may be received d r e 22 by the court and may be relied upon to the extent of its c e s k 23 probative value even though not competent had it been offered e a n b 24 during the part of the hearings on adjudicatory issues.
In that part of the hearings held under the = = 19 Children's Code on dispositional issues, all relevant and a l i a e r 20 material evidence helpful in determining the questions a t m m 21 presented, including oral and written reports, may be received d r e 22 by the court and may be relied upon to the extent of its c e s k 23 probative value even though not competent had it been offered e a n b 24 during the part of the hearings on adjudicatory issues.
On the court's motion or that of a party, the .229544.1 - 9 - court may continue the hearing on the petition for a period not to exceed thirty days to receive reports and other evidence in connection with disposition.
On the court's motion or that of a party, the .231376.1 - 9 - SHPAC/SB 84 court may continue the hearing on the petition for a period not to exceed thirty days to receive reports and other evidence in connection with disposition.
(1) in the case of the death or near death of e t 17 a child;
(1) in the case of the fatality or near e t 17 fatality of a child;
w l n d 18 (2) in cases in which a child is missing or = = 19 a l abducted or the child is or may be in danger of serious injury i a e r 20 or death unless immediate action is taken or there are other a t m m 21 exigent circumstances, the department shall release to law d r e 22 enforcement and the nationally recognized organization that c e s k 23 serves as the national clearinghouse and resource center for e a n b 24 information about missing and exploited children as much u [ personal identifier information as necessary to identify the .229544.1 - 10 - child, a possible abductor or a suspect in an abuse or neglect case or to protect evidence of a crime against the child;
w l n d 18 (2) in cases in which a child is missing or = = 19 abducted or the child is or may be in danger of serious injury a l i a e r 20 or death unless immediate action is taken or there are other a t m m 21 exigent circumstances, the department shall release to law d r e 22 enforcement and the nationally recognized organization that c e s k 23 serves as the national clearinghouse and resource center for e a n b 24 information about missing and exploited children as much u [ personal identifier information as necessary to identify the .231376.1 - 10 - SHPAC/SB 84 child, a possible abductor or a suspect in an abuse or neglect case or to protect evidence of a crime against the child;
or (3) to the persons enumerated in Subsection E of this section.
(3) when a child or child's parent or guardian has been publicly identified by a person outside the department, but only that personal identifier information that has been publicly identified;
or (4) to the persons enumerated in Subsection E of this section.
Information released by the department that has not otherwise been publicly released shall be redacted as needed to safeguard personal identifier information of the child and the child's family.
Information released by the department that has not otherwise been publicly released shall be redacted as e t 17 needed to safeguard personal identifier information of the w l n d 18 child and the child's family.
In a case in which a child or the child's family has been publicly identified through news reports, a lawsuit or other means, the department may respond e t 17 publicly with factual and complete information about the w l n d 18 actions the department has taken in the case.
In a case in which a child or = = 19 the child's family has been publicly identified through news a l i a e r 20 reports, a lawsuit or other means, the department may respond a t m m 21 publicly with factual and complete information about the d r e 22 actions the department has taken in the case.
= = 19 a l [A.
c e s k 23 [A.
Redacted information i a e r 20 concerning a party to a neglect or abuse proceeding, including a t m m 21 social records, diagnostic evaluations, psychiatric or d r e 22 psychological reports, videotapes, transcripts and audio c e s k 23 recordings of a child's statement of abuse or medical reports e a n b 24 incident to or obtained as a result of a neglect or abuse u [ proceeding or that were produced or obtained during an .229544.1 - 11 - investigation in anticipation of or incident to a neglect or abuse proceeding, [shall be confidential and closed to the public] may be released by the department to a person who is conducting bona fide research or investigations, the results of which should provide the department information on child abuse and neglect that would be useful to the department in developing policy and practice.
Other than in the case of a e a n b 24 fatality, redacted information concerning a party to a neglect u [ or abuse proceeding, including social records, diagnostic .231376.1 - 11 - SHPAC/SB 84 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 produced or obtained during an investigation in anticipation of or incident to a neglect or abuse proceeding, [shall be confidential and closed to the public] may be released by the department to a person who is conducting bona fide research or investigations, the results of which should provide the department information on child abuse and neglect that would be useful to the department in developing policy and practice.
(1) court personnel and persons or entities authorized by contract with the court to review, inspect or otherwise have access to [records or] information in the court's possession;
(1) court personnel and persons or entities authorized by contract with the court to review, inspect or e t 17 otherwise have access to [records or] information in the w l n d 18 court's possession;
(2) court-appointed special advocates appointed to the neglect or abuse proceeding;
= = 19 (2) court-appointed special advocates a l i a e r 20 appointed to the neglect or abuse proceeding;
e t 17 (3) the child's guardian ad litem;
a t m m 21 (3) the child's guardian ad litem;
w l n d 18 (4) the attorney representing the child in an = = 19 a l abuse or neglect action, a delinquency action or any other i a e r 20 action under the Children's Code;
d r e 22 (4) the attorney representing the child in an c e s k 23 abuse or neglect action, a delinquency action or any other e a n b 24 action under the Children's Code;
a t m m 21 (5) department personnel and persons or d r e 22 entities authorized by contract with the department to review, c e s k 23 inspect or otherwise have access to [records or] information in e a n b 24 the department's possession;
u [ (5) department personnel and persons or .231376.1 - 12 - SHPAC/SB 84 entities authorized by contract with the department to review, inspect or otherwise have access to [records or] information in the department's possession;
u [ (6) any local substitute care review board or .229544.1 - 12 - any agency contracted to implement local substitute care review boards;
(6) any local substitute care review board or any agency contracted to implement local substitute care review boards;
(10) a foster parent, if the [records are those] information is that of a child currently placed with that foster parent or of a child being considered for placement with that foster parent and the [records concern] information concerns the social, medical, psychological or educational needs of the child;
(10) a foster parent, if the [records are those] information is that of a child currently placed with e t 17 that foster parent or of a child being considered for placement w l n d 18 with that foster parent and the [records concern] information = = 19 concerns the social, medical, psychological or educational a l i a e r 20 needs of the child;
e t 17 (11) school personnel involved with the child w l n d 18 but only if the [records concern] information concerns the = = 19 a l child's social, medical or educational needs;
a t m m 21 (11) school personnel involved with the child d r e 22 but only if the [records concern] information concerns the c e s k 23 child's social, medical or educational needs;
i a e r 20 (12) a grandparent, parent of a sibling, a t m m 21 relative or fictive kin, if the [records or] information d r e 22 [pertain] pertains to a child being considered for placement c e s k 23 with that grandparent, parent of a sibling, relative or fictive e a n b 24 kin and the [records or] information [concern] concerns the u [ social, medical, psychological or educational needs of the .229544.1 - 13 - child;
e a n b 24 (12) a grandparent, parent of a sibling, u [ relative or fictive kin, if the [records or] information .231376.1 - 13 - SHPAC/SB 84 [pertain] pertains to a child being considered for placement with that grandparent, parent of a sibling, relative or fictive kin and the [records or] information [concern] concerns the social, medical, psychological or educational needs of the child;
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(16) representatives of the federal government or their contractors authorized by federal statute or regulation to review, inspect, audit or otherwise have access to [records and] information pertaining to neglect or abuse e t 17 proceedings;
e t 17 (16) representatives of the federal government w l n d 18 or their contractors authorized by federal statute or = = 19 regulation to review, inspect, audit or otherwise have access a l i a e r 20 to [records and] information pertaining to neglect or abuse a t m m 21 proceedings;
w l n d 18 (17) [any] a person [or entity] attending a = = 19 a l meeting arranged by the department to discuss the safety, well- i a e r 20 being and permanency of a child, when the parent or child, or a t m m 21 parent or [legal] custodian on behalf of a child younger than d r e 22 fourteen years of age, has consented to the disclosure;
d r e 22 (17) [any] a person [or entity] attending a c e s k 23 meeting arranged by the department to discuss the safety, well- e a n b 24 being and permanency of a child, when the parent or child, or u [ parent or [legal] custodian on behalf of a child younger than .231376.1 - 14 - SHPAC/SB 84 fourteen years of age, has consented to the disclosure;
[and] c e s k 23 (18) the office of the state medical e a n b 24 investigator;
[and] (18) the office of the state medical investigator;
and u [ [(18)] (19) any other person [or entity], by .229544.1 - 14 - order of the court, having a legitimate interest in the case or the work of the court.
and [(18)] (19) any other person [or entity], by order of the court, having a legitimate interest in the case or the work of the court.
A party to a court proceeding relating to a department investigation into allegations of abuse and neglect may comment publicly as long as the party does not disclose personal identifier information that is still confidential.
A party to a court proceeding relating to a department investigation into allegations of abuse and neglect may comment publicly as long as the party does not disclose personal identifier information that is still confidential for the child or the child's parent or guardian.
A parent, guardian or [legal] custodian whose child has been the subject of an investigation of abuse or neglect where no petition has been filed shall have the right to inspect any medical report, psychological evaluation, law enforcement reports or other investigative or diagnostic evaluation;
A parent, guardian or [legal] custodian whose child has been the subject of an investigation of abuse or neglect where no petition has been filed shall have the right to inspect any medical report, psychological evaluation, law enforcement reports or other investigative or diagnostic e t 17 evaluation;
provided that any [identifying] personal identifier information related to the reporting party or any other party providing information shall be deleted or redacted.
provided that any [identifying] personal identifier w l n d 18 information related to the reporting party or any other party = = 19 providing information shall be deleted or redacted.
The parent, guardian or [legal] custodian shall also have the right to the results of the investigation and the right to petition e t 17 the court for full access to all department records and w l n d 18 information except [those records and] that information the = = 19 a l department finds would be likely to endanger the life or safety i a e r 20 of [any] a person providing information to the department.
The a l i a e r 20 parent, guardian or [legal] custodian shall also have the right a t m m 21 to the results of the investigation and the right to petition d r e 22 the court for full access to all department records and c e s k 23 information except [those records and] that information the e a n b 24 department finds would be likely to endanger the life or safety u [ of [any] a person providing information to the department.
a t m m 21 H.
.231376.1 - 15 - SHPAC/SB 84 H.
The department is not required by this section d r e 22 to disclose department information if the district attorney c e s k 23 successfully petitions the children's court that disclosure e a n b 24 would cause specific, material harm to a criminal investigation u [ or prosecution.
The department is not required by this section to disclose department information if the district attorney successfully petitions the children's court that disclosure would cause specific, material harm to a criminal investigation or prosecution.
.229544.1 - 15 - I.
I.
The department shall provide a summary of the outcome of a department investigation to the person who reported the suspected child abuse or neglect in a timely manner, not later than twenty days after the deadline for closure of the investigation.
The department shall provide a summary of the outcome of a department investigation to the person who e t 17 reported the suspected child abuse or neglect in a timely w l n d 18 manner, not later than twenty days after the deadline for = = 19 closure of the investigation.
[D.] L.
a l i a e r 20 [D.] L.
Whoever intentionally and unlawfully releases any information [or records] closed to the public e t 17 pursuant to the Abuse and Neglect Act or releases or makes w l n d 18 other unlawful use of [records] information in violation of = = 19 a l that act is guilty of a petty misdemeanor and shall be i a e r 20 sentenced pursuant to the provisions of Section 31-19-1 NMSA a t m m 21 1978.
Whoever intentionally and unlawfully a t m m 21 releases any information [or records] closed to the public d r e 22 pursuant to the Abuse and Neglect Act or releases or makes c e s k 23 other unlawful use of [records] information in violation of e a n b 24 that act is guilty of a petty misdemeanor and shall be u [ sentenced pursuant to the provisions of Section 31-19-1 NMSA .231376.1 - 16 - SHPAC/SB 84 1978.
d r e 22 [E.] M.
[E.] M.
The department [shall] may promulgate rules c e s k 23 for implementing disclosure of records pursuant to this section e a n b 24 and in compliance with state and federal law and the Children's u [ Court Rules.
The department [shall] may 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.
.229544.1 - 16 - N.
N.
FATALITIES--NEAR FATALITIES--RECORDS RELEASE [WHEN A CHILD DIES].-- A.
FATALITIES--NEAR FATALITIES--RECORDS RELEASE e t 17 [WHEN A CHILD DIES].-- w l n d 18 A.
As used in this section, "near fatality" means an act that, as certified by a physician, including the child's treating physician, placed a child in a serious or critical medical condition.
As used in this section:
e t 17 [A.] B.
= = 19 (1) "near fatality" means an act that, as a l i a e r 20 certified by a physician, including the child's treating a t m m 21 physician, placed a child in a serious or critical medical d r e 22 condition;
After learning that a child fatality or w l n d 18 near fatality has occurred and that there is reasonable = = 19 a l suspicion that the fatality or near fatality was caused by i a e r 20 abandonment, abuse or neglect, the department shall [upon a t m m 21 written request to the secretary of the department] release the d r e 22 following information, if in the department's possession, c e s k 23 within five business days:
and c e s k 23 (2) "personal identifier information" means:
e a n b 24 [(1) the age and gender of the child;
e a n b 24 (a) a person's name;
u [ (2) the date of death;
u [ (b) all but the last four digits of a .231376.1 - 17 - SHPAC/SB 84 person's:
.229544.1 - 17 - (3) whether the child was in foster care or in the home of the child's parent or guardian at the time of death;
1) taxpayer identification number;
and (4) whether an investigation is being conducted by the department.
2) financial account number;
B.
3) credit or debit card number;
If an investigation is being conducted by the department, then a request for further information beyond that listed in Subsection A of this section shall be answered with a statement that a report is under investigation] (1) for a fatality:
or 4) driver's license number;
(c) all but the year of a person's date of birth;
(d) a person's social security number;
and (e) a person's street address, but not the city, state or zip code.
[A.] B.
After learning that a child fatality or near fatality has occurred and that there is reasonable suspicion that the fatality or near fatality was caused by abandonment, abuse or neglect, the department shall [upon written request to the secretary of the department] release the following information, if in the department's possession, within five business days:
e t 17 [(1) the age and gender of the child;
w l n d 18 (2) the date of death;
= = 19 (3) whether the child was in foster care or in a l i a e r 20 the home of the child's parent or guardian at the time of a t m m 21 death;
and d r e 22 (4) whether an investigation is being c e s k 23 conducted by the department.
e a n b 24 B.
If an investigation is being conducted by the u [ department, then a request for further information beyond that .231376.1 - 18 - SHPAC/SB 84 listed in Subsection A of this section shall be answered with a statement that a report is under investigation] (1) for a fatality:
e t 17 (a) the age and gender of the child;
(a) the age and gender of the child;
and w l n d 18 (b) the type and extent of injuries;
and (b) the type and extent of injuries;
= = 19 a l (3) for either a fatality or near fatality:
(3) for either a fatality or near fatality:
i a e r 20 (a) whether the child is currently or a t m m 21 has been in the custody of the department within the last five d r e 22 years or the child's family is currently or has been served or c e s k 23 under investigation by the department within the last five e a n b 24 years;
(a) whether the child is currently or has been in the custody of the department within the last five years or the child's family is currently or has been served or under investigation by the department within the last five e t 17 years;
u [ (b) whether the child lived with a .229544.1 - 18 - parent, guardian or custodian;
w l n d 18 (b) whether the child lived with a = = 19 parent, guardian or custodian;
was in a residential facility or detention facility;
was in a a l i a e r 20 residential facility or detention facility;
or had some other living arrangement;
or a t m m 21 had some other living arrangement;
(c) whether an investigation is being conducted by the department or by a law enforcement agency, if known;
d r e 22 (c) whether an investigation is being c e s k 23 conducted by the department or by a law enforcement agency, if e a n b 24 known;
(d) a detailed synopsis of prior reports of abuse or neglect involving the child, siblings or other children in the home, if applicable;
u [ (d) a detailed synopsis of prior reports .231376.1 - 19 - SHPAC/SB 84 of abuse or neglect involving the child, siblings or other children in the home, if applicable;
Upon completion of a child abandonment, abuse or neglect investigation into a [child's death] fatality or near fatality, if it is determined that abandonment, abuse or e t 17 neglect caused the [child's death] fatality or near fatality, w l n d 18 the following documents shall be released upon request:
Upon completion of a child abandonment, abuse or neglect investigation into a [child's death] fatality or near fatality, if it is determined that abandonment, abuse or neglect caused the [child's death] fatality or near fatality, the following documents shall be released upon request:
= = 19 a l (1) a summary of the department's i a e r 20 investigation;
(1) a summary of the department's investigation;
a t m m 21 (2) a law enforcement investigation report, if d r e 22 in the department's possession;
(2) a law enforcement investigation report, if in the department's possession;
and c e s k 23 (3) [a medical examiner's] the medical e a n b 24 investigator's report in the case of a fatality, if in the u [ department's possession.
[and] (3) [a medical examiner's] the medical e t 17 investigator's report, if in the department's possession;
.229544.1 - 19 - D.
and w l n d 18 (4) in the case of a fatality, the = = 19 department's file on the child who died.
Prior to releasing [any document pursuant to] documents specified in Subsection C of this section, the department shall consult with the district attorney and shall redact:
a l i a e r 20 D.
(1) information that, [would] in the opinion of the district attorney, [jeopardize] would cause specific material harm to a criminal investigation or proceeding;
Prior to releasing [any document pursuant to] a t m m 21 documents specified in Subsection C of this section, the d r e 22 department shall consult with the district attorney and shall c e s k 23 redact:
(2) [identifying] personal identifier information related to a reporting party or any other party providing information;
e a n b 24 (1) information that, [would] in the opinion u [ of the district attorney, [jeopardize] would cause specific .231376.1 - 20 - SHPAC/SB 84 material harm to a criminal investigation or [proceeding] prosecution;
and (3) information that is privileged, confidential or not subject to disclosure pursuant to [any] Section 32A-4-33 NMSA 1978 or other state or federal law.
(2) [identifying] personal identifier information related to a reporting party or any other party providing information and any other child living in the home;
(3) information that is privileged, confidential or not subject to disclosure pursuant to [any] Section 32A-4-33 NMSA 1978 or other state or federal law;
and (4) in the case of a near fatality, personal identifier information for the child, parent, guardian, resource parent and any other child living in the home.
e t 17 F.
F.
Information released by the department w l n d 18 consistent with the requirements of this section does not = = 19 a l require prior notice to any other [individual] person.
Information released by the department consistent with the requirements of this section does not e t 17 require prior notice to any other [individual] person.
i a e r 20 G.
w l n d 18 G.
Nothing in this section shall be construed as a t m m 21 requiring the department to obtain documents not in the abuse d r e 22 and neglect case file.
Nothing in this section shall be construed as = = 19 requiring the department to obtain documents not in the abuse a l i a e r 20 and neglect case file.
c e s k 23 H.
a t m m 21 H.
A person disclosing abandonment, abuse [and] or e a n b 24 neglect case file information as required by this section shall u [ not be subject to suit in civil or criminal proceedings for .229544.1 - 20 - complying with the requirements of this section.
A person disclosing abandonment, abuse [and] or d r e 22 neglect case file information as required by this section shall c e s k 23 not be subject to suit in civil or criminal proceedings for e a n b 24 complying with the requirements of this section.
I.
u [ I.
The department shall continue to provide timely allowable information to the public on the investigation into a case of fatality or near fatality of a child, including a summary report that shall include:
The department shall continue to provide timely .231376.1 - 21 - SHPAC/SB 84 allowable information to the public on the investigation into a case of fatality or near fatality of a child, including a summary report that shall include:
e t 17 (1) whether services pursuant to the Abuse and w l n d 18 Neglect Act were being provided to the child, a member of the = = 19 a l child's household or a person who had been arrested for i a e r 20 abandonment, abuse or neglect of the child prior to the time of a t m m 21 the fatality or near fatality and the date of the last contact d r e 22 between the person providing the services and the person c e s k 23 receiving the services prior to or at the time of the fatality e a n b 24 or near fatality;
(1) whether services pursuant to the Abuse and Neglect Act were being provided to the child, a member of the e t 17 child's household or a person who had been arrested for w l n d 18 abandonment, abuse or neglect of the child prior to the time of = = 19 the fatality or near fatality and the date of the last contact a l i a e r 20 between the person providing the services and the person a t m m 21 receiving the services prior to or at the time of the fatality d r e 22 or near fatality;
u [ (2) whether the child, a member of the child's .229544.1 - 21 - household or the person who had been arrested for abandonment, abuse or neglect of the child prior to the fatality or near fatality was the subject of a current or previous department report;
c e s k 23 (2) whether the child, a member of the child's e a n b 24 household or the person who had been arrested for abandonment, u [ abuse or neglect of the child prior to the fatality or near .231376.1 - 22 - SHPAC/SB 84 fatality was the subject of a current or previous department report;
and (4) any investigation pursuant to a department report concerning the child, a member of the child's household or the person who had been suspected or arrested of the abandonment, abuse or neglect of the child or services provided to the child or the child's household since the date of the e t 17 incident involving a fatality or a near fatality.
and (4) any investigation pursuant to a department report concerning the child, a member of the child's household or the person who had been suspected or arrested of the abandonment, abuse or neglect of the child or services provided to the child or the child's household since the date of the incident involving a fatality or a near fatality.
w l n d 18 K.
K.
If the summary report involves a child who was = = 19 a l in out-of-home placement, the summary report shall include:
If the summary report involves a child who was e t 17 in out-of-home placement, the summary report shall include:
i a e r 20 (1) the name of the agency the licensee was a t m m 21 licensed by;
w l n d 18 (1) the name of the agency the licensee was = = 19 licensed by;
and d r e 22 (2) the licensing history of the out-of-home c e s k 23 placement, including the type of license held by the operator e a n b 24 of the placement, the period for which the placement has been u [ licensed and a summary of all violations by the licensee and .229544.1 - 22 - any other actions by the licensee or an employee of the licensee that constitute a substantial failure to protect and promote the health, safety and welfare of a child.
and a l i a e r 20 (2) the licensing history of the out-of-home a t m m 21 placement, including the type of license held by the operator d r e 22 of the placement, the period for which the placement has been c e s k 23 licensed and a summary of all violations by the licensee and e a n b 24 any other actions by the licensee or an employee of the u [ licensee that constitute a substantial failure to protect and .231376.1 - 23 - SHPAC/SB 84 promote the health, safety and welfare of a child.
The confidentiality of personal e t 17 identifier information shall be safeguarded consistent with w l n d 18 federal and state law.
The confidentiality of personal identifier information shall be safeguarded consistent with federal and state law.
The dashboard shall be updated at least = = 19 a l quarterly and shall include the data to be reported to the i a e r 20 governor and the legislature.
The dashboard shall be updated at least e t 17 quarterly and shall include the data to be reported to the w l n d 18 governor and the legislature.
a t m m 21 B.
= = 19 B.
By February 1 of each year, the department shall d r e 22 submit a report to the governor and the legislature that c e s k 23 includes the following data for the prior twelve months ending e a n b 24 on December 31:
By February 1 of each year, the department shall a l i a e r 20 submit a report to the governor and the legislature that a t m m 21 includes the following data for the prior twelve months ending d r e 22 on December 31:
u [ (1) the number of fatalities and near .229544.1 - 23 - fatalities of children in the custody of the department or as a result of abandonment, abuse or neglect when in the custody of a parent, guardian, custodian or other person;
c e s k 23 (1) the number of fatalities and near e a n b 24 fatalities of children in the custody of the department or as a u [ result of abandonment, abuse or neglect when in the custody of .231376.1 - 24 - SHPAC/SB 84 a parent, guardian, custodian or other person;
(5) the number of investigations that resulted from the complaints, the number of complaints accepted for investigation and not accepted for investigation and the identified reasons in the aggregate for not investigating a e t 17 complaint;
(5) the number of investigations that resulted from the complaints, the number of complaints accepted for investigation and not accepted for investigation and the identified reasons in the aggregate for not investigating a complaint;
w l n d 18 (6) the number of children removed from the = = 19 a l custody of a parent, guardian, custodian or other person and i a e r 20 the reasons for removals;
(6) the number of children removed from the e t 17 custody of a parent, guardian, custodian or other person and w l n d 18 the reasons for removals;
a t m m 21 (7) the number of children returned to a d r e 22 household from which they were removed;
= = 19 (7) the number of children returned to a a l i a e r 20 household from which they were removed;
c e s k 23 (8) the number of children placed in the e a n b 24 custody of the department who have run away while in custody;
a t m m 21 (8) the number of children placed in the d r e 22 custody of the department who have run away while in custody;
u [ (9) the number of cases in which families .229544.1 - 24 - subject to court-ordered treatment plans or voluntary placement agreements have absconded with children placed in the custody of the department;
c e s k 23 (9) the number of cases in which families e a n b 24 subject to court-ordered treatment plans or voluntary placement u [ agreements have absconded with children placed in the custody .231376.1 - 25 - SHPAC/SB 84 of the department;
The report shall be published on the department's website." - 25 - e t 17 w l n d 18 = = 19 a l i a e r 20 a t m m 21 d r e 22 c e s k 23 e a n b 24 u [ .229544.1
The report shall be published on the department's website." - 26 - 16 e t 17 w l n d 18 = = 19 a l i a e r 20 a t m m 21 d r e 22 c e s k 23 e a n b 24 u [ .231376.1
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Action History

  1. action postponed indefinitely

  2. DO NOT PASS, replaced with committee substitute

  3. Sent to Senate Health and Public Affairs Committee & Senate Judiciary Committee

Sponsors

Sponsorship breakdown

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3 sponsors · 0 co-sponsors · 109 not signed on

Sponsors (3)

Co-sponsors (0)

None.

Not signed on (109)

109 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

public-safety healthcare
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Frequently asked questions

Who sponsors SB 84?
SB 84 is sponsored by Crystal Brantley (Republican), Heather Berghmans (Democrat), and Katy Duhigg (Democrat).
What is the current status of SB 84?
This bill died with 2025 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 84?
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