EXPOSURE TO CERTAIN DRUGS AS CHILD ABUSE

HB0084

HOUSE BILL 84

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

INTRODUCED BY

Gail Armstrong

AN ACT

RELATING TO CHILDREN; PROVIDING THAT EXPOSURE OF A CHILD TO A
SCHEDULE I OR SCHEDULE II CONTROLLED SUBSTANCE CONSTITUTES
ABUSE OF A CHILD; ADDING EXPOSURE TO THE USE OF FENTANYL AS
EVIDENCE OF ABUSE OF A CHILD; AMENDING AND UPDATING SECTIONS OF
THE CHILDREN'S CODE TO PROVIDE FOR PLANS OF SAFE CARE FOR A
SUBSTANCE-EXPOSED NEWBORN; PROVIDING FOR REPORTS TO THE
CHILDREN, YOUTH AND FAMILIES DEPARTMENT CENTRAL INTAKE SYSTEM
REGARDING CERTAIN NEWBORNS WHO MAY BE AT RISK; AMENDING THE
DEFINITION OF "NEGLECTED CHILD" IN THE ABUSE AND NEGLECT ACT;
PROVIDING FOR TAKING A NEWBORN INTO TEMPORARY PROTECTIVE
CUSTODY UNDER CERTAIN CIRCUMSTANCES; DECLARING AN EMERGENCY.

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

SECTION 1.
Section 30-6-1 NMSA 1978 (being Laws 1973,
Chapter 360, Section 10, as amended) is amended to read:

"30-6-1. ABANDONMENT OR ABUSE OF A CHILD.--

A. As used in this section:

(1) "child" means a person who is less than
eighteen years of age;

(2) "neglect" means that a child is without
proper parental care and control of subsistence, education,
medical or other care or control necessary for the child's
well-being because of the faults or habits of the child's
parents, guardian or custodian or their neglect or refusal,
when able to do so, to provide them; [
and
]

(3) "negligently" refers to criminal
negligence and means that a person knew or should have known of
the danger involved and acted with a reckless disregard for the
safety or health of the child;
and

(4) "newborn" means a child who is less than
seventy-two hours old
.

B. Abandonment of a child consists of the parent,
guardian or custodian of a child intentionally leaving or
abandoning the child under circumstances whereby the child may
or does suffer neglect. A person who commits abandonment of a
child is guilty of a misdemeanor, unless the abandonment
results in the child's death or great bodily harm, in which
case the person is guilty of a second degree felony.

C. A parent, guardian or custodian who leaves an
infant less than ninety days old in compliance with the Safe
Haven for Infants Act shall not be prosecuted for abandonment
of a child.

D. Abuse of a child consists of a person knowingly,
intentionally or negligently, and without justifiable cause:

(1)
causing or permitting a child to be:

[
(1)
]
(a)
placed in a situation that may
endanger the child's life or health;

[
(2)
]
(b)
tortured, cruelly confined or
cruelly punished; or

[
(3)
]
(c)
exposed to the inclemency of
the weather;
or

(2) introducing a Schedule I or Schedule II
controlled substance as provided in the Controlled Substances
Act into the person's body if:

(a) the person knows that the person is
pregnant; and

(b) upon the birth following that
pregnancy, the newborn tests positive for that substance.

E. The provisions of Paragraph (2) of Subsection D
of this section do not apply to a person who lawfully uses a
Schedule II controlled substance and subsequently births a
child that tests positive for that substance.

[
E.
]
F.
A person who commits abuse of a child that
does not result in the child's death or great bodily harm is,
for a first offense, guilty of a third degree felony and for
second and subsequent offenses is guilty of a second degree
felony. If the abuse results in great bodily harm to the
child, the person is guilty of a first degree felony.

[
F.
]
G.
A person who commits negligent abuse of a
child that results in the death of the child is guilty of a
first degree felony.

[
G.
]
H.
A person who commits intentional abuse of a
child twelve to eighteen years of age that results in the death
of the child is guilty of a first degree felony.

[
H.
]
I.
A person who commits intentional abuse of a
child less than twelve years of age that results in the death
of the child is guilty of a first degree felony resulting in
the death of a child.

[
I.
]
J.
Evidence that demonstrates that a child has
been knowingly, intentionally or negligently allowed to enter
or remain in a motor vehicle, building or any other premises
that contains chemicals and equipment used or intended for use
in the manufacture of a controlled substance shall be deemed
prima facie evidence of abuse of the child.

[
J.
]
K.
Evidence that demonstrates that a child has
been knowingly and intentionally exposed to the use of
methamphetamine
or fentanyl
shall be deemed prima facie
evidence of abuse of the child.

[
K.
]
L.
A person who leaves an infant less than
ninety days old at a hospital may be prosecuted for abuse of
the infant for actions of the person occurring before the
infant was left at the hospital."

SECTION 2.
Section 32A-3A-2 NMSA 1978 (being Laws 1993,
Chapter 77, Section 64, as amended) is amended to read:

"32A-3A-2. DEFINITIONS.--As used in the Voluntary
Placement and Family Services Act:

A. "child or family in need of family services"
means a family:

(1) whose child's behavior endangers the
child's health, safety, education or well-being;

(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;

B. "family services" means services that address
specific needs of the child or family;

C. "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. "guardianship assistance agreement" means a
written agreement entered into by the prospective guardian and
the department or Indian tribe prior to the establishment of
the guardianship by a court;

E. "guardianship assistance payments" means
payments made by the department to a kinship guardian or
successor guardian on behalf of a child pursuant to the terms
of a guardianship assistance agreement;

F. "guardianship assistance program" means the
financial subsidy program provided for in the Voluntary
Placement and Family Services Act;

G. "kinship" 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;

H. "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;

I. "newborn" means a child who is less than
seventy-two hours old;

[
I.
]
J.
"subsidized guardianship" means a
guardianship that meets subsidy eligibility criteria pursuant
to the Voluntary Placement and Family Services Act; [
and
]

K. "substance-exposed newborn" means a newborn who
is affected by prenatal exposure to a controlled substance,
including a prescribed or non-prescribed drug, or alcohol
ingested by the newborn's mother while the newborn was in
utero; and

[
J.
]
L.
"voluntary placement agreement" means a
written agreement between the department and the parent or
guardian of a child."

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

"32A-3A-13. PLAN OF SAFE CARE--
SUBSTANCE-EXPOSED
NEWBORNS
--GUIDELINES--CREATION--DATA SHARING--TRAINING.--

A. By July 1, 2026, the health care authority, in
consultation with medicaid managed care organizations, private
insurers, the office of superintendent of insurance, the
children, youth and families department and the department of
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. Rules shall include
requirements and
guidelines
[
to
]
for
hospitals, birthing centers, medical providers,
medicaid managed care organizations and private insurers
regarding:

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

(a) the [
child's
]
newborn's
primary care
physician;

(b) a medicaid managed care organization
insurance plan care coordinator or a care coordinator employed
by or contracted with the health care authority;

(c) the [
child's
]
newborn's
parent,
relative, guardian,
custodian
or caretaker who is present at
discharge who shall receive a copy upon discharge. The plan of
safe care shall be signed by an appropriate representative of
the discharging hospital and the [
child's
]
newborn's
parent,
relative, guardian or caretaker who is present at discharge;
and

(d) if the [
child's
]
newborn'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
]

newborn's
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
]
newborn
born
affected by substance use or withdrawal symptoms resulting from
prenatal drug exposure or a fetal alcohol spectrum disorder.
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 births;

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

(a) by hospitals and birthing centers to
the department when: 1) a plan of safe care has been
developed; and 2) a family has been referred for a plan of safe
care;

(b) information pertaining to a [
child
]

newborn
born and diagnosed by a health care professional as
affected by substance abuse, withdrawal symptoms resulting from
prenatal drug exposure or a fetal alcohol spectrum disorder;
and

(c) data collected by hospitals and
birthing centers for use by the children's medical services of
the family health bureau of the public health division of the
department of health in epidemiological reports and to support
and monitor a 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,
custodians or caretakers identified in a plan of safe care;

(4) requirements for the health care authority
to:

(a) ensure that there is at least one
care coordinator available in each birthing hospital in the
state;

(b) ensure that all substance-exposed
[
children
]
newborns
who have a plan of safe care receive care
coordination to implement the plan of safe care;

(c) provide training to hospital staff,
birthing center staff and prenatal care providers on the
screening, brief intervention and referral to treatment
program; and

(d) communicate, collaborate and consult
with an Indian child's tribe to ensure that plans of safe care
are developed in a culturally responsive manner for each child;

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

(a) shall include: 1) home visitation
programs or early intervention family infant toddler programs;
and 2) substance use disorder prevention and treatment
providers; and

(b) may include: 1) public health
agencies; 2) maternal and child health agencies; 3) mental
health providers; 4) infant mental health providers; 5) public
and private children and youth agencies; 6) early intervention
and developmental services; 7) courts; 8) local education
agencies; 9) managed care organizations; or 10) hospitals and
medical providers;

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

(a) the [
child's
]
newborn's
name;

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

(c) the address for the parent,
relative, guardian, custodian or caretaker who will be taking
the [
child
]
newborn
home from the birthing facility; and

(d) the names of the parents, relatives,
guardians, custodians or caretakers who will be living with the
[
child
]
newborn
;

(7) engagement of the [
child's
]
newborn's

relatives, parents, guardians, custodians 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; and

(8) implementation of plans of safe care that
shall include requirements for care coordinators to:

(a) actively work with pregnant persons
or a substance-exposed [
child's
]
newborn's
parents, relatives,
guardians, family members or caretakers to refer and connect
the pregnant person or substance-exposed [
child's
]
newborn's

parents, relatives, guardians, family members or caretakers to
necessary services. Care coordinators shall use an evidence-based intensive care coordination model that is listed in the
federal Title IV-E prevention services clearinghouse or another
nationally recognized evidence-based clearinghouse for child
welfare; and

(b) attempt to make contact with persons
who are not following the plan of safe care using multiple
methods, including in person, by mail, by phone call or by text
message. If a pregnant person or a substance-exposed [
child's
]

newborn's
parents, relatives, guardians, family members or
caretakers are not following the plan of safe care, care
coordinators shall make attempts to contact and provide support
services to persons who are not following the plan of safe
care.

C. Reports made pursuant to Paragraph (3) of
Subsection B of this section shall be collected by the
department as distinct and separate from any child abuse report
as captured and held or investigated by the department, such
that the reporting of a plan of safe care shall not constitute
a report of suspected child abuse and neglect and shall not
initiate investigation by the department or a report to law
enforcement.

D. The department shall summarize and report data
received pursuant to Paragraph (3) of Subsection B of this
section at intervals as needed to meet federal regulations.

E. The 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 to the
creation of plans of safe care:

(1) the primary substances that [
infants
]

newborns
were exposed to;

(2) the services that [
infants
]
newborns
and
families were referred to;

(3) the availability and uptake rate of
services;

(4) whether [
an infant
]
a newborn
or [
an
infant's
]
a newborn's
family was subsequently reported to the
children, youth and families department; and

(5) disaggregated demographic and geographic
data.

F. 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. The health care authority shall create and
distribute training materials to support and educate discharge
planners or social workers on [
the following
]
how to
:

(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
Section 32A-4-3 NMSA 1978 for a child who has been diagnosed as
affected by substance abuse, withdrawal symptoms resulting from
prenatal drug exposure or a fetal alcohol spectrum disorder;

(3) [
how to
] assess whether to create a plan
of safe care when a referral to the department is not required;
and

(4) [
the creation and deployment of
]
create
and deploy
a plan of safe care.

H. If a health care provider or other person
involved in creating a substance-exposed newborn's plan of safe
care has concerns about the continued safety of the newborn
prior to or after the newborn's discharge from a hospital or
birthing facility, the health care provider or person shall
make a report regarding the concerns to the department's
statewide central intake. Upon receiving the report, the
department shall review the plan of safe care for the newborn
who is the subject of the report and shall:

(1) perform an assessment to determine whether
the newborn's plan of safe care:

(a) is complete and has been provided to
the persons or entities required pursuant to Paragraph (1) of
Subsection B of this section;

(b) adequately addresses the newborn's
health, safety and well-being; and

(c) adequately addresses any substance
use disorder treatment needs of the newborn's family and
caregivers; and

(2) determine whether the newborn's needs are
being met given the results of the assessment, and if the
newborn's needs are not being met, the department shall:

(a) initiate an investigation; and

(b) update the newborn's plan of safe
care based on the findings in the investigation and include in
the plan copies of any reports regarding the newborn that are
received by the department's statewide central intake.

[
H.
]
I.
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.

[
I.
]
J.
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."

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

"32A-3A-14. NOTIFICATION TO THE DEPARTMENT OF
NONCOMPLIANCE WITH A PLAN OF SAFE CARE.--

A. 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
medicaid managed care organization insurance plan care
coordinator or a care coordinator contracted with the health
care authority shall notify the department within twenty-four
hours of the failure to comply and the department shall 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, custodians 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, custodians or caretakers decline those services or
programs, and the department determines that those services or
programs are necessary to address concerns of imminent harm to
the child, the department shall 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 safe care to determine the needs of a
child and the child's parents, relatives, guardians, custodians
or caretakers, including an assessment of [
the likelihood of
]:

(1)
the likelihood of
imminent danger to a
child's well-being;

(2)
the likelihood of
the child becoming an
abused child or neglected child; [
and
]

(3) the strengths and needs of the child's
family members, including parents, relatives, guardians,
custodians or caretakers, with respect to providing for the
health and safety of the child;
and

(4) any past or potential relevant involvement
with the protective services division of the department
."

SECTION 5.
Section 32A-4-2 NMSA 1978 (being Laws 1993,
Chapter 77, Section 96, as amended) is amended to read:

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

A. "abandonment" includes instances when the
parent, without justifiable cause:

(1) left the child without provision for the
child's identification for a period of fourteen days; or

(2) left the child with others, including the
other parent or an agency, without provision for support and
without communication for a period of:

(a) three months if the child was under
six years of age at the commencement of the three-month period;
or

(b) six months if the child was over six
years of age at the commencement of the six-month period;

B. "abused child" means a child:

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

(2) who has suffered physical abuse, emotional
abuse or psychological abuse inflicted or caused by the child's
parent, guardian or custodian;

(3) who has suffered sexual abuse or sexual
exploitation inflicted by the child's parent, guardian or
custodian;

(4) whose parent, guardian or custodian has
knowingly, intentionally or negligently placed the child in a
situation that may endanger the child's life or health; or

(5) whose parent, guardian or custodian has
knowingly or intentionally tortured, cruelly confined or
cruelly punished the child;

C. "aggravated circumstances" includes those
circumstances in which the parent, guardian or custodian has:

(1) attempted, conspired to cause or caused
great bodily harm to the child or great bodily harm or death to
the child's sibling;

(2) attempted
or
conspired to cause or caused
great bodily harm or death to another parent, guardian or
custodian of the child;

(3) attempted
or
conspired to subject or has
subjected the child to torture, chronic abuse or sexual abuse;
or

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

D. "educational decision maker" means an individual
appointed by the children's court to attend school meetings and
to make decisions about the child's education that a parent
could make under law, including decisions about the child's
educational setting and the development and implementation of
an individual education plan for the child;

E. "fictive kin" means a person not related by
birth, adoption or marriage with whom a child has an
emotionally significant relationship;

F. "great bodily harm" means an injury to a person
that creates a high probability of death, that causes serious
disfigurement or that results in permanent or protracted loss
or impairment of the function of a member or organ of the body;

G. "neglected child" means a child:

(1) who has been abandoned by the child's
parent, guardian or custodian;

(2) who is without proper parental care and
control or subsistence, education, medical or other care or
control necessary for the child's well-being because of the
faults or habits of the child's parent, guardian or custodian
or the failure or refusal of the parent, guardian or custodian,
when able to do so, to provide [
them
]
such care and control
;

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

(4) whose parent, guardian or custodian is
unable to discharge that person's responsibilities to and for
the child because of incarceration, hospitalization or physical
or mental disorder or incapacity; [
or
]

(5) who has been placed for care or adoption
in violation of the law; provided that nothing in the
Children's Code shall be construed to imply that a child who is
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; and
further provided that no child shall be denied the protection
afforded to all children under the Children's Code;
or

(6) whose parent, guardian or custodian has
failed to comply with a plan of safe care, pursuant to Section
32A-3A-13 NMSA 1978;

H. "newborn" means a child who is less than
seventy-two hours old;

[
H.
]
I.
"personal identifier information" means a
person's name and contact information, including home or
business address, email address or phone number;

[
I.
]
J.
"physical abuse" includes any case in which
the child suffers strangulation or suffocation and any case in
which the child exhibits evidence of skin bruising, bleeding,
malnutrition, failure to thrive, burns, fracture of any bone,
subdural hematoma, soft tissue swelling or death and:

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

(2) the explanation given for the condition is
at variance with the degree or nature of the condition;

(3) the explanation given for the death is at
variance with the nature of the death; or

(4) circumstances indicate that the condition
or death may not be the product of an accidental occurrence;

[
J.
]
K.
"relative" means a person related to
another person by birth, adoption or marriage within the fifth
degree of consanguinity;

[
K.
]
L.
"sexual abuse" includes criminal sexual
contact, incest or criminal sexual penetration, as those acts
are defined by state law;

[
L.
]
M.
"sexual exploitation" includes:

(1) allowing, permitting or encouraging a
child to engage in prostitution;

(2) allowing, permitting, encouraging or
engaging a child in obscene or pornographic photographing; or

(3) filming or depicting a child for obscene
or pornographic commercial purposes, as those acts are defined
by state law;

[
M.
]
N.
"sibling" means a brother or sister having
one or both parents in common by birth or adoption;

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

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

[
P.
]
Q.
"transition plan" means an individualized
written plan 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 plan
shall also include responsibilities of the child, and any other
party as appropriate, to enable the child to be self-sufficient
upon emancipation."

SECTION 6.
Section 32A-4-3 NMSA 1978 (being Laws 1993,
Chapter 77, Section 97, as amended) is amended to read:

"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--
DEPARTMENT
ASSESSMENTS OF CERTAIN PLANS 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
country.

B. A law enforcement agency receiving the report
shall immediately transmit the facts of the report and the
name, address and phone number of the reporter by telephone to
the department and shall transmit the same information in
writing within forty-eight hours. The department shall
immediately transmit the facts of the report and the name,
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 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
abuse or 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 administratively
connected to the department, the report 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.

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.
Unless a toxicology screen of a newborn is
positive for methamphetamine, fentanyl, cocaine or heroin
, a
finding that a [
pregnant woman is using or abusing drugs made
pursuant to an interview, self-report, clinical observation or
routine toxicology screen
]
newborn was exposed to a substance
other than methamphetamine, fentanyl, cocaine or heroin or is
being affected by substance abuse
shall not alone form a
sufficient basis to report child abuse or neglect to the
department pursuant to Subsection A of this section. [
A
volunteer, contractor or staff of a hospital or freestanding
birthing center shall not make a report based solely on that
finding and shall make a notification pursuant to Subsection H
of this section.
] Nothing in this subsection shall be construed
to prevent a person from reporting to the department a
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.

H. A contractor or staff of a hospital,
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 or a pregnant person who agrees to
creating a plan of safe care, as provided for by department
rule and the Children's Code; and

(2) provide notification to the health care
authority. 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:

(1)
"notification" means informing the health
care authority that a substance-exposed newborn was born and
providing a copy of the plan of safe care that was created for
the [
child
]
newborn
; provided that notification shall comply
with federal guidelines and shall not constitute a report of
child abuse or neglect. The health care authority shall be
responsible for ensuring compliance with federal reporting
requirements related to plans of safe care;

[
J. As used in this section
]
(2)
"school
employee" includes employees of a school district or a public
school;
and

(3) "substance-exposed newborn" means a
newborn who is affected by prenatal exposure to a controlled
substance, including a prescribed or non-prescribed drug, or
alcohol ingested by the newborn's mother while the newborn was
in utero
."

SECTION 7.
A new section of the Abuse and Neglect Act is
enacted to read:

"[
NEW MATERIAL
] TAKING NEWBORNS INTO TEMPORARY PROTECTIVE
CUSTODY.--

A. A newborn who is in a hospital setting shall not
be taken into temporary protective custody without a court
order that includes findings that an emergency situation exists
and that the newborn is seriously endangered. A newborn may be
held in a hospital by a law enforcement officer upon the
recommendation of the health care authority, the department or
a physician, registered nurse, licensed practical nurse or
physician assistant while a court order is being pursued, but
the newborn must be released from temporary protective custody
if the court order is denied.

B. A newborn who is not in a hospital setting shall
not be taken into temporary protective custody for a period of
longer than twenty-four hours without a court order that
includes findings that an emergency situation exists and that
the newborn is seriously endangered.

C. A newborn may be taken into temporary protective
custody without a court order when the newborn is:

(1) identified by a physician, registered
nurse, licensed practical nurse or physician assistant engaged
in the admission, care or treatment of newborns as being
affected by substance abuse or demonstrating withdrawal
symptoms resulting from prenatal drug exposure; or

(2) subject to an environment exposing the
newborn to a laboratory for the unlawful manufacture of
controlled substances.

D. The taking of a newborn into temporary custody
in accordance with this section shall not be deemed an arrest
of the newborn, nor shall it be an event that results in the
creation of any law enforcement report or record."

SECTION 8.
EMERGENCY.--It is necessary for the public
peace, health and safety that this act take effect immediately.

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