SUBSTITUTE CARE ADVISORY COUNCIL CHANGES

HB0308

HOUSE BILL 308

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

INTRODUCED BY

Rebecca Dow
and
Marian Matthews

AN ACT

RELATING TO GOVERNMENT REORGANIZATION; REMOVING THE SUBSTITUTE
CARE ADVISORY COUNCIL FROM ADMINISTRATIVE ATTACHMENT TO THE
REGULATION AND LICENSING DEPARTMENT; ADMINISTRATIVELY ATTACHING
THE SUBSTITUTE CARE ADVISORY COUNCIL TO THE ATTORNEY GENERAL;
PROVIDING FOR TRANSFERS OF THE SUBSTITUTE CARE ADVISORY COUNCIL
AND COUNCIL FUNCTIONS, PERSONNEL, APPROPRIATIONS, MONEY,
PROPERTY AND CONTRACTUAL OBLIGATIONS FROM THE REGULATION AND
LICENSING DEPARTMENT TO THE ATTORNEY GENERAL; AMENDING AND
REPEALING SECTIONS OF THE NMSA 1978; MAKING AN APPROPRIATION.

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

SECTION 1.

Section 32A-8-2 NMSA 1978 (being Laws 1993,
Chapter 77, Section 204, as amended) is amended to read:

"32A-8-2. PURPOSE OF ACT.--The purpose of the Citizen
Substitute Care Review Act is to provide a permanent system for
independent and objective monitoring of children placed in the
custody of the department by examining the policies, procedures
and practices of the department and [
where appropriate
]
specific cases to evaluate the extent to which the department
is effectively discharging its child protection
responsibilities."

SECTION 2.
Section 32A-8-4 NMSA 1978 (being Laws 1993,
Chapter 77, Section 206, as amended) is amended to read:

"32A-8-4. SUBSTITUTE CARE ADVISORY COUNCIL--MEMBERS--COMPENSATION--RESPONSIBILITIES--ADVISORY COMMITTEE.--

A. The "substitute care advisory council" is
created and, in accordance with the provisions of Section 9-1-7
NMSA 1978, is administratively attached to the [
regulation and
licensing department
]
attorney general
. The general purpose of
the council is to oversee substitute care review boards in
their monitoring of children placed in the custody of the
children, youth and families department [
to identify systemic
policy issues regarding substitute care
].
The council shall
exercise its functions independently.
The council shall be
composed of nine [
persons
]
voting members
, including:

(1) the secretary of public education or the
secretary's designee;

(2) the secretary of [
human services
]
health
care authority
or the secretary's designee;

(3) the secretary of [
finance and
administration
]
early childhood education and care
or the
secretary's designee;

(4) the secretary of health or the secretary's
designee;

(5) two public members, appointed by the
governor, who:

(a) are at least eighteen and no more
than thirty years of age at the time of appointment; and

(b) were previously placed in substitute
care;

(6) two public members, appointed by the
governor, who have expertise in the area of child welfare; and

(7) one children's court judge, appointed by
the governor.

B. The council may hire staff and contract for
services to carry out the purposes of the Citizen Substitute
Care Review Act. Except as provided pursuant to Paragraph (7)
of Subsection A of this section, a person or a relative of a
person employed by the department,
the attorney general
or a
district court shall not serve on the council.

C. Terms of office of public members of the council
shall be three years. Public members shall be eligible for
reappointment. In the event that a vacancy occurs among the
members of the council, the governor shall appoint another
person to serve the unexpired portion of the term.

D. The council shall select a chairperson, a vice
chairperson and other officers as it deems necessary.

E. The council shall meet no less than twice
annually and more frequently upon the call of the chairperson.

F. The council shall adopt reasonable rules
relating to the functions and procedures of the substitute care
review boards and the council in accordance with the duties of
the boards as provided in the Citizen Substitute Care Review
Act. These rules shall:

(1) establish training requirements for
substitute care review board members;

(2) establish criteria for council designation
of cases for substitute care review board review;

(3) establish procedures for substitute care
review board review of designated cases;

(4) establish criteria for membership and
tenure on and operating procedures for substitute care review
boards;

(5) specify the information needed for
designated cases to be monitored by substitute care review
boards; and

(6) specify case information to be tracked and
reported to the council.

G. When adopting rules establishing criteria for
designation of cases for substitute care review board review,
the council shall weigh the importance of the following
factors, including:

(1) sibling placements;

(2) the frequency and severity of neglect or
abuse;

(3) the behavioral health status of household
members;

(4) the placement of children in households
where there are no relatives of the children;

(5) data related to demographics; and

(6) relevant trend data.

H. The council shall review and coordinate the
activities of the substitute care review boards and make a
report with its recommendations to the department, the courts
and the appropriate legislative interim committees, on or
before November 1 of each year, regarding statutes, rules,
policies and procedures relating to substitute care. This
report shall include recommendations for any changes to
substitute care review boards.

I. Council members shall receive per diem and
mileage as provided for nonsalaried public officers in the Per
Diem and Mileage Act; provided that, if a different provision
of that act applies to a specific member, that member shall be
paid pursuant to that applicable provision. Members shall
receive no other compensation, perquisite or allowance.

J. The council shall appoint by October 1 of each
year a six-member advisory committee from a list of substitute
care review board members that the substitute care review
boards shall nominate. The advisory council shall meet with
the council at least once per year to advise the council on
matters relating to substitute care review. Advisory committee
members shall serve terms of one year and may be reappointed."

SECTION 3.
Section 32A-8-5 NMSA 1978 (being Laws 1993,
Chapter 77, Section 207, as amended) is amended to read:

"32A-8-5. SUBSTITUTE CARE REVIEW BOARDS--APPOINTMENTS--EXCLUSION--TERMS--TRAINING--COMPENSATION--MEETINGS.--

A. The council shall establish no fewer than three
substitute care review boards and, in each judicial district
established pursuant to Section 34-6-1 NMSA 1978, no more than
the following number of substitute care review boards:

(1) two substitute care review boards in the
first judicial district;

(2) three substitute care review boards in the
second judicial district;

(3) one substitute care review board in the
third judicial district;

(4) two substitute care review boards in the
fourth judicial district;

(5) two substitute care review boards in the
fifth judicial district;

(6) two substitute care review boards in the
sixth judicial district;

(7) two substitute care review boards in the
seventh judicial district;

(8) two substitute care review boards in the
eighth judicial district;

(9) one substitute care review board in the
ninth judicial district;

(10) one substitute care review board in the
tenth judicial district;

(11) two substitute care review boards in the
eleventh judicial district;

(12) two substitute care review boards in the
twelfth judicial district; and

(13) two substitute care review boards in the
thirteenth judicial district.

B. The council, or a contractor performing services
for the council pursuant to Subsection B of Section 32A-8-4
NMSA 1978, shall provide administrative support to substitute
care review boards in accordance with the Citizen Substitute
Care Review Act and rules that the council has adopted.

C. A person or a relative of a person employed by
the [
department of finance and administration, the
] children,
youth and families department, the [
human services department
]

health care authority
, the public education department, the
department of health,
the attorney general
, a contractor of the
council or a district court shall not serve on a substitute
care review board.

D. The composition of each substitute care review
board shall be broadly representative of the community in which
the board serves and include members with expertise in the
prevention and treatment of child abuse and neglect and may
include adult former victims of child abuse or neglect.

E. Each substitute care review board shall meet at
least once per quarter to review cases designated in accordance
with council rules.

F. Substitute care review board members may receive
per diem and mileage as provided for nonsalaried public
officers in the Per Diem and Mileage Act; provided that, if a
different provision of that act applies to a specific member,
that member shall be paid pursuant to that applicable
provision. Members shall receive no other compensation,
perquisite or allowance.

G. Upon request of the council, a substitute care
review board shall prepare a report summarizing its activities.
These reports shall not contain confidential information."

SECTION 4.
REPEAL.--Section 32A-8-7 NMSA 1978 (being Laws
1993, Chapter 77, Section 209, as amended) is repealed.

SECTION 5
.
TEMPORARY PROVISIONS--TRANSFER--FUNDS--CONTRACTS--PERSONNEL.--On the effective date of this act:

A. all functions, records, personnel,
appropriations, money, furniture, property, equipment and
supplies of the regulation and licensing department relating to
the Citizen Substitute Care Review Act shall be transferred
from the regulation and licensing department to the attorney
general;

B. all appropriations, contract funds and funds for
contract administration and staff, the cost of substitute care
advisory council per diem and travel, training and all other
costs relating to the Citizen Substitute Care Review Act shall
be transferred from the regulation and licensing department to
the attorney general; and

C. all existing rules and regulations, contracts
and agreements of the regulation and licensing department
relating to the statewide system of substitute care review
boards shall be binding and effective on the attorney general.

SECTION 6.
EFFECTIVE DATE.--The effective date of the
provisions of this act is July 1, 2026.

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