ECECD INVESTIGATION TEAM

HB0293

HOUSE BILL 293

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

INTRODUCED BY

Rebecca Dow
and
Andrea Reeb

AN ACT

RELATING TO CHILDREN; CREATING THE EARLY CHILDHOOD EDUCATION
AND CARE DEPARTMENT INVESTIGATION TEAM; ESTABLISHING
INVESTIGATION UNITS AND A TEAM COORDINATOR; REQUIRING
REPORTING; REQUIRING RULES.

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

SECTION 1.
A new section of the Early Childhood Education
and Care Department Act is enacted to read:

"[
NEW MATERIAL
] EARLY CHILDHOOD EDUCATION AND CARE
DEPARTMENT INVESTIGATION TEAM CREATED--TEAM COORDINATOR--DUTIES--WRITTEN FINDINGS--REPORTS.--

A. The "early childhood education and care
department investigation team" is created within the
department. The team consists of a team coordinator, locally
assigned early childhood education and care department
investigation units and other personnel necessary to carry out
the duties of the team. The team is responsible for
investigating reports of critical incidents and serious
critical incidents referred to the team by the department.

B. The team coordinator shall:

(1) handle all aspects of the intake of
reports of critical incidents and serious critical incidents
directed to the early childhood education and care department
investigation team, including documentation and recordkeeping,
tracking and transparency as necessary for each report;

(2) immediately assign the appropriate
investigation unit to investigate each report directed to the
early childhood education and care department investigation
team;

(3) assist in an ongoing manner each
investigation unit with coordination and collaboration with
local law enforcement as necessary or appropriate; and

(4) perform any other duties as required and
assigned by the department.

C. An early childhood education and care department

investigation unit shall investigate reports of critical
incidents and serious critical incidents of a child that occur
in a program or facility receiving funds from the department
located in the unit's local area of authority as determined and
assigned by the team coordinator. An investigation initiated
pursuant to this section:

(1) shall commence within twenty-four hours of
assignment to the unit;

(2) shall include, as appropriate, interviews
with the alleged victim, witnesses and program or facility
staff;

(3) shall include review of incident reports,
including prior incident reports, applicable medical reports
and treatment plans, other relevant records, video or audio
recordings, on-site visits and any history of complaints or
violations at the program or facility;

(4) shall include consultations or interviews
with experts such as medical, behavioral health or other
specialists, including department staff as appropriate;

(5) may include additional unannounced or
announced site visits to the program or facility to observe the
environment, interview additional staff, review pertinent
records or gather additional information deemed appropriate or
necessary; and

(6) shall be completed within sixty days of
assignment unless the team coordinator documents good cause for
an extension.

D.
In conducting an investigation of critical
incidents or serious critical incidents alleged to have
occurred at a program or facility receiving funds from the
department, the investigation unit shall be provided immediate
and unrestricted access to:

(1) the alleged victim;

(2) program or facility administrators and
staff;

(3) the physical premises of the program or
facility; and

(4) records relevant to the investigation,
including personnel files, incident reports, video or audio
recordings, medical records, treatment plans and licensing or
contract compliance material.

E. The program or facility receiving funds from the
department and its employees shall cooperate fully with the
investigation unit and shall not obstruct, interfere with or
retaliate against any person who makes a report, participates
in an interview or otherwise assists the unit.

F. At the initial contact with an alleged
perpetrator, the investigation unit shall provide to the
alleged perpetrator written notice of the allegations and a
description of the investigative process.

G. Interviews conducted pursuant to an
investigation as provided in this section shall, to the extent
practicable:

(1) be conducted privately;

(2) be documented in an investigation record;
and

(3) include interpreter services when
necessary to facilitate effective communication.

H. If information obtained during an investigation
identifies a new alleged perpetrator or otherwise expands the
allegations, the investigation unit, in a separate interview
conducted pursuant to this section, shall provide the
identified new alleged perpetrator an opportunity to respond to
the allegation.

I. If the investigation unit determines that the
alleged victim or another child faces immediate risk to health
or safety, the unit shall implement or recommend a plan for
immediate protective action in coordination with the department
and appropriate authorities.

J. An investigation completed pursuant to
Subsection C of this section shall be fully documented in a
report with written findings and notifications provided to the
department. The report shall include:

(1) determinations by the investigation unit
as to whether:

(a) the allegation of a critical
incident or a serious critical incident is or is not
substantiated by a preponderance of evidence;

(b) concerns that are identified
regarding a caregiver with a program or facility or the program
or facility as a whole; or

(c) the critical incident or serious
critical incident was referred to law enforcement; and

(2) notifications by the investigation unit to
the following parties of the unit's findings, not to include
the investigative materials:

(a) the alleged victim and the alleged
victim's parent, guardian or custodian;

(b) the administrator, director or
similarly titled manager of the program or facility where the
alleged incident occurred; and

(c) appropriate law enforcement if the
investigation unit suspects criminal activity.

K. At the conclusion of an investigation, in its
written findings, the investigation unit shall, as appropriate,
require corrective actions or monitoring to ensure that the
program or facility is compliant with the applicable licensing
or contract requirements.

L. As used in this section:

(1) "critical incident" means any action or
inaction that implicates the well-being or safety of a child in
a program or facility receiving funds from the department; and

(2) "serious critical incident" means any
action in violation of:

(a) the Abuse and Neglect Act;

(b) Section 30-6-3 or 30-6-4 NMSA 1978;

(c) the Sexual Exploitation of Children
Act;

(d) Sections 30-9-11 through 30-9-13
NMSA 1978; or

(e) rules adopted by the department."

SECTION 2.
TEMPORARY PROVISION--RULES.--The early
childhood education and care department shall adopt and
promulgate rules to carry out the provisions of this act no
later than September 30, 2026.

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