CHILD ADVOCATE OFFICE DATA SHARING

HB0202

HOUSE BILL 202

57th legislature - STATE OF NEW MEXICO - second session, 2026

INTRODUCED BY

Rebecca Dow
and
Gail Armstrong
and
Michelle Paulene Abeyta

AN ACT

RELATING TO CHILDREN; REQUIRING THE CHILDREN, YOUTH AND
FAMILIES DEPARTMENT, THE HEALTH CARE AUTHORITY, THE EARLY
CHILDHOOD EDUCATION AND CARE DEPARTMENT, THE DEPARTMENT OF
HEALTH, THE PUBLIC EDUCATION DEPARTMENT, THE ADMINISTRATIVE
OFFICE OF THE COURTS AND THE DEPARTMENT OF PUBLIC SAFETY TO
ENTER INTO A MULTI-AGENCY MEMORANDUM OF UNDERSTANDING WITH THE
OFFICE OF CHILD ADVOCATE FOR THE SHARING OF DATA AND AGENCY
SYSTEMS ACCESS WITH THE OFFICE OF CHILD ADVOCATE; PROVIDING FOR
COLLABORATION WITH THE DEPARTMENT OF INFORMATION TECHNOLOGY AND
THE ATTORNEY GENERAL; REQUIRING OVERSIGHT AND REPORTS; MAKING
AN APPROPRIATION.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

SECTION 1.
A new section of Chapter 9 NMSA 1978 is
enacted to read:

"[
NEW MATERIAL
] STATE AGENCIES--DATA AND SYSTEMS ACCESS
SHARING--MULTI-AGENCY MEMORANDUM OF UNDERSTANDING--COLLABORATION--REQUIREMENTS--REPORTS.--

A. As used in this section, "multi-agency
memorandum of understanding" means the written agreement
executed by the parties to provide for the sharing of agency
data and agency systems access with the office of child
advocate.

B. With the assistance and collaboration of the
department of information technology and the attorney general,
the office of child advocate and the following state agencies
shall enter into an agreement in the form of a single multi-agency memorandum of understanding for the purposes of sharing
certain agency data and access to certain agency systems:

(1) the administrative office of the courts;

(2) the children, youth and families
department;

(3) the department of health;

(4) the department of public safety;

(5) the early childhood education and care
department;

(6) the health care authority; and

(7) the public education department.

C. A working group shall be convened to develop the
appropriate and necessary terms and provisions to be included
in the multi-agency memorandum of understanding required
pursuant to this section. The working group shall:

(1) initially meet no later than June 15,
2026;

(2) consist of a representative of the office
of child advocate, who shall serve as chair, a representative
of each agency that is a party to the multi-agency memorandum
of understanding, a representative of the attorney general and
the appropriate staff from the department of information
technology; and

(3) meet as needed to develop and, no later
than October 15, 2026, cause the execution of the multi-agency
memorandum of understanding.

D. The multi-agency memorandum of understanding
shall put forth clearly the purpose for, and the scope of, the
data sharing and the systems access sharing for each party and
may include agency-specific appendices as appropriate to
address confidentiality requirements or other agency-specific
matters deemed necessary. At a minimum, the multi-agency
memorandum of understanding shall:

(1) identify the specific agency data and the
level and type of access to the agencies' systems that shall be
shared;

(2) prescribe the manner, process and methods
for sharing and storing agency data or for agency system
access;

(3) prescribe the platform, electronic network
or other means used for sharing and storing data, for agency
system access and for related communications;

(4) prescribe security measures or protocols
for sharing and storing agency data and for accessing agency
systems;

(5) require the use of audit logging to
automatically record access to sensitive information;

(6) establish and implement a breach plan;

(7) establish oversight and reporting
requirements;

(8) include provisions to ensure compliance
with:

(a) the uniform crime reporting system
maintained by the department of public safety;

(b) the federal Health Insurance
Portability and Accountability Act of 1996;

(c) the federal Family Educational
Rights and Privacy Act of 1974;

(d) limitations consistent with court
rules; and

(e) operational and cybersecurity
requirements or recommendations of the department of
information technology; and

(9) be reviewed for legal and technical
soundness by each party to the multi-agency memorandum of
understanding.

E. Copies of the executed multi-agency memorandum
of understanding shall be provided to the executing parties,
the legislative finance committee, the governor and the
legislative health and human services committee no later than
November 1, 2026."

SECTION 2.
APPROPRIATION.--Seventy-five thousand dollars
($75,000) is appropriated from the general fund to the office
of child advocate for expenditure in fiscal years 2026 and 2027
to obtain technical services as necessary to carry out the
provisions of this act. Any unexpended balance remaining at
the end of fiscal year 2027 shall revert to the general fund.

- 5 -