SB 42 — COMPREHENSIVE ADDICTION AND RECOVERY PGM

and n d d i = = o h (3) "electronic records" means information l ] b ,d i a º r e r = generated by, transmitted by or stored on an electronic device, tincluding eelectronic wmail, dvoicemail, mtext aand ninstant omessages, includingdocuments electronicand mail,photographs, voicemail,regardless textof andthe instantplatform dbeing mused, :including interagency communications." SECTION 3.

b r e t º o t n = .231596.5AIC March 20, 2025 (10:02pm) s k m e - 6 - e a n e d r e l u [ A d SJC/SRC/SB 42 messages, documents and photographs, regardless of the platform being used, including interagency communications."»HJC SECTION HJCº 2.»HJC HJCº3.»HJC Section 32A-1-4 NMSA 1978 (being Laws 1993, Chapter 77, Section 13, as amended) is amended to read:

HJCº C.

"CARA""child" means the federal Comprehensive Addiction and Recovery Act of 2016 that established a comprehensive,person coordinatedwho andis balancedless strategythan foreighteen substance-years exposedold; newborns and those newborns' caregivers through enhanced grant programs that expand prevention and education h efforts while promoting treatment and recovery;»HJC g o [C.

]D. HJCºD.»HJC HJCºC.»HJC "child" means a person t hr g e i k who is less than eighteen years old;

h r i s [D.] HJCºE.»HJC HJCºD.»HJC "council" means the h , t, substitute care advisory council established pursuant to e u g e b l Section 32A-8-4 NMSA 1978;

eE. e h n d d i = = o h [E.] HJCºF.»HJC HJCºE.»HJC "court", when used l ] b ,d i a º e without further qualification, means the children's court r i = r t e w d division of the district court and includes the judge, special m a n o d m :

b"court", ewhen dused swithout ºfurther oqualification, tmeans nthe =children's .231596.5AICcourt Marchdivision 20,of 2025the (10:02pm)district scourt kand mincludes ethe -judge, 7special - e a n e d r e l u [ A d SJC/SRC/SB 42 master or commissioner appointed pursuant to the provisions of the SJC/SRC/SB 42 Children's Code or supreme court rule;

[F.Page 6 F.

] HJCºG.»HJC HJCºF.»HJC "court-appointed special advocate" means a person appointed pursuant to the provisions of the Children's Court Rules to assist the court in determining the best interests of the child by investigating the case and submitting a report to the court;

[G.G.

] HJCºH.»HJC HJCºG.»HJC "custodian" means an adult with whom the child lives who is not a parent or guardian of the child;

[H.]H. HJCºI.»HJC HJCºH.»HJC "department" means the children, youth and families department, unless otherwise specified;

[I.]"department" HJCºJ.»HJC HJCºI.»HJC "disproportionate minority contact" means the involvementchildren, ofyouth aand racialfamilies ordepartment, ethnicunless groupotherwise withspecified; the criminal or juvenile justice system at a h proportion either higher or lower than that group's proportion g o t hr in the general population;

gI. e i k [J.

]"disproportionate HJCºK.»HJCminority HJCºJ.»HJCcontact" "federalmeans Indianthe Childinvolvement hof ra iracial sor Welfareethnic Actgroup ofwith 1978"the meanscriminal theor federaljuvenile Indianjustice Childsystem Welfareat Acta hproportion ,either t,higher ofor 1978,lower asthan that actgroup's mayproportion bein amendedthe orgeneral itspopulation; sections renumbered;

eJ. u g e b l e e h [K.] HJCºL.»HJC HJCºK.»HJC "foster parent" means n d d i = = o h a person, including a relative of the child, licensed or l ] b ,d i a º e certified by the department or a child placement agency to r i = r t e w d m a n o provide care for children in the custody of the department or d m :

b"federal eIndian dChild sWelfare ºAct oof t1978" nmeans =the .231596.5AICfederal MarchIndian 20,Child 2025Welfare (10:02pm)Act sof k1978, mas ethat -act 8may -be eamended aor nits esections drenumbered; r e l u [ A d SJC/SRC/SB 42 agency;

[L.K.

]"foster HJCºM.»HJCparent" HJCºL.»HJCmeans "guardian"a meansperson, including a personrelative appointedof asthe achild, guardianlicensed or certified by athe courtdepartment or Indiana tribalchild authority;placement agency to provide care for children in the custody of the department or agency;

[M.]L. HJCºN.»HJC HJCºM.»HJC "guardian ad litem" means an attorney appointed by the children's court to represent and protect the best interests of the child in a case;

provided"guardian" thatmeans noa partyperson orappointed employeeas ora representativeguardian ofby a partycourt toor theIndian casetribal shallauthority; be appointed to serve as a guardian ad litem;

[N.M.

]"guardian HJCºO.»HJCad HJCºN.»HJClitem" "Indian"means means,an whetherattorney anappointed adultby orthe child,children's acourt personto whorepresent is:and protect the best SJC/SRC/SB 42 interests of the child in a case;

provided that no party or Page 7 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:

[O.O.

] HJCºP.»HJC HJCºO.»HJC "Indian child" means h an Indian person, or a person whom there is reason to know is g o an Indian person, under eighteen years of age, who is neither:

t hr g e (1) married;

or i k h r i s (2) emancipated;

hP. , t, [P.

] HJCºQ.»HJC HJCºP.»HJC "Indian child's tribe" e u g e b l means:

e e h n d d i = = o h (1) the Indian tribe in which an Indian child l ] b ,d i a º e is a member or eligible for membership;

or r i = r t e w d (2) in the case of an Indian child who is a mmember aor neligible ofor dmembership min :more than one tribe, the Indian tribe with which the Indian child has more significant contacts;

bQ. e d s º o t n = .231596.5AIC March 20, 2025 (10:02pm) s k m e - 9 - e a n e d r e l u [ A d SJC/SRC/SB 42 member or eligible for membership in more than one tribe, the Indian tribe with which the Indian child has more significant contacts;

[Q."Indian custodian" means an Indian who, pursuant to tribal law or custom or pursuant to state law:

] HJCºR.»HJC HJCºQ.»HJC "Indian custodian" means an Indian who, pursuant to tribal law or custom or pursuant to state law:

or (2) has been transferred temporary physical SJC/SRC/SB 42 care, custody and control by the parent of the Indian child;

[R.Page 8 R.

] HJCºS.»HJC HJCºR.»HJC "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.

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

For the purposes of notification to g o and communication with a tribe as required in the Indian Family t hr g e i k Protection Act, "Indian tribe" also includes those tribal h r i s officials and staff who are responsible for child welfare and h , t, social services matters;

eS. u g e b l e e h [S.

] HJCºT.»HJC HJCºS.»HJC "judge", when used n d d i = = o h without further qualification, means the judge of the court;

lT. ] b ,d i a º e [T.] HJCºU.»HJC HJCºT.»HJC "legal custody" means r i = r t e w d m a n o a legal status created by order of the court or other court of d m :

b"legal ecustody" dmeans s º o t n = .231596.5AIC March 20, 2025 (10:02pm) s k m e - 10 - e a nlegal estatus dcreated rby eorder lof uthe [court Aor dother SJC/SRC/SBcourt 42of competent jurisdiction or by operation of statute that vests in a person, department or agency the right to determine where and with whom a child shall live;

the right to consent to major medical, psychiatric, psychological and surgical treatment and to the administration of legally prescribed psychotropic medications pursuant to the Children's Mental Health and Developmental SJC/SRC/SB 42 Disabilities Act;

and the right to consent to the child's Page 9 enlistment in the armed forces of the United States;

[U.]U. HJCºV.»HJC HJCºU.»HJC "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.]"member" HJCºW.»HJC HJCºV.»HJC "parent" or "parents""membership" h means a biologicaldetermination ormade adoptiveby parentan ifIndian thetribe biologicalthat ora gperson ois adoptive parent has a constitutionallymember protected liberty t hr g e interest in the care and custody of the child or aeligible personfor whomembership iin kthat h r i s has lawfully adopted an Indian childtribe; pursuant to state law or h , t, tribal law or tribal custom;

eV. u g e b l [W.] HJCºX.»HJC HJCºW.»HJC "permanency plan" e e h n d d i means a determination by the court that the child's interest = = o h l ] b ,d i a º e will be served best by:

r"parent" ior ="parents" rmeans ta ebiological wor dadoptive (1)parent reunification;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;

mW. a n o d m :

b"permanency eplan" dmeans s º o t n = .231596.5AIC March 20, 2025 (10:02pm) s k m e - 11 - e a ndetermination eby dthe rcourt ethat l u [ A d SJC/SRC/SB 42 (2) placement for adoption after the parents'child's rightsinterest havewill beenbe relinquishedserved orbest terminatedby: or after a motion has been filed to terminate parental rights;

(1) reunification;

(2) placement for adoption after the parents' rights have been relinquished or terminated or after a motion has been filed to terminate parental rights;

[X.X.

] HJCºY.»HJC HJCºX.»HJC "person" means an individual or any other form SJC/SRC/SB 42 of entity recognized by law;

[Y.]Page HJCºZ.»HJC10 HJCºY.»HJCY. "plan of safe care" means a written plan created by a health care professional intended to ensure the immediate and ongoing safety and well- being of a substance-exposed newborn or to provide perinatal h support to a pregnant person with substance use disorder by g o addressing the treatment needs of the child and any of the t hr g e i k child's parents, relatives, guardians, [family members ] h r i s custodians or [caregivers] caretakers to the extent those h , t, treatment needs are relevant to the safety of the child;

e"plan uof gsafe ecare" bmeans la ewritten eplan hcreated [Z.by a health care professional intended to ensure the immediate and ongoing safety and well-being of a substance-exposed newborn or to provide perinatal support to a pregnant person with substance use disorder by addressing the treatment needs of the child and any of the child's parents, relatives, guardians, custodians or caretakers to the extent those treatment needs are relevant to the safety of the child;

]Z. HJCºAA.»HJC HJCºZ.»HJC "preadoptive parent" n d d i = = o h means a person with whom a child has been placed for adoption;

l"preadoptive ]parent" bmeans ,d i a ºperson ewith [AA.]whom HJCºBB.»HJC HJCºAA.»HJC "protective r i = r t e w d m a n o supervision" means the right to visit the child inhas thebeen homeplaced dfor madoption; :

bAA. e d s º o t n = .231596.5AIC March 20, 2025 (10:02pm) s k m e - 12 - e a n e d r e l u [ A d SJC/SRC/SB 42 where the child is residing, inspect the home, transport the child to court-ordered diagnostic examinations and evaluations and obtain information and records concerning the child;

[BB."protective supervision" means the right to visit the child in the home where the child is residing, inspect the home, transport the child to court-ordered diagnostic examinations and evaluations and obtain information and records concerning the child;

]BB. HJCºCC.»HJC HJCºBB.»HJC "relative" means a person related to another person:

"relative" means a person related to another person:

[CC.SJC/SRC/SB 42 CC.

] HJCºDD.»HJC HJCºCC.»HJC "reservation" means:

Page 11 (1) "Indian country" as defined in 18 U.S.C.

(2) any lands to which the title is held by h the United States in trust for the benefit of an Indian tribe g o or individual;

or t hr g e (3) any lands held by an Indian tribe or i k h r i s individual subject to a restriction by the United States h , t, against alienation;

eDD. u g e b l [DD.

] HJCºEE.»HJC HJCºDD.»HJC "reunification" e e h n d d i means either a return of the child to the parent or to the home = = o h l ] b ,d i a º e from which the child was removed or a return to the r i = r t e w d noncustodial parent;

mEE. a n o d m :

b e d s º o t n = .231596.5AIC March 20, 2025 (10:02pm) s k m e - 13 - e a n e d r e l u [ A d SJC/SRC/SB 42 [EE.] HJCºFF.»HJC HJCºEE.»HJC "secretary" means the United States secretary of the interior;

HJCºGG.FF.

"substance-exposed"tribal newborn"court" means ana infantcourt underwith thejurisdiction ageover ofchild onecustody whoproceedings hasthat beenis prenatallyeither exposeda tocourt of Indian offenses, a controlledcourt substance,established includingand misuseoperated ofunder athe prescribedlaw or non-custom prescribedof drugan Indian tribe or alcohol,any other administrative body that mayis affectvested theby infant'san healthIndian ortribe development;»HJCwith [FF.authority over child custody proceedings;

]GG. HJCºHH.»HJC HJCºFF.»HJC "tribal court" means a court with jurisdiction over child custody proceedings that is either a court of Indian offenses, a court established and operated under the law or custom of an Indian tribe or any other administrative body that is vested by an Indian tribe with authority over child custody proceedings;

[GG."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;

] HJCºII.»HJC HJCºGG.»HJC "tribal court order" means a document issued by a tribal court that is signed by an appropriate authority, including a judge, governor or h tribal council member, and thatSJC/SRC/SB orders42 anHH. action that is within g o t hr the tribal court's jurisdiction;

and"tribunal" gmeans eany ijudicial kforum [HH.other than Page 12 the court." SECTION 4.

] HJCºJJ.»HJC HJCºHH.»HJC "tribunal" means h r i s any judicial forum other than the court." h , t, e u g SECTION HJCº3.»HJC HJCº4.»HJC Section 32A-3A-2 NMSA e b l e e h 1978 (being Laws 1993, Chapter 77, Section 64, as amended) is n d d i = = o h amended to read:

l ] b ,d i a º e "32A-3A-2.

DEFINITIONS.--As used in the Voluntary r i = r t e w d m a n o Placement and Family Services Act:

dA. m :

b"child eor dfamily sin ºneed oof tfamily nservices" =means .231596.5AIC March 20, 2025 (10:02pm) s k m e - 14 - e a nfamily: e d r e l u [ A d SJC/SRC/SB 42 HJCºA.

"birthing(1) facility"whose meanschild's abehavior hospital,endangers clinicthe orchild's birthinghealth, centersafety, whereeducation aor pregnantwell-being; person gives birth to a baby with assistance from a health care provider;

(2) whose child is excessively absent from public school as defined in the Attendance for Success Act;

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

(4) in which the parent, guardian or custodian of a child refuses to permit the child to live with the parent, guardian or custodian;

or (5) in which the child refuses to live with the child's parent, guardian or custodian;

"CARA"family navigator"services" means aservices professionalthat employedaddress byspecific theneeds department of health to provide intensive case management to a pregnant person with substance use disorder or a substance-exposed newborn and the newborn'schild parents, relatives, guardians, custodians or caretakers;family;

"care"guardian" coordinator" means a person assignedappointed toas a substance-exposedguardian newbornby anda thecourt newborn'sor parents,Indian relatives,tribal guardians,authority custodians or caretakersa byperson aauthorized managedto care organization,for privatea insurancechild orby thea healthparental carepower authority;»HJCof [A.SJC/SRC/SB 42 attorney as permitted by law;

]Page HJCºD.»HJC13 HJCºA.»HJCD. "child or family in need of family services" means a family:

(1)"guardianship whoseassistance child'sagreement" behaviormeans endangersa written agreement entered into by the hprospective child'sguardian health,and safety,the educationdepartment or well-being;Indian tribe prior to the establishment of the guardianship by a court;

gE. o (2) whose child is excessively absent from t hr g e i k public school as defined in the Attendance for Success Act;

h"guardianship rassistance ipayments" smeans (3)payments whosemade childby is absent from the child'sdepartment hto ,a t,kinship placeguardian of residence for twenty-four hours or moresuccessor withoutguardian theon ebehalf uof ga echild bpursuant lto ethe eterms h consent of thea parent,guardianship guardianassistance oragreement; custodian;

nF. d d i = = o h (4) in which the parent, guardian or custodian l ] b ,d i a º e of a child refuses to permit the child to live with the parent, r i = r t e w d guardian or custodian;

or"guardianship massistance aprogram" nmeans othe dfinancial msubsidy :program provided for in the Voluntary Placement and Family Services Act;

bG. e d s º o t n = .231596.5AIC March 20, 2025 (10:02pm) s k m e - 15 - e a n e d r e l u [ A d SJC/SRC/SB 42 (5) in which the child refuses to live with the child's parent, guardian or custodian;

HJCº"kinship" E.means the relationship that exists between a child and a relative of the child, a godparent, a member of the child's tribe or clan or an adult with whom the child has a significant bond;

"familyH. assessment" means a comprehensive assessment based on standards of professional practice prepared by a CARA navigator during a home visit;»HJC [B.

]"managed HJCºF.»HJCcare HJCºB.»HJCorganization" "familymeans services"a meansperson servicesor thatentity addresseligible specificto needsenter ofinto risk-based capitation agreements with the childhealth orcare family;authority to provide health care and related services;

[C.]I. HJCºG.»HJC HJCºC.»HJC "guardian" means a person appointed as a guardian by a court or Indian tribal authority or a person authorized to care for a child by a parental power of attorney as permitted by law;;

[D.]"subsidized HJCºH.»HJCguardianship" HJCºD.»HJC "guardianship assistance agreement" means a writtenguardianship agreementthat enteredmeets intosubsidy byeligibility thecriteria prospectivepursuant guardian and the department or Indian tribe prior to the establishmentVoluntary ofPlacement theand guardianshipFamily byServices aAct; court;

hand [E.J.

]"voluntary HJCºI.»HJCplacement HJCºE.»HJCagreement" "guardianship g o t hr assistance payments" means paymentsa madewritten byagreement between the department toand athe gparent e i k kinship guardian or successor guardian onSJC/SRC/SB behalf42 of a childchild." hPage r14 iSECTION s5. pursuant to the terms of a guardianship assistance agreement;

h , t, e u g [F.

] HJCºJ.»HJC HJCºF.»HJC "guardianship e b l e e h assistance program" means the financial subsidy program n d d i = = o h provided for in the Voluntary Placement and Family Services l ] b ,d i a º e Act;

r i = r t e w d m a n o [G.

] HJCºK.»HJC HJCºG.»HJC "kinship" means the d m :

b e d s º o t n = .231596.5AIC March 20, 2025 (10:02pm) s k m e - 16 - e a n e d r e l u [ A d SJC/SRC/SB 42 relationship that exists between a child and a relative of the child, a godparent, a member of the child's tribe or clan or an adult with whom the child has a significant bond;

HJCº L.»HJC HJCºH.»HJC "managed care organization" means a person or entity eligible to enter into risk-based capitation agreements with the health care authority to provide health care and related services;

[H.] HJCºM.»HJC HJCºI.»HJC "subsidized guardianship" means a guardianship that meets subsidy eligibility criteria pursuant to the Voluntary Placement and Family Services Act;

and [I.] HJCºN.»HJC HJCºJ.»HJC "voluntary placement agreement" means a written agreement between the department and the parent or guardian of a child." HJCºSECTION 4.

h "32A-3A-13.

PLAN OF SAFE CARE--[GUIDELINES]CARE--GUIDELINES--CREATION-- gDATA o REQUIREMENTS--CREATION--DATA SHARING--TRAINING.-- t hr g e A.

By [January 1, 2020] July 1, 2026, the ihealth kcare hauthority, r i s department of health, in consultation with [medicaidmedicaid managed h , t, care organizations, private insurers]insurers, the office of e u g e b l superintendent of insurance, the [humanchildren, servicesyouth department]and efamilies edepartment hand nthe ddepartment dof ihealth, =shall =develop orules hto healthguide carehospitals, authoritybirthing andcenters, themedical department,providers, [ofmedicaid health]managed shallcare lorganizations ]and bprivate ,dinsurers iin athe ºcare eof developnewborns ruleswho toexhibit guidephysical, [hospitals,neurological birthingor centers]behavioral birthingsymptoms rconsistent iwith =prenatal rdrug texposure, ewithdrawal wsymptoms dfrom facilities,prenatal medicaldrug providers,exposure medicaidor managedfetal carealcohol mspectrum adisorder. n o d m :

b e d s º o t n = .231596.5AIC March 20, 2025 (10:02pm) s k m e - 17 - e a n e d r e l u [ A d SJC/SRC/SB 42 organizations and private insurers in the care of pregnant persons with substance use disorder and newborns who exhibit physical, neurological or behavioral symptoms consistent with prenatal drug exposure, withdrawal symptoms from prenatal drug exposure or fetal alcohol spectrum disorder.

Rules shall include guidelines to [hospitals, birthing centers] birthing facilities, medical providers, medicaid managed care organizations and private insurers regarding:

(1) participation in the [discharge planning] plan of safe care development process, including the creation of a written plan of safe care that shall be sent to:

(a) the child's primary care physician;

(b) a [medicaid managed care organization insurance plan] care coordinator [who will monitor the implementation of the plan of care after discharge, if the h child is insured, or to a care coordinator in the children's u » r t h medical services of the family health bureau of the public g e l i health division of the department of health who will monitor h r i s the implementation of the plan of care after discharge, if the h , e h t u g child is uninsured];

and e b l e e , gh (c) the child's parent, relative, n d d i = = o h guardian, custodian or caretaker who is present at discharge l ] b ,d i a º r e r = who shall receive a copy upon discharge;

[The plan of care t e w d m a n o shall be signed by an appropriate representative of the d m :

b r e t º o t n = .231596.5AIC March 20, 2025 (10:02pm) s k m e - 18 - e a n e d r e l u [ A d SJC/SRC/SB 42 discharging hospital and the child's parent, relative, guardian or caretaker who is present at discharge] (2) [definitions and evidence-based] screening tools, based on standards of professional practice, to be used by health care providers to identify a child born affected by substance use or withdrawal symptoms resulting from prenatal drug exposure or a fetal alcohol spectrum disorder;

(3) collection and reporting of data to meet federal and state reporting requirements, including the following:

(a) data to be collected and reported by [hospitals and birthing centers] birthing facilities to the department of health when [1)] a plan of safe care has been developed [and 2) a family has been referred for a plan of care];

(b) information pertaining to a [child h born and diagnosed by a health care professional as affected by u » r substance abuse, withdrawal symptoms resulting from prenatal t h g e drug exposure or a fetal alcohol spectrum disorder] substance- l i h r i s exposed newborn;

and h , e h (c) data collected by [hospitals and t u g e b l birthing centers for use by the children's medical services of e e , gh n d d i = = o h the family health bureau of the public health division of the] l ] b ,d i a º r birthing facilities and submitted to the department of health e r = t e w d m a n o [in] for epidemiological reports and to support and monitor a d m :

b r e t º o t n = .231596.5AIC March 20, 2025 (10:02pm) s k m e - 19 - e a n e d r e l u [ A d SJC/SRC/SB 42 plan of safe care;

[Information reported pursuant to this subparagraph shall be coordinated with communication to insurance carrier care coordinators to facilitate access to services for children and parents, relatives, guardians or caregivers identified in a plan of care;

(4) identification of appropriate agencies to be included as supports and services in the plan of care, based on an assessment of the needs of the child and the child's relatives, parents, guardians or caretakers, performed by a discharge planner prior to the child's discharge from the hospital or birthing center, which may include:

(a) public health agencies;

(b) maternal and child health agencies;

(c) home visitation programs;

(d) substance use disorder prevention and treatment providers;

h g (e) mental health providers;

o t hr (f) public and private children and g e i k youth agencies;

h r i s h (g) early intervention and developmental , t, e u g services;

e b l e e h (h) courts;

n d d i = = o h l ] b ,d (i) local education agencies;

i a º e r i = r (j) managed care organizations;

or t e w d m a n o (k) hospitals and medical providers;

and d m :

b e d s º o t n = .231596.5AIC March 20, 2025 (10:02pm) s k m e - 20 - e a n e d r e l u [ A d SJC/SRC/SB 42 (5) engagement of the child's relatives, parents, guardians or caretakers in order to identify the need for access to treatment for any substance use disorder or other physical or behavioral health condition that may impact the safety, early childhood development and well-being of the child] (4) requirements for the health care authority to:

(a) ensure there is at least one care coordinator available at each birthing facility;

(b) ensure all substance-exposed newborns who have a plan of safe care are assigned a care coordinator;

and (c) provide training to birthing facility staff and perinatal health care providers on the screening, brief intervention and referral to treatment h program;

g o (5) the process for a birthing facility or t hr g e i k other health care provider to participate in the development of h r i s a plan of safe care at a perinatal medical visit;

h , t, (6) requirements for a birthing facility to e u g e b l e e h participate in the discharge planning process, including the n d d i = = o h creation of a written plan of safe care that shall be created l ] b ,d i a º e prior to a substance-exposed newborn's discharge from a r i = r t e w d m a n o birthing facility and sent immediately to the department of d m :

b e d s º o t n = .231596.5AIC March 20, 2025 (10:02pm) s k m e - 21 - e a n e d r e l u [ A d SJC/SRC/SB 42 health and the department;

(7) requirements for the plan of safe care to be signed by a person designated by the discharging birthing facility and at least one of the substance-exposed newborn's parents, relatives, guardians, custodians or caretakers;

(8) information that shall be in a written plan of safe care, including:

(a) a referral to an early intervention family infant toddler program or a home visiting program;

(b) the substance-exposed newborn's name, date of birth and date of discharge;

(c) an emergency contact for at least one of the substance-exposed newborn's parents, relatives, guardians, custodians or caretakers;

(d) the address for the caregiver who will be taking the substance-exposed newborn home from the h g birthing facility;

o t hr (e) the names of the parents, relatives, g e i k guardians, custodians or caretakers who will be living with the h r i s h substance-exposed newborn;

and , t, e u g (f) a preliminary assessment that the e b l e e h substance-exposed newborn will have a safe living environment n d d i = = o h l ] b ,d based on a screening tool developed by the department of i a º e r i = r health;

t e w d m a n o (9) information that may be included in a plan d m :

b e d s º o t n = .231596.5AIC March 20, 2025 (10:02pm) s k m e - 22 - e a n e d r e l u [ A d SJC/SRC/SB 42 of safe care, including:

(a) maternal and child health agencies;

(b) mental health care providers;

(c) public and private children and youth agencies;

(d) developmental services;

(e) managed care organizations;

or (f) hospitals and medical providers;

and (10) requirements for a CARA navigator to:

(a) conduct an in-home visit;

(b) engage a substance-exposed newborn's parents, relatives, guardians, custodians or caretakers;

and (c) conduct a family assessment to identify any risk within the substance-exposed newborn's environment and the need for treatment for any substance use disorder or other physical or behavioral health condition that h may impact the safety, early childhood development or well- g o being of the substance-exposed newborn.

t hr g e i k C.

By July 1, 2026, the department of health shall h r i s adopt rules for monitoring adherence to plans of safe care and h , t, evaluating outcomes for substance-exposed newborns and the e u g e b l e e h families of substance-exposed newborns.

The rules shall n d d i = = o h include requirements for:

l ] b ,d i a º e (1) CARA navigators to arrange a home visit r i = r t e w d m a n o and complete a family assessment upon receiving a notification d m :

b e d s º o t n = .231596.5AIC March 20, 2025 (10:02pm) s k m e - 23 - e a n e d r e l u [ A d SJC/SRC/SB 42 of the creation of a plan of safe care;

(2) CARA navigators to update plans of safe care with referrals for counseling, training or other services aimed at addressing the underlying causative factors that may jeopardize the safety or well-being of a substance-exposed newborn;

(3) CARA navigators and care coordinators to make active efforts to connect substance-exposed newborns and the families of substance-exposed newborns to services to which they have been referred;

(4) care coordinators to make active efforts to contact persons who are not adhering to a plan of safe care using multiple methods, including in person or by mail, telephone call or text message;

and (5) confidentiality related to plans of safe care.

h [C.] D.

Reports made pursuant to Paragraph (3) of u » r t h Subsection B of this section shall be collected by the g e l i department and the department of health as distinct and h r i s separate from any child abuse report as captured and held or h , e h t u g investigated by the department, such that the reporting of a e b l e e , gh plan of safe care shall not constitute a report of suspected n d d i = = o h child abuse and neglect and shall not initiate investigation by l ] b ,d i a º r e r = the department or a report to law enforcement.

t e w d m a n o [D.] E.

The department of health shall summarize d m :

b r e t º o t n = .231596.5AIC March 20, 2025 (10:02pm) s k m e - 24 - e a n e d r e l u [ A d SJC/SRC/SB 42 and report data received pursuant to Paragraph (3) of Subsection B of this section at intervals as needed to meet federal regulations.

[E.] F.

The [children's medical services of the family health bureau of the public health division of the department of health shall collect and record data reported pursuant to Subparagraph (c) of Paragraph (3) of Subsection B of this section to support and monitor care coordination of plans of care for children born without insurance] department of health shall provide an annual report to the legislative finance committee, the interim legislative health and human services committee and the department of finance and administration on the status of the plan of safe care system.

The report shall include the following aggregate statistical information related to the creation of plans of safe care:

(1) the primary substances that infants were h exposed to;

u » r (2) the services that infants and families t h g e were referred to;

l i h r i s (3) the availability and uptake rate of h , e h services;

t u g e b l (4) whether an infant or an infant's family e e , gh n d d i = = o h was subsequently reported to the children, youth and families l ] b ,d i a º r department;

and e r = t e w d m a n o (5) disaggregated demographic and geographic d m :

b r e t º o t n = .231596.5AIC March 20, 2025 (10:02pm) s k m e - 25 - e a n e d r e l u [ A d SJC/SRC/SB 42 data.

[F.] G.

Reports made pursuant to the requirements in this section shall not be construed to relieve a person of the requirement to report to the department knowledge of or a reasonable suspicion that a child is an abused or neglected child based on criteria as defined by Section 32A-4-2 NMSA 1978.

[G.] H.

The [department shall work in consultation with the] department of health [to] shall create and distribute training materials to support and educate discharge planners, [or] health care providers, care coordinators, CARA navigators and social workers on the following:

(1) how to assess whether to make a referral to the department pursuant to the Abuse and Neglect Act;

(2) how to assess whether to make a notification to the department pursuant to Subsection B of h g Section 32A-4-3 NMSA 1978 for a child who has been diagnosed as o t hr affected by substance abuse, withdrawal symptoms resulting from g e i k prenatal drug exposure or a fetal alcohol spectrum disorder;

h r i s h (3) how to assess whether to create a plan of , t, e u g safe care when a referral to the department is not required;

e b l e e h [and] n d d i = = o h l ] b ,d (4) the creation and [deployment] i a º e r i = r implementation of a plan of safe care;

t e w d m a n o [H.

No person shall have a cause of action for any d m :

b e d s º o t n = .231596.5AIC March 20, 2025 (10:02pm) s k m e - 26 - e a n e d r e l u [ A d SJC/SRC/SB 42 loss or damage caused by any act or omission resulting from the implementation of the provisions of Subsection G of this section or resulting from any training, or lack thereof, required by Subsection G of this section.

I.

The training, or lack thereof, required by the provisions of Subsection G of this section shall not be construed to impose any specific duty of care] (5) mandatory reporting requirements;

and (6) proper coding of substance exposure and neonatal abstinence syndrome.

I.

Nothing in this section shall apply to the Indian Family Protection Act, information or records concerning Indian children or Indian parents, guardians or custodians or investigations or proceedings pursuant to that act." SECTION 5.

Section 32A-3A-14 NMSA 1978 (being Laws 2019, Chapter 190, Section 4) is amended to read:

h "32A-3A-14.

NOTIFICATION TO THE DEPARTMENT OF g o NONCOMPLIANCE WITH A PLAN OF SAFE CARE.-- t hr g e i k A.

The department of health shall notify the h r i s department within twenty-four hours and the department shall h , t, conduct an evaluation to assess the substance-exposed newborn's e u g e b l e e h immediate needs and the family's ability to keep the n d d i = = o h substance-exposed newborn safe if the parents, relatives, l ] b ,d i a º e guardians, custodians or caretakers of a [child released from a r i = r t e w d m a n o hospital or freestanding birthing center pursuant to a plan of d m :

b e d s º o t n = .231596.5AIC March 20, 2025 (10:02pm) s k m e - 27 - e a n e d r e l u [ A d SJC/SRC/SB 42 care fail to comply with that plan, the department shall be notified and the department may conduct a family assessment.

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

The child's parents, relatives, guardians or caretakers may choose to accept or decline any service or program offered subsequent to the family assessment;

provided that if the child's parents, relatives, guardians or caretakers decline those services or programs, the department may proceed with an investigation.

B.

As used in this section, "family assessment" means a comprehensive assessment prepared by the department at the time the department receives notification of failure to comply with the plan of care to determine the needs of a child h and the child's parents, relatives, guardians or caretakers, u » r t h including an assessment of the likelihood of:

g e l i (1) imminent danger to a child's well-being;

h r i s (2) the child becoming an abused child or h , e h t u g neglected child;

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

d m :

b r e t º o t n = .231596.5AIC March 20, 2025 (10:02pm) s k m e - 28 - e a n e d r e l u [ A d SJC/SRC/SB 42 (1) refuse to engage in a family assessment conducted by a CARA navigator;

(2) disengage with a CARA navigator and the family assessment indicates that the parent, relative, guardian, custodian or caretaker's failure to engage with services will result in risk of imminent danger to the substance-exposed newborn;

or (3) fail to adhere to a plan of safe care and the family assessment indicates that failure of the parent, relative, guardian, custodian or caretaker to adhere to the plan of safe care will result in risk of imminent danger to the substance-exposed newborn.

B.

Nothing in this section shall apply to the Indian Family Protection Act, information or records concerning Indian children or Indian parents, guardians or custodians or investigations or proceedings pursuant to that act."»HJC h HJCº SECTION 5.

Section 32A-3A-13 NMSA 1978 (being Laws g o 2019, Chapter 190, Section 3) is amended to read:

t hr g e i k "32A-3A-13.

PLAN OF SAFE CARE--GUIDELINES--CREATION--DATA h r i s SHARING--TRAINING.-- h , t, A.

By [January 1, 2020] July 1, 2026, the e u g e b l e e h [department] health care authority, in consultation with n d d i = = o h medicaid managed care organizations, private insurers, the l ] b ,d i a º e office of superintendent of insurance, the [human services] r i = r t e w d m a n o children, youth and families department and the department of d m :

b e d s º o t n = .231596.5AIC March 20, 2025 (10:02pm) s k m e - 29 - e a n e d r e l u [ A d SJC/SRC/SB 42 health, shall develop rules to guide hospitals, birthing centers, medical providers, medicaid managed care organizations and private insurers in the care of newborns who exhibit physical, neurological or behavioral symptoms consistent with prenatal drug exposure, withdrawal symptoms from prenatal drug exposure or fetal alcohol spectrum disorder.

B.

(1) participation in the [discharge planning] plan of safe care development process, [including] which may occur at a prenatal or perinatal medical visit and shall occur prior to a substance-exposed child's discharge from a hospital.

The plan of safe care development process shall allow for the creation of a written plan of safe care that shall be sent SJC/SRC/SB 42 to:

Page 15 (a) the child's primary care physician;

h (b) a medicaid managed care organization u » r t h insurance plan care coordinator [who will monitor the g e l i implementation of the plan of care after discharge, if the h r i s child is insured, or to a care coordinator in the children's h , e h t u g medical services of the family health bureau of the public e b l e e , gh health division of the department of health who will monitor n d d i = = o h the implementation of the plan of care after discharge, if the l ] b ,d i a º r e r = child is uninsured] or a care coordinator employed by or t e w d m a n o contracted with the health care authority;

and(c) dthe mchild's :parent, relative, guardian or caretaker who is present at discharge who shall receive a copy upon discharge.

b r e t º o t n = .231596.5AIC March 20, 2025 (10:02pm) s k m e - 30 - e a n e d r e l u [ A d SJC/SRC/SB 42 (c) the child's parent, relative, guardian or caretaker who is present at discharge who shall receive a copy upon discharge.

and (d) if the child's parent, relative, guardian, custodian or caretaker resides on tribal land, the respective Indian tribe shall be sent a copy of the plan of safe care within twenty-four hours of the child's discharge;

The rules shall include a requirement that all hospitals, birthing centers and prenatal care providers use the screening, brief intervention and referral to treatment program at all prenatal or perinatal medical visits and live SJC/SRC/SB 42 births;

Page 16 (3) collection and reporting of data to meet h federal and state reporting requirements, including the g o following:

t hr g e i k (a) by hospitals and birthing centers to h r i s the department when:

1) a plan of safe care has been h , t, developed;

and 2) a family has been referred for a plan of safe e u g e b l e e h care;

n d d i = = o h (b) information pertaining to a child l ] b ,d i a º e born and diagnosed by a health care professional as affected by r i = r t e w d m a n o substance abuse, withdrawal symptoms resulting from prenatal ddrug mexposure :or a fetal alcohol spectrum disorder;

b e d s º o t n = .231596.5AIC March 20, 2025 (10:02pm) s k m e - 31 - e a n e d r e l u [ A d SJC/SRC/SB 42 drug exposure or a fetal alcohol spectrum disorder;

Information reported pursuant to this subparagraph shall be coordinated with communication to insurance carrier care coordinators to facilitate access to services for children and parents, relatives, guardians, custodians or [caregivers] caretakers identified in a plan of safe care;

SJC/SRC/SB 42 (a) ensure that there is at least one Page 17 care coordinator available in each birthing hospital in the state;

h g (b) ensure that all substance-exposed o t hr children who have a plan of safe care receive care coordination g e i k to implement the plan of safe care;

and h r i s h (c) provide training to hospital staff, , t, e u g birthing center staff and prenatal care providers on the e b l e e h screening, brief intervention and referral to treatment n d d i = = o h l ] b ,d program;

iand a(d) ºcommunicate, ecollaborate rand iconsult =with ran [(4)]Indian (5)child's identificationtribe ofto appropriateensure tthat eplans wof dsafe mcare aare ndeveloped o agencies to be included as supports and services in thea planculturally ofresponsive dmanner mfor :each child;

b(5) eidentification dof sappropriate ºagencies oto tbe nincluded =as .231596.5AICsupports Marchand 20,services 2025in (10:02pm)the splan kof m e - 32 - e a n e d r e l u [ A d SJC/SRC/SB 42 safe care, based on an assessment of the needs of the child and the child's relatives, parents, guardians, custodians or caretakers, performed by a discharge planner prior to the child's discharge from the hospital or birthing center, which:

[may include (a) publicshall healthinclude: agencies;

(b)1) maternalhome andvisitation childprograms healthor agencies;early intervention family infant toddler programs;

(c)and home2) visitationsubstance programs;use disorder prevention and treatment providers;

(d)and substanceSJC/SRC/SB use42 disorder(b) preventionmay andinclude: treatment providers;

(e)1) mentalpublic health providers;Page 18 agencies;

(f) public and private children and youth agencies;

(g) early intervention and developmental services;

(h) courts;

h (i) local education agencies;

g o (j) managed care organizations;

or t hr g e i k (k) hospitals and medical providers;

h r i s and] h , t, (a) shall include:

1) home visitation e u g e b l e e h programs or early intervention family infant toddler programs;

n d d i = = o h and 2) substance use disorder prevention and treatment l ] b ,d i a º e providers;

and r i = r t e w d m a n o (b) may include:

1) public health d m :

b e d s º o t n = .231596.5AIC March 20, 2025 (10:02pm) s k m e - 33 - e a n e d r e l u [ A d SJC/SRC/SB 42 agencies;

(a) the newborn'schild's name;

(b) an emergency contact for at least one of the newborn'schild's parents, relatives, guardians, custodians or caretakers;

(c) the address for the parent, relative, guardian, custodian or caretaker who will be taking the substance-exposedchild newborn home from the birthing facility;

and h (d) the names of the parents, relatives, u » r t h guardians, custodians or caretakers who will be living with the gchild; e l i substance-exposed newborn;

h r i s [(5)] (7) engagement of the child's relatives, h , e h t u g parents, guardians, custodians or caretakers in order to e b l e e , gh identify the need for access to treatment for any substance use n d d i = = o h disorder or other physical or behavioral health condition that l ] b ,d i a º r e r = may impact the safety, early childhood development and t e w d m a n o well-being of the child;

and dSJC/SRC/SB m42 :(8) implementation of plans of safe care Page 19 that shall include requirements for care coordinators to:

b r e t º o t n = .231596.5AIC March 20, 2025 (10:02pm) s k m e - 34 - e a n e d r e l u [ A d SJC/SRC/SB 42 (8) implementation of plans of safe care that shall include requirements for care coordinators to:

If a pregnant person or a substance-exposed child's parents, relatives, guardians, family members or caretakers are h not following the plan of safe care, care coordinators shall u » r make attempts to contact and provide support services to t h g e persons who are not following the plan of safe care.

l i h r i s C.

Reports made pursuant to Paragraph (3) of h , e h Subsection B of this section shall be collected by the t u g e b l department as distinct and separate from any child abuse report e e , gh n d d i = = o h as captured and held or investigated by the SJC/SRC/SB 42 department, such l ] b ,d i a º r that the reporting of a plan of safe care Page 20 shall not constitute e r = t e w d m a n o a report of suspected child abuse and neglect and shall not dinitiate minvestigation :by the department or a report to law enforcement.

b r e t º o t n = .231596.5AIC March 20, 2025 (10:02pm) s k m e - 35 - e a n e d r e l u [ A d SJC/SRC/SB 42 initiate investigation by the department or a report to law enforcement.

The [children's medical services of the family health bureau of the public health division of the department of health shall collect and record data reported pursuant to Subparagraph (c) of Paragraph (3) of Subsection B of this section to support and monitor care coordination of plans of care for children born without insurance] health care authority shall provide an annual report to the legislative finance committee, the interim legislative health and human services committee and the department of finance and administration on the status of the plan of safe care system.

The report shall include the following aggregate statistical information related h g to the creation of plans of safe care:

o t hr (1) the primary substances that infants were g e i k exposed to;

h r i s h (2) the services that infants and families , t, e u g were referred to;

e b l e e h (3) the availability and uptake rate of n d d i = = o h l ] b ,d services;

i a º e r i = r (4) whether an infant or an infant's family t e w d m a n o was subsequently reported to the children, youth and families ddepartment; m :

b e d s º o t n = .231596.5AIC March 20, 2025 (10:02pm) s k m e - 36 - e a n e d r e l u [ A d SJC/SRC/SB 42 department;

SJC/SRC/SB 42 F.

Reports made pursuant to the requirements in Page 21 this section shall not be construed to relieve a person of the requirement to report to the department knowledge of or a reasonable suspicion that a child is an abused or neglected child based on criteria as defined by Section 32A-4-2 NMSA 1978.

The [department] health care authority shall [work in consultation with the department of health to] create and distribute training materials to support and educate discharge planners or social workers on the following:

(2) how to assess whether to make a h notification to the department pursuant to Subsection B of g o Section 32A-4-3 NMSA 1978 for a child who has been diagnosed as t hr g e i k affected by substance abuse, withdrawal symptoms resulting from h r i s prenatal drug exposure or a fetal alcohol spectrum disorder;

h , t, (3) how to assess whether to create a plan of e u g e b l e e h safe care when a referral to the department is not required;

n d d i = = o h and l ] b ,d i a º e (4) the creation and deployment of a plan of r i = r t e w d m a n o safe care.

dH. m :

bA eperson dshall snot ºhave oa tcause nof =action .231596.5AICfor Marchany 20,loss 2025or (10:02pm)damage scaused kby many eact -or 37omission -resulting efrom athe nimplementation eof dthe rprovisions eof lSubsection uG [of A d SJC/SRC/SB 42 H.this section or resulting from any training, or lack thereof, Page 22 required by Subsection G of this section.

[No] A person shall not have a cause of action for any loss or damage caused by any act or omission resulting from the implementation of the provisions of Subsection G of this section or resulting from any training, or lack thereof, required by Subsection G of this section.

If the parents, relatives, guardians, custodians or caretakers of a child released from a hospital or freestanding birthing center pursuant to a plan of safe care fail to comply with that plan, the health care authority, a h g medicaid managed care organization insurance plan care o t hr coordinator or a care coordinator contracted with the health g e i k care authority shall notify the department [shall be notified] h r i s h within twenty-four hours of the failure to comply and the , t, e u g department [may] shall conduct a family assessment.

Based on e b l e e h the results of the family assessment, the department may offer n d d i = = o h l ] b ,d or provide referrals for counseling, training, or other i a º e r i = r services aimed at addressing the underlying causative factors t e w d m a n o that may jeopardize the safety or well-being of the child.

The dchild's mparents, :relatives, guardians, custodians or caretakers may choose to accept or decline any service or program offered subsequent to the family assessment;

bprovided eSJC/SRC/SB d42 sthat ºif othe tchild's nparents, =relatives, .231596.5AICguardians, Marchcustodians 20,Page 202523 (10:02pm)or scaretakers kdecline mthose eservices -or 38programs, -and ethe adepartment ndetermines ethat dthose rservices eor lprograms uare [necessary Ato daddress SJC/SRC/SBconcerns 42of child'simminent parents,harm relatives, guardians, custodians or caretakers may choose to acceptthe orchild, declinethe anydepartment serviceshall orproceed programwith offeredan subsequentinvestigation. to the family assessment;

provided that if the child's parents, relatives, guardians, custodians or caretakers decline those services or programs, and the department [may] determines that those services or programs are necessary to address concerns of imminent harm to the child, the department shall proceed with an investigation.

(2) the child becoming an abused child or h neglected child;

and g o (3) the strengths and needs of the child's t hr g e i k family members, including parents, relatives, guardians, h r i s custodians or caretakers, with respect to providing for the h , t, health and safety of the child."»HJCchild." e u g e b l e e h SECTION HJCº7. 6.»HJC HJCº7.»HJC Section 32A-4-2 NMSA 1978 n d d i = = o h (being Laws 1993, Chapter 77, Section 96, as amended) is l ] b ,d i a º e amended to read:

rSection i32A-4-2 =NMSA r1978 t(being eLaws w1993, dChapter m77, aSection n96, oas "32A-4-2.amended) is amended to read:

DEFINITIONS.--As"32A-4-2. used in the Abuse and Neglect d m :

bDEFINITIONS.--As eused din sthe ºAbuse oand tNeglect n = .231596.5AIC March 20, 2025 (10:02pm) s k m e - 39 - e a n e d r e l u [ A d SJC/SRC/SB 42 Act:

SJC/SRC/SB 42 (1) left the child without provision for the Page 24 child's identification for a period of fourteen days;

(1) who has suffered or who is at risk of suffering serious harm because of the action or inaction of the h child's parent, guardian or custodian;

g o (2) who has suffered physical abuse, emotional t hr g e i k abuse or psychological abuse inflicted or caused by the child's h r i s parent, guardian or custodian;

h , t, (3) who has suffered sexual abuse or sexual e u g e b l e e h exploitation inflicted by the child's parent, guardian or n d d i = = o h custodian;

l ] b ,d i a º e (4) whose parent, guardian or custodian has r i = r t e w d knowingly, intentionally or negligently placed the child in a msituation athat nmay oendanger dthe mchild's :life or health;

bor e(5) dwhose sparent, ºguardian oor tcustodian nhas =knowingly .231596.5AICor Marchintentionally 20,tortured, 2025cruelly (10:02pm)confined sor k m e - 40 - e a n e d r e l u [ A d SJC/SRC/SB 42 situationcruelly thatpunished may endanger the child'schild; life or health;

orPage (5)25 whoseC. parent, guardian or custodian has knowingly or intentionally tortured, cruelly confined or cruelly punished the child;

C.

or (4) had parental rights over a sibling of the h child terminated involuntarily;

g o D.

"educational decision maker" means an individual t hr g e appointed by the children's court to attend school meetings and i k h r i s to make decisions about the child's education that a parent h , t, could make under law, including decisions about the child's e u g e b l educational setting, and the development and implementation of e e h n d d i an individual education plan for the child;

= = o h l ] b ,d i a º e E.

"fictive kin" means a person not related by r i = r t e w d birth, adoption or marriage with whom a child has an memotionally asignificant nrelationship; o d m :

b e d s º o t n = .231596.5AIC March 20, 2025 (10:02pm) s k m e - 41 - e a n e d r e l u [ A d SJC/SRC/SB 42 emotionally significant relationship;

"great bodily harm" means an injury to a person that creates a high probability of death, that causes serious SJC/SRC/SB 42 disfigurement or that results in permanent or protracted loss Page 26 or impairment of the function of a member or organ of the body;

(3) who has been physically or sexually abused, when the child's parent, guardian or custodian knew or h should have known of the abuse and failed to take reasonable g o steps to protect the child from further harm;

t hr g e i k (4) whose parent, guardian or custodian is h r i s unable to discharge that person's responsibilities to and for h , t, the child because of incarceration, hospitalization or physical e u g e b l e e h or mental disorder or incapacity;

or n d d i = = o h (5) who has been placed for care or adoption l ] b ,d i a º e in violation of the law;

provided that nothing in the r i = r t e w d Children's Code shall be construed to imply that a child who is mbeing provided with treatment by spiritual means alone through prayer, in accordance with the tenets and practices SJC/SRC/SB 42 of a nrecognized ochurch dor mreligious :denomination, by a duly Page 27 accredited practitioner thereof is for that reason alone a neglected child within the meaning of the Children's Code;

b e d s º o t n = .231596.5AIC March 20, 2025 (10:02pm) s k m e - 42 - e a n e d r e l u [ A d SJC/SRC/SB 42 being provided with treatment by spiritual means alone through 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;

[H.] I.

(1) there is not a justifiable explanation for h the condition or death;

g o (2) the explanation given for the condition is t hr g e at variance with the degree or nature of the condition;

i k h r i s (3) the explanation given for the death is at h , t, variance with the nature of the death;

or e u g e b l (4) circumstances indicate that the condition e e h n d d i or death may not be the product of an accidental occurrence;

= = o h l ] b ,d i a º e [I.] J.

"relative" means a person related to r i = r t e w d another person by birth, adoption or marriage within the fifth mdegree aSJC/SRC/SB n42 oof dconsanguinity; m :

bPage e28 dK. s º o t n = .231596.5AIC March 20, 2025 (10:02pm) s k m e - 43 - e a n e d r e l u [ A d SJC/SRC/SB 42 degree of consanguinity;

[J.

] K.

[K.L.

] L.

[L.M.

] M.

[M.N.

] N.

hO. [N.

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

"suffocation"and hasP. the same meaning as set g o forth in Section 30-3-11 NMSA 1978;

and"transition tplan" hrmeans gan eindividualized iwritten kplan [O.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 P.plan shall also include responsibilities of the child, and any other party as appropriate, to enable the child to be self-sufficient upon emancipation." SJC/SRC/SB 42 SECTION 8.

"transitionSection plan"32A-4-3 meansNMSA an1978 individualized(being hLaws r1993, iPage s29 writtenChapter plan77, forSection a97, child,as basedamended) onis theamended unique needs of the h , t, child, that outlines all appropriate services to beread: provided to e u g e b l e e h the child to increase independent living skills.

The plan n d d i = = o h shall also include responsibilities of the child, and any other l ] b ,d i a º e party as appropriate, to enable the child to be self-sufficient r i = r t e w d upon emancipation." m a n o d m :

b e d s º o t n = .231596.5AIC March 20, 2025 (10:02pm) s k m e - 44 - e a n e d r e l u [ A d SJC/SRC/SB 42 HJCºSECTION 7.

Section 32A-4-3 NMSA 1978 (being Laws 1993, Chapter 77, Section 97, as amended) is amended to read:

DUTY TO REPORT CHILD ABUSE AND CHILD NEGLECT--NEGLECT--RESPONSIBILITY RESPONSIBILITY TO INVESTIGATE CHILD ABUSE OR NEGLECT--PENALTY--NEGLECT--PENALTY--NOTIFICATION NOTIFICATION OF PLAN OF SAFE CARE.-- A.

or h (3) a tribal law enforcement or social g o services agency for any Indian child residing in Indian t hr g e i k country.

h r i s B.

A law enforcement agency receiving the report h , t, shall immediately transmit the facts of the report and the e u g e b l e e h name, address and phone number of the reporter by telephone to n d d i = = o h the department and shall transmit the same information in l ] b ,d i a º e writing within forty-eight hours.

The department shall rimmediately itransmit =the rfacts tof ethe wreport dand mthe aname, nSJC/SRC/SB o42 immediatelyaddress transmitand thephone factsnumber of the reportreporter by telephone to a Page 30 local law enforcement agency and shall transmit the name,same dinformation min :writing within forty-eight hours.

b e d s º o t n = .231596.5AIC March 20, 2025 (10:02pm) s k m e - 45 - e a n e d r e l u [ A d SJC/SRC/SB 42 address and phone number of the reporter by telephone to a local law enforcement agency and shall transmit the same information in writing within forty-eight hours.

The investigation shall ensure that immediate steps are taken to protect the health or welfare h of the alleged abused or neglected child, as well as that of u » r t h any other child under the same care who may be in danger of g e l i abuse or neglect.

A local law enforcement officer trained in h r i s the investigation of child abuse and neglect is responsible for h , e h t u g investigating reports of alleged child abuse or neglect at e b l e e , gh schools, daycare facilities or child care facilities.

n d d i = = o h D.

If the child alleged to be abused or neglected l ] b ,d i a º r e r = is in the care or control of or in a facility administratively t e w d m a n o connected to the department, the report shall be investigated d m :

b r e t º o t n = .231596.5AIC March 20, 2025 (10:02pm) s k m e - 46 - e a n e d r e l u [ A d SJC/SRC/SB 42 by a local law enforcement officer trained in the investigation of child abuse and neglect.

A local law enforcement officer trained in the investigation of child abuse and neglect is responsible for investigating reports of alleged child abuse or neglect at schools, daycare facilities or child care facilities.

D.

If the child alleged to be abused or neglected is in the care or control of or in a facility SJC/SRC/SB 42 administratively connected to the department, the report Page 31 shall be investigated by a local law enforcement officer trained in the investigation of child abuse and neglect.

The investigation shall ensure that immediate steps are taken to protect the health or welfare of the alleged abused or neglected child, as well as that of any other child under the same care who may be in danger of abuse or neglect.

A finding that a pregnant woman is using or h abusing drugs made pursuant to an interview, self-report, u » r clinical observation or routine toxicology screen shall not t h g e alone form a sufficient basis to report child abuse or neglect l i h r i s to the department pursuant to Subsection A of this section.

A h , e h volunteer, contractor or staff of a hospital or freestanding t u g e b l birthing center shall not make a report based solely on that e e , gh n d d i = = o h finding and shall make a notification pursuant to Subsection H l ] b ,d i a º r of this section.

Nothing in this subsection SJC/SRC/SB 42 shall be construed eto rprevent =a tperson efrom wreporting dto mthe aPage n32 odepartment toa preventreasonable suspicion that a personchild fromis reportingan toabused theor departmentneglected child based on other criteria as defined by Section 32A-4-2 NMSA 1978, or a dcombination mof :criteria that includes a finding pursuant to this subsection.

b r e t º o t n = .231596.5AIC March 20, 2025 (10:02pm) s k m e - 47 - e a n e d r e l u [ A d SJC/SRC/SB 42 reasonable suspicion that a child is an abused or neglected child based on other criteria as defined by Section 32A-4-2 NMSA 1978, or a combination of criteria that includes a finding pursuant to this subsection.

A volunteer, contractor or staff of a hospitalhospital, or freestanding birthing center or clinic that provides prenatal or perinatal care shall:

(1) complete a written plan of safe care for a substance-exposed newborn as provided for by department of health rule and the Children's Code;

and (2) provide notification, in a form and manner prescribed by the department, to the department and the department of health.

Notification by a health care provider pursuant to this paragraph shall not be construed as a report of child abuse or neglect.

I.

As used in this section, "notification" means informing the department and the department of health that a h g substance-exposed newborn was born and providing a copy of the o t hr plan of safe care that was created for the child;

provided that g e i k notification shall comply with federal guidelines and shall not h r i s h constitute a report of child abuse or neglect.

, t, e u g J.

As used in this section, "school employee" e b l e e h includes employees of a school district or a public n d d i = = o h l ] b ,d school."»HJC i a º e r i = r HJCº SECTION 8.

Section 32A-4-3 NMSA 1978 (being Laws t e w d m a n o 1993, Chapter 77, Section 97, as amended) is amended to read:

d m :

b e d s º o t n = .231596.5AIC March 20, 2025 (10:02pm) s k m e - 48 - e a n e d r e l u [ A d SJC/SRC/SB 42 "32A-4-3.

DUTY TO REPORT CHILD ABUSE AND CHILD NEGLECT-- RESPONSIBILITY TO INVESTIGATE CHILD ABUSE OR NEGLECT--PENALTY-- NOTIFICATION OF PLAN OF SAFE CARE.-- A.

Every person, including a licensed physician;

a resident or an intern examining, attending or treating a child;

a law enforcement officer;

a judge presiding during a proceeding;

a registered nurse;

a visiting nurse;

a school employee;

a social worker acting in an official capacity;

or a member of the clergy who has information that is not privileged as a matter of law, who knows or has a reasonable suspicion that a child is an abused or a neglected child shall report the matter immediately to:

(1) a local law enforcement agency;

(2) the department;

or (3) a tribal law enforcement or social services agency for any Indian child residing in Indian h country.

g o B.

A law enforcement agency receiving the report t hr g e i k shall immediately transmit the facts of the report and the h r i s name, address and phone number of the reporter by telephone to h , t, the department and shall transmit the same information in e u g e b l e e h writing within forty-eight hours.

The department shall n d d i = = o h immediately transmit the facts of the report and the name, l ] b ,d i a º e address and phone number of the reporter by telephone to a r i = r t e w d m a n o local law enforcement agency and shall transmit the same d m :

b e d s º o t n = .231596.5AIC March 20, 2025 (10:02pm) s k m e - 49 - e a n e d r e l u [ A d SJC/SRC/SB 42 information in writing within forty-eight hours.

The written report shall contain the names and addresses of the child and the child's parents, guardian or custodian, the child's age, the nature and extent of the child's injuries, including any evidence of previous injuries, and other information that the maker of the report believes might be helpful in establishing the cause of the injuries and the identity of the person responsible for the injuries.

The written report shall be submitted upon a standardized form agreed to by the law enforcement agency and the department.

C.

The recipient of a report under Subsection A of this section shall take immediate steps to ensure prompt investigation of the report.

The investigation shall ensure that immediate steps are taken to protect the health or welfare of the alleged abused or neglected child, as well as that of any other child under the same care who may be in danger of h g abuse or neglect.

A local law enforcement officer trained in o t hr the investigation of child abuse and neglect is responsible for g e i k investigating reports of alleged child abuse or neglect at h r i s h schools, daycare facilities or child care facilities.

, t, e u g D.

If the child alleged to be abused or neglected e b l e e h is in the care or control of or in a facility administratively n d d i = = o h l ] b ,d connected to the department, the report shall be investigated i a º e r i = r by a local law enforcement officer trained in the investigation t e w d m a n o of child abuse and neglect.

The investigation shall ensure d m :

b e d s º o t n = .231596.5AIC March 20, 2025 (10:02pm) s k m e - 50 - e a n e d r e l u [ A d SJC/SRC/SB 42 that immediate steps are taken to protect the health or welfare of the alleged abused or neglected child, as well as that of any other child under the same care who may be in danger of abuse or neglect.

E.

A law enforcement agency or the department shall have access to any of the records pertaining to a child abuse or neglect case maintained by any of the persons enumerated in Subsection A of this section, except as otherwise provided in the Abuse and Neglect Act.

F.

A person who violates the provisions of Subsection A of this section is guilty of a misdemeanor and shall be sentenced pursuant to the provisions of Section 31-19-1 NMSA 1978.

G.

A finding that a pregnant woman is using or abusing drugs made pursuant to an interview, self-report, clinical observation or routine toxicology screen shall not h alone form a sufficient basis to report child abuse or neglect u » r to the department pursuant to Subsection A of this section.

A t h g e volunteer, contractor or staff of a hospital or freestanding l i h r i s birthing center shall not make a report based solely on that h , e h finding and shall make a notification pursuant to Subsection H t u g e b l of this section.

Nothing in this subsection shall be construed e e , gh n d d i = = o h to prevent a person from reporting to the department a l ] b ,d i a º r reasonable suspicion that a child is an abused or neglected e r = t e w d m a n o child based on other criteria as defined by Section 32A-4-2 d m :

b r e t º o t n = .231596.5AIC March 20, 2025 (10:02pm) s k m e - 51 - e a n e d r e l u [ A d SJC/SRC/SB 42 NMSA 1978, or a combination of criteria that includes a finding pursuant to this subsection.

H.

A [volunteer] contractor or staff of a hospital, [or] freestanding birthing center or clinic that provides prenatal or perinatal care shall:

and (2) provide notification to the [department] health care authority.

As used in this section, "notification" means informing the [department] health care authority that a substance-exposed newborn was born and providing a copy of the h g plan of safe care that was created for the child;

provided that o t hr notification shall comply with federal guidelines and shall not g e i k constitute a report of child abuse or neglect.

The health care h r i s h authority shall be responsible for ensuring compliance with , t, e u g federal reporting requirements related to plans of safe care.

eSJC/SRC/SB b42 l e e h J.

As used in this section, "school employee" nPage d33 d i = = o h l ] b ,d includes employees of a school district or a public ischool." a º e r i = r school."»HJC t e w d m a n o SECTION HJCº9. 8.»HJC HJCº9.»HJC Section 32A-4-4.1 NMSA d m :

bSection e32A-4-4.1 dNMSA s1978 º o t n = .231596.5AIC March 20, 2025 (10:02pm) s k m e - 52 - e a n e d r e l u [ A d SJC/SRC/SB 42 (being Laws 2019, Chapter 137, Section 2) is amended to read:

h (3) requiring law enforcement involvement, as g o identified pursuant to rules promulgated by the department;

or t hr g e (4) requiring a specialized assessment or a i k h r i s traditional investigative approach, as determined pursuant to h , t, rules promulgated by the department.

e u g e b l B.

The department may remove a case from the eSJC/SRC/SB e42 h n d d i multilevel response system and conduct an investigation if =Page =34 o h l ] b ,d i a º e imminent danger of serious harm to the child becomes evident.

r i = r t e w d The department may reassign a case from investigation to the mmultilevel aresponse nsystem oat dthe mdiscretion :of the department.

b e d s º o t n = .231596.5AIC March 20, 2025 (10:02pm) s k m e - 53 - e a n e d r e l u [ A d SJC/SRC/SB 42 multilevel response system at the discretion of the department.

h D.

The department shall employ licensed social u » r workers to provide services to families, relatives, caretakers t h g e or guardians participating in the multilevel response system to l i h r i s the extent that licensed social workers are available for h , e h employment.

tSJC/SRC/SB u42 gE. e b l [E.

The department may pilot the multilevel e e , gh n d d i = = o h response system prior to statewide implementation.

l ] b ,d i a º r F.

The department may limit implementation of the e r = t e w d multilevel response system to areas of the state where m a n o d m :

b r e t º o t n = .231596.5AIC March 20, 2025 (10:02pm) s k m e - 54 - e a n e d r e l u [ A d SJC/SRC/SB 42 appropriate services are available and operate the system within available state and federal resources.

G.] E.

Page 35 (1) provide an annual report of system implementation and outcomes to the legislative finance committee, the interim legislative health and human services committee, the interim legislative committee that studies courts, corrections and justice and the department of finance and administration as part of the department's budget submission;

(4) develop performance measures, as provided in the Accountability in Government Act, for the multilevel h u » r response system;

and t h g e (5) implement the multilevel response system l i h r statewide no later than July 1, [2022,2027. if the department pilots i s h , e h or otherwise geographically limits the multilevel response t u g e b l system, submit a plan to the legislative finance committee and e e , gh n d d i the department of finance and administration setting forth how = = o h l ] b ,d i a º r the system could be expanded statewide, including a plan to e r = t e w d address service availability, and identifying costs that would m a n o d m :

bF. r e t º o t n = .231596.5AIC March 20, 2025 (10:02pm) s k m e - 55 - e a n e d r e l u [ A d SJC/SRC/SB 42 be incurred by the department ] 2027.

[H.

] F.

[I.G.

]As G.used in this section, "family assessment" means a comprehensive, evidence-based assessment tool used by the department to determine the needs of a child and the child's family, relatives, caretakers or guardians at the SJC/SRC/SB 42 time the department receives a report of child abuse and Page 36 neglect, including an assessment of the likelihood of:

As used in this section, "family assessment" means a comprehensive, evidence-based assessment tool used by the department to determine the needs of a child and the child's family, relatives, caretakers or guardians at the time the department receives a report of child abuse and neglect, including an assessment of the likelihood of:

and (3) the strengths and needs of the child's family members, relatives, caretakers or guardians with respect to providing for the health and safety of the child." SECTION HJCº10. 9.»HJC HJCº10.»HJC Section 32A-4-21 NMSA h 1978 (being Laws 1993, Chapter 77, Section 115, as amended) is g o amended to read:

tSection hr32A-4-21 gNMSA e1978 i(being kLaws "32A-4-21.1993, Chapter 77, Section 115, as amended) is amended to read:

NEGLECT"32A-4-21. OR ABUSE PREDISPOSITION STUDIES, h r i s REPORTS AND EXAMINATIONS--SUPPORT SERVICES .-- h , t, A.

PriorNEGLECT toOR holdingABUSE aPREDISPOSITION dispositionalSTUDIES, hearing,REPORTS theAND eEXAMINATIONS--SUPPORT uSERVICES.-- gA. e b l e e h court shall direct that a predisposition study and report be n d d i = = o h submitted in writing to the court by the department.

lPrior ]to bholding ,da idispositional hearing, the court shall direct that a ºpredisposition estudy B.and report be submitted in writing to the court by the department.