CHILDREN, YOUTH AND FAMILIES COMMISSION

HB0086

HOUSE BILL 86

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

INTRODUCED BY

Eleanor Chávez

AN ACT

RELATING TO CHILD WELFARE; CREATING THE CHILDREN, YOUTH AND
FAMILIES COMMISSION; PROVIDING FOR APPOINTMENTS; PROVIDING FOR
A SUPERINTENDENT OF CHILDREN, YOUTH AND FAMILIES; PROVIDING
POWERS AND DUTIES; AMENDING, REPEALING, ENACTING AND
RECOMPILING SECTIONS OF THE NMSA 1978; PROVIDING A CONTINGENT
EFFECTIVE DATE.

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

SECTION 1.
Section 32A-1-4 NMSA 1978 (being Laws 1993,
Chapter 77, Section 13, as amended) is amended to read:

"32A-1-4. DEFINITIONS.--As used in the Children's Code:

A. "active efforts" means efforts that are
affirmative, active, thorough and timely and that represent a
higher standard of conduct than reasonable efforts;

B. "adult" means a person who is eighteen years of
age or older;

C. "child" means a person who is less than eighteen
years old;

[
D. "council" means the substitute care advisory
council established pursuant to Section 32A-8-4 NMSA 1978;
]

D. "commission" means the children, youth and
families commission;

E. "court", when used without further
qualification, means the children's court division of the
district court and includes the judge, special master or
commissioner [
appointed pursuant to the provisions of the
Children's Code or supreme court rule
];

F. "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. "custodian" means an adult with whom the child
lives who is not a parent or guardian of the child;

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

I. "disproportionate minority contact" means the
involvement of a racial or ethnic group with the criminal or
juvenile justice system at a proportion either higher or lower
than that group's proportion in the general population;

J. "federal Indian Child Welfare Act of 1978" means
the federal Indian Child Welfare Act of 1978, as that act may
be amended or its sections renumbered;

K. "foster parent" means a person, including a
relative of the child, licensed or certified by the department
or a child placement agency to provide care for children in the
custody of the department or agency;

L. "guardian" means a person appointed as a
guardian by a court or Indian tribal authority;

M. "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 that no party or
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:

(1) a member of an Indian tribe; or

(2) eligible for membership in an Indian
tribe;

O. "Indian child" means an Indian person, or a
person whom there is reason to know is an Indian person, under
eighteen years of age, who is [
neither
]
not
:

(1) married; or

(2) emancipated;

P. "Indian child's tribe" means:

(1) the Indian tribe in which an Indian child
is a member or eligible for membership; or

(2) in the case of an Indian child who is a
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:

(1) is an adult with legal custody of an
Indian child; or

(2) has been transferred temporary physical
care, custody and control by the parent of the Indian child;

R. "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
United States
secretary
of the interior
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 43 U.S.C. Section 1606. For the purposes of
notification to and communication with a tribe as required in
the Indian Family Protection Act, "Indian tribe" also includes
those tribal officials and staff who are responsible for child
welfare and social services matters;

S. "judge", when used without further
qualification, means the judge of the court;

T. "legal custody" means a legal status created by
order of the court or other court of 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 and duty to protect, train and discipline the
child and to provide the child with food, shelter, personal
care, education and ordinary and emergency medical care; 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 Disabilities Act; and the right
to consent to the child's enlistment in the armed forces of the
United States;

U. "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. "parent" or "parents" means a biological or
adoptive parent 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;

W. "permanency plan" means a determination by the
court that the child's interest will be served best by:

(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;

(3) placement with a person who will be the
child's permanent guardian;

(4) placement in the legal custody of the
department with the child placed in the home of a fit and
willing relative; or

(5) placement in the legal custody of the
department under a planned permanent living arrangement;

[
X. "person" means an individual or any other form
of entity recognized by law;

Y.
]
X.
"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 support to a pregnant
person with
a
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.
]
Y.
"preadoptive parent" means a person with
whom a child has been placed for adoption;

[
AA.
]
Z.
"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.
]
AA.
"relative" means a person related to
another person:

(1) by blood within the fifth degree of
consanguinity or through marriage by the fifth degree of
affinity; or

(2) with respect to an Indian child, as
established or defined by the Indian child's tribe's custom or
law;

[
CC.
]
BB.
"reservation" means:

(1) "Indian country" as defined in 18 U.S.C.
Section 1151;

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

(3) any lands held by an Indian tribe or
individual subject to a restriction by the United States
against alienation;

[
DD.
]
CC.
"reunification" means either a return of
the child to the parent or to the home from which the child was
removed or a return to the noncustodial parent;

[
EE. "secretary" means the United States secretary
of the interior;
]

DD. "superintendent" means the superintendent of
children, youth and families;

[
FF.
]
EE.
"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.
]
FF.
"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; and

[
HH.
]
GG.
"tribunal" means any judicial forum other
than the court."

SECTION 2.
A new section of the Children's Code, Section
32A-1A-1 NMSA 1978, is enacted to read:

"32A-1A-1. [
NEW MATERIAL
] SHORT TITLE.--Chapter 32A,
Article 1A NMSA 1978 may be cited as the "Children, Youth and
Families Department Act"."

SECTION 3.
A new section of the Children's Code, Section
32A-1A-2 NMSA 1978, is enacted to read:

"32A-1A-2. [
NEW MATERIAL
] CHILDREN, YOUTH AND FAMILIES
COMMISSION.--

A. The "children, youth and families commission" is
created to establish operational policy in compliance with law
and generally direct the operations of the department.

B. The commission consists of three members, one
each appointed by the governor, the speaker of the house of
representatives and the president pro tempore of the senate.
No more than two members shall be from the same political
party. The terms of members shall be for six years staggered;
provided that the initial term for the member appointed by the
governor shall be two years, for the member appointed by the
speaker of the house of representatives shall be four years and
for the member appointed by the president pro tempore of the
senate shall be six years. Members shall be appointed by July
1, 2027, and the full transition from cabinet department to
independent adjunct agency shall occur by January 1, 2028. A
vacancy on the commission shall be filled by appointment by the
original appointing authority.

C. A member may be removed for malfeasance,
misfeasance or neglect of duty, and the supreme court has
exclusive original jurisdiction for the removal of a member.

D. The members shall elect a chair. A majority of
the members shall constitute a quorum for the transaction of
business.

E. The commission shall meet monthly to conduct
business, including receiving reports from the superintendent,
approving proposed rules and hearing testimony or comments from
the public. Meetings may be held in Santa Fe or elsewhere in
the state and shall be available to the public in person and
online.

F. Candidates for appointment shall be qualified by
education; at least ten years' experience in social work, child
psychology, behavioral health, juvenile justice, child welfare
law or a similar field; and experience in successfully
administering large social welfare agencies or provider
organizations. A candidate or member shall not have any direct
or indirect financial interest in any provider or other person
that contracts with the department and shall not be related to
the third degree of consanguinity or affinity to exempt
employees of the department."

SECTION 4.
A new section of the Children's Code, Section
32A-1A-3 NMSA 1978, is enacted to read:

"32A-1A-3. [
NEW MATERIAL
] COMMISSION--GENERAL POWERS AND
DUTIES.--

A. The commission may:

(1) adopt reasonable procedural rules proposed
by the department or on the commission's own motion to
implement the laws for which the commission and the department
are charged;

(2) take administrative action by issuing
orders and instructions not inconsistent with law to ensure
implementation of and compliance with the provisions of law for
which the commission or department is responsible and to have
the department enforce those orders and instructions by
appropriate administrative action in court;

(3) delegate authority to the superintendent
as the commission deems necessary and appropriate, clearly
delineating the delegated authority and the limitations to that
delegation; provided that the commission shall not delegate
final policy or appeal matters;

(4) sue and be sued;

(5) approve grants, gifts and donations to the
commission or the department; and

(6) take testimony from a person during
commission meetings and investigate or refer any issues brought
to the commission's attention.

B. The commission shall:

(1) exercise general supervisory authority
over the department;

(2) appoint the superintendent of the
department and approve the appointment of exempt employees of
the department;

(3) approve organizational changes that will
enable the department to function more efficiently,
economically and effectively, subject to provisions of law
requiring or establishing specific organizational units;

(4) approve the department's budgets and fix
the compensation of department employees by adoption of a
personnel classification and compensation plan; provided that
the commission shall approve the classification and
compensation of exempt employees;

(5) approve contracts over a monetary limit
established by the commission;

(6) meet monthly to receive reports from the
superintendent, take final action on rules and hear from the
public; and

(7) do such other things as necessary and
allowable under the law to carry out the purposes of the
Children's Code."

SECTION 5.
A new section of the Children's Code, Section
32A-1A-4 NMSA 1978, is enacted to read:

"32A-1A-4. [
NEW MATERIAL
] DEPARTMENT CREATED--ORGANIZATION.--

A. The "children, youth and families department" is
created as an adjunct agency of the executive branch.

B. The department consists of:

(1) the office of the superintendent,
including:

(a) the chief counsel and other
department attorneys;

(b) the quality assurance bureau; and

(c) the tribal affairs bureau;

(2) the administrative services division,
including:

(a) the budget bureau;

(b) the employee support bureau;

(c) the human resources bureau;

(d) the information technology bureau;
and

(e) procurement and contracts
management;

(3) the child and family welfare division,
including:

(a) the foster care bureau;
and

(b) the protective services bureau; and

(4) the juvenile justice division, including:

(a) the corrections and rehabilitation
bureau; and

(b) the juvenile probation bureau.

C. The superintendent may appoint, with the
approval of the commission, "directors" of such divisions as
are established within the department. A director is exempt
from the Personnel Act.

D.
The superintendent may establish within each
division such "bureaus" as the superintendent deems necessary
to carry out the provisions of the Children's Code or other
laws for which the department is responsible. The
superintendent shall employ a "chief" to be the administrative
head of a bureau. The chief and all subsidiary employees of
the department shall be covered by the provisions of the
Personnel Act.

E. The superintendent, with the approval of the
commission, may organize the department and the divisions
specified in Subsection B of this section and may transfer or
merge functions between divisions in the interest of
efficiency, economy and effectiveness. Any reorganization that
changes the subdivisions of the department shall be reported to
the legislature through the legislative council service.

F. The organizational units of the department and
the officers of those units specified by law shall have all of
the powers and duties enumerated in the specific laws involved.
However, the carrying out of those powers and duties shall be
subject to the direction and supervision of the superintendent,
who shall retain the final decision-making authority and
responsibility for the administration of such powers and
duties.

G. The department shall have access to all records,
data and information of other state departments that are not
specifically held confidential by law."

SECTION 6.
A new section of the Children's Code, Section
32A-1A-5 NMSA 1978, is enacted to read:

"32A-1A-5. [
NEW MATERIAL
] SUPERINTENDENT--QUALIFICATIONS--APPOINTMENT--POWERS AND DUTIES.--

A. The "superintendent of children, youth and
families" is the head of the department and is responsible to
the commission for the operation of the department. It is the
duty of the superintendent to manage all operations of the
department under the general supervision of the commission and
to administer and enforce the laws with which the department or
the superintendent is charged.

B. The superintendent shall be appointed without
reference or regard to party affiliation and solely on the
ground of fitness to perform the duties of the office.
Candidates shall be qualified by education and at least seven
years' experience in a child welfare or juvenile justice field,
including administration of child welfare or juvenile justice
programs. The superintendent serves at the pleasure of the
commission.

C. To perform the duties of office, the
superintendent shall have every power expressly enumerated in
the law, whether granted to the superintendent, the department
or any subdivision of the department, except when the
subdivision is explicitly exempted from the power of the
superintendent by statute. In accordance with these
provisions, the superintendent shall:

(1) delegate power to subordinates as deemed
necessary and appropriate, clearly delineating the delegated
power and the limitations to that power;

(2) within the limitations of appropriations,
employ and fix the compensation of professional, technical,
clerical and stenographic assistants as provided in the
Personnel Act; provided that a candidate for an exempt position
shall be approved by the commission; and provided further that
personnel classification and compensation shall be pursuant to
the adopted plan of the commission;

(3) propose to the commission any
organizational changes as necessary to enable the department to
function more efficiently, economically and effectively;

(4) conduct research and studies that will
improve the operation of the department and the provision of
services to the children, youth and families of New Mexico;

(5) provide professional development and
practical training for employees and other persons involved in
the provision of services to the department or the department's
clients, foster families, guardians, custodians and any other
persons that the department deems appropriate;

(6) prepare a proposed budget and an annual
budget for the department for approval by the commission;

(7) provide cooperation and assistance at the
request of agencies administratively attached to the
department, other departments of the executive branch, the
legislature and the judiciary to:

(a) minimize or eliminate duplication of
services and jurisdictional conflicts;

(b) coordinate activities and resolve
problems of mutual concern; and

(c) resolve by agreement the manner and
extent to which the department shall provide budgeting,
recordkeeping and related clerical assistance to
administratively attached agencies;

(8) apply for and receive, with the
commission's approval, any public or private funds, including
federal funds, private grants, gifts and donations, available
to the department to carry out the department's duties,
programs and services;

(9) draft proposed rules to implement state or
federal law for commission approval; and

(10) provide a monthly procurement and
contract report to the commission, including contracts, small
purchases and purchase orders as determined by the commission;
provided that procurements and contracts over the amount
specified in the Procurement Code as small purchases or
purchase orders shall be approved by the commission."

SECTION 7.
A new section of the Children's Code, Section
32A-1A-6 NMSA 1978, is enacted to read:

"32A-1A-6. [
NEW MATERIAL
] DEPARTMENT--ADDITIONAL
DUTIES.--In addition to other duties provided by law or
assigned to the department by the commission, the department
shall, in consultation with the commission:

A. develop priorities for department services and
resources based on state policy, national best-practice
standards and local considerations and priorities;

B. strengthen collaboration and coordination in
state and local services for children, youth and families by
integrating critical functions as appropriate, including
service delivery, and contracting for services across
department divisions and related agencies;

C. develop and maintain a statewide database,
including client tracking of services for children, youth and
families;

D. develop standards of service within the
department that focus on prevention, monitoring and outcomes;

E. analyze policies of other departments that
affect children, youth and families to encourage common
contracting procedures, common service definitions and a
uniform system of access;

F. propose rules for commission adoption to control
disposition and placement of children under the Children's
Code, including rules to limit or prohibit the out-of-state
placement of children, including those who have developmental
disabilities or emotional, neurobiological or behavioral
disorders, when in-state alternatives are available;

G. assume and implement responsibility for
children's mental health and substance abuse services in the
state, coordinating with the health care authority, the early
childhood education and care department and the department of
health;

H. assume and implement the lead responsibility
among all departments for domestic violence services;

I. implement prevention and early intervention as a
departmental focus;

J. conduct biennial assessments of service gaps and
needs and establish outcome measurements to address those
service gaps and needs, including recommendations from the
children's cabinet;

K. ensure that behavioral health services provided,
including mental health and substance abuse services for
children, adolescents and their families, shall be in
compliance with statutory requirements;

L. develop and implement the families first
strategic plan for the delivery of services and access to
programs as required pursuant to the Families First Act; and

M. fingerprint and conduct statewide and nationwide
criminal history record searches on all department employees
and volunteers whose jobs involve unsupervised contact with
department clients, including prospective employees and
volunteers and employees who are promoted, transferred or hired
into new positions that involve unsupervised contact with
department clients."

SECTION 8.
Section 32A-19-1 NMSA 1978 (being Laws 1993,
Chapter 77, Section 228, as amended) is recompiled as Section
32A-1A-7 NMSA 1978 and is amended to read:

"32A-1A-7. QUALITY ASSURANCE [
OFFICE
]
BUREAU
.--

A. The department shall maintain a quality
assurance [
office under
]
bureau in
the office of the
[
secretary
]
superintendent
.

B. The purpose of the quality assurance [
office
shall be
]
bureau is

to facilitate department efforts to
efficiently implement the purposes of the Children's Code.

C. In order to measure the quality of services
provided, to facilitate satisfactory outcomes for children and
families that receive services and to provide a continuing
opportunity to improve service delivery, the quality assurance
[
office
]
bureau
shall:

(1) monitor the system for receiving and
resolving complaints and grievances;

(2) perform periodic investigations and
evaluations to assure compliance with the Children's Code and
other applicable state and federal laws,
rules
and regulations;

(3) facilitate monitoring of indicators of the
department's performance to determine whether the department
is:

(a) providing children and families with
individualized, needs-based service plans;

(b) providing services in a timely
manner; and

(c) in compliance with applicable state
and federal laws,
rules
and regulations;

(4) identify any deficiencies and recommend
corrective action to the [
secretary of the department
]

superintendent
;

(5) have access to any records maintained by
the department, including confidential information; and

(6) promote continuous improvement of all
department processes serving children and families.

D. The quality assurance [
office
]
bureau
shall
contribute to and facilitate the publication of public reports
assessing the performance of the department. The reports shall
not disclose the identity of any [
individual
]
person
mentioned
in the report, including children or families that receive or
are eligible for services or any department employee."

SECTION 9.
A new section of the Children's Code, Section
32A-1A-8 NMSA 1978, is enacted to read:

"32A-1A-8. [
NEW MATERIAL
] STAFF PROFESSIONAL OR
OCCUPATIONAL LICENSURE.--The department shall ensure that
employees of the department whose job titles or job
descriptions require state or national licensure maintain those
licenses in good standing. The superintendent may dismiss,
suspend or reassign an employee who fails to maintain a
required license in good standing. The employee may appeal a
dismissal, suspension or reassignment pursuant to this section
to the commission."

SECTION 10.
A new section of the Children's Code, Section
32A-1A-9 NMSA 1978, is enacted to read:

"32A-1A-9. [
NEW MATERIAL
] PROHIBITION ON EMPLOYMENT FOR
PERSONS WITH SUBSTANTIATED ALLEGATIONS OF CHILD ABUSE OR
NEGLECT--PROHIBITION ON CONVICTED FELONS--DISCIPLINARY ACTION--CONFIDENTIALITY OF ABUSE AND NEGLECT RECORDS.--

A. An employee or volunteer of the department,
including a prospective employee, having direct unsupervised
contact with department clients or the superiors of any such
employee or volunteer shall not have been the subject of a
substantiated allegation of child abuse or neglect unless the
court, prior to or at a permanency review hearing, dismissed
the case and returned custody to the employee or volunteer.

B. An employee or volunteer of the department who
has direct unsupervised contact with department clients, or the
superiors of the employee or volunteer, shall not have been
convicted of a felony offense that is directly related to the
job duties of the employee or volunteer by a court of this
state, any other state or the United States.

C. An employee subject to the Personnel Act who has
been the subject of a substantiated allegation of abuse or
neglect as investigated and determined by the department may be
subject to increased supervision or disciplinary action
pursuant to the Personnel Act. Upon appeal of a disciplinary
action to the personnel board pursuant to this section, the
personnel board shall defer to the record of the administrative
hearing affirming a substantiated allegation of abuse or
neglect, if one exists, in determining whether the action taken
by the agency was with just cause.

D. An employee of the department subject to
dismissal under this section shall have no right to progressive
discipline as a condition precedent to discipline under this
section.

E. In an appeal of an employee to the personnel
board pursuant to the Personnel Act, records that are otherwise
confidential pursuant to the Abuse and Neglect Act shall be
discoverable by the parties and admissible as to any relevant
fact; provided that any identifying information related to the
reporting party or any other party providing information and
information that the department finds would be likely to
endanger the life or safety of any person providing information
to the department may be redacted."

SECTION 11.
A new section of the Children's Code, Section
32A-1A-10 NMSA 1978, is enacted to read:

"32A-1A-10. [
NEW MATERIAL
] JUVENILE JUSTICE--CORRECTIONAL
OFFICERS--QUALIFICATIONS--ACTING AS PEACE OFFICERS.--

A. Department correctional officers shall:

(1) be citizens of the United States;

(2) be eighteen years of age or older;

(3) possess a high school education or its
equivalent;

(4) not have been convicted of a felony
offense by a court of this state, any other state or the United
States; and

(5) successfully pass a physical examination
and an aptitude examination administered by the department.

B. The department's correctional officers who have
completed an appropriate American correction association
training course and who have at the particular time the
principal duty to hold in custody or supervise any person
accused or convicted of a delinquent act or criminal offense
shall have the power of a peace officer with respect to arrests
and enforcement of laws when:

(1) on the premises of a department facility
or while transporting a person committed to or under the
supervision of the department;

(2) supervising a child or youth committed to
or under the supervision of the department anywhere within the
state; or

(3) engaged in any effort to pursue or
apprehend a child or youth committed to or under the
supervision of the department anywhere in the state.

C. A department correctional officer shall not be
convicted or held liable for any act performed pursuant to this
section if a law enforcement officer could lawfully have
performed the same act in the same circumstances.

D. Crimes against a department correctional officer
while in the lawful discharge of the officer's duties that
confer peace officer status pursuant to this section shall be
deemed the same crimes and shall bear the same penalties as
crimes against a law enforcement officer."

SECTION 12.
A new section of the Children's Code, Section
32A-1A-11 NMSA 1978, is enacted to read:

"32A-1A-11. [
NEW MATERIAL
] JUVENILE JUSTICE PROGRAMS--LEGISLATIVE FINDINGS--FEDERAL GRANTS--ADVISORY COMMITTEE
PURSUANT TO FEDERAL ACT--SUPERVISORY FUNCTION.--

A. The legislature finds that pursuant to the
federal Juvenile Justice and Delinquency Prevention Act of
1974, federal regulations and state law, the juvenile justice
advisory committee is required to be given explicit power to
continue to fulfill its duties in administering the federal
funds made available to the state if that funding is to
continue.

B. The juvenile justice advisory committee
appointed pursuant to the federal Juvenile Justice and
Delinquency Prevention Act of 1974 shall be advisory to the
department, except the committee shall serve as the
"supervisory board" under that act and any applicable federal
regulations.

C. The juvenile justice advisory committee shall
have policymaking, planning and review powers over only the
following functions pursuant to the federal Juvenile Justice
and Delinquency Prevention Act of 1974:

(1) in conjunction with the commission,
approval of a comprehensive state plan and modifications
reflecting statewide goals, objectives and priorities for the
expenditure of federal funds received under that act;

(2) approval or disapproval of applications or
amendments submitted by eligible entities pursuant to that act;

(3) in conjunction with the department,
assurance that fund accounting, auditing and evaluation of
programs and projects funded pursuant to that act comply with
federal requirements and state law;

(4) in conjunction with the department,
receipt and review of annual reports from adult jails and
lockups regarding compliance with federal requirements that
apply when a juvenile is temporarily held in an adult jail or
lockup. The juvenile justice advisory committee and the
department shall determine the format of the annual reports;

(5) assistance to the governor, the
legislature and entities created or funded pursuant to that act
in developing new or improved approaches, policies or
legislation designed to improve juvenile justice in New Mexico;
and

(6) provision of technical assistance by the
department to eligible entities pursuant to that act.

D. All budgetary, evaluation, monitoring and grants
administration functions required pursuant to the federal
Juvenile Justice and Delinquency Prevention Act of 1974 shall
be carried out by the department."

SECTION 13.
A new section of the Children's Code, Section
32A-1A-12 NMSA 1978, is enacted to read:

"32A-1A-12. [
NEW MATERIAL
]
JUVENILE CONTINUUM GRANT
FUND--CREATED--PURPOSE--ADMINISTRATION--GRANT APPLICATIONS.--

A. The "juvenile continuum grant fund" is created
as a nonreverting fund in the state treasury.
The fund shall
be administered by the department and shall consist of
appropriations, gifts, grants, donations and bequests made to
the fund.

B. Money in the juvenile continuum grant fund is
subject to appropriation by the legislature to the department
for awarding grants to juvenile justice continuums for the
provision of cost-effective services and temporary, nonsecure
alternatives to detention for juveniles arrested or referred to
juvenile probation and parole or at a risk of such referral.

C. A local or tribal government may apply for a
grant from the juvenile continuum grant fund for a juvenile
justice continuum within the local or tribal government's
jurisdiction. The amount of the grant application shall not
exceed sixty percent of the annual cost of the continuum. A
local match of forty percent may consist of money, land,
equipment or in-kind services.

D. The commission shall adopt rules on
qualifications for grants and specify the format, procedure and
deadlines for grant applications. The juvenile justice
advisory committee shall review all grant applications and
submit those applications recommended for final approval to the
department.

E. Disbursements from the juvenile continuum grant
fund shall be made upon vouchers issued and signed by the
superintendent or the superintendent's authorized
representative upon warrants drawn by the secretary of finance
and administration.

F. As used in this section, a "juvenile justice
continuum" is a system of services and sanctions for juveniles
arrested or referred to juvenile probation and parole or at
risk of such referral and consists of a formal partnership
among one or more units of local or tribal government, the
children's court, the district attorney, the public defender,
local law enforcement agencies, the public schools and other
entities such as private nonprofit organizations, the business
community and religious organizations. A juvenile justice
continuum shall be established through a memorandum of
understanding and a continuum board."

SECTION 14.
A new section of the Children's Code, Section
32A-1A-13 NMSA 1978, is enacted to read:

"32A-1A-13. [
NEW MATERIAL
] ELECTRONIC RECORDS--RETENTION.--

A. Employees of the department shall not erase data
from the electronic devices issued by the department to
employees for communication related to the performance of
duties within the scope of their employment by the department.

B. Electronic devices issued by the department to
employees shall only include software and applications that are
compliant with federal data retention and protection laws.

C. The department shall implement a system,
approved by the department of information technology, that will
back up on a daily basis all electronic records generated or
received by employees of the department related to the
performance of the employees' duties within the scope of the
employees' employment by the department.

D. During the term of an employee's employment by
the department, and for a period of at least seven years after
the termination of an employee's employment by the department,
the department shall retain all electronic records stored on
electronic devices used by department employees and all
electronic records that have been backed up from electronic
devices used by department employees. The department shall
back up the retained electronic records daily, monthly and
annually.

E. As used in this section:

(1) "back up" means to electronically copy in
a recoverable format to a searchable database maintained by the
department all electronic records generated by or contained
within an electronic device;

(2) "electronic device" means a telephone,
tablet, computer, watch or similar device used to generate,
store or transfer information; and

(3) "electronic records" means information
generated by, transmitted by or stored on an electronic device,
including electronic mail, voicemail, text and instant
messages, documents and photographs, regardless of the platform
being used, including interagency communications."

SECTION 15.
Section 32A-22-2 NMSA 1978 (being Laws 2005,
Chapter 64, Section 2, as amended) is amended to read:

"32A-22-2. CHILDREN'S CABINET CREATED.--

A. The "children's cabinet" is created and is
administratively attached to the office of the governor. The
children's cabinet shall meet at least six times each year.

B. The children's cabinet consists of:

(1) the governor;

(2) the lieutenant governor;

(3) the [
secretary
]
superintendent
of
children, youth and families;

(4) the secretary of early childhood education
and care;

(5) the secretary of corrections;

(6) the secretary of [
human services
]
health
care authority
;

(7) the secretary of workforce solutions;

(8) the secretary of health;

(9) the secretary of finance and
administration;

(10) the secretary of economic development;

(11) the secretary of public safety;

(12) the secretary of aging and long-term
services;

(13) the secretary of Indian affairs; and

(14) the secretary of public education.

C. Each year, the governor shall select a person to
serve as chair of the cabinet."

SECTION 16.
TEMPORARY PROVISION--TRANSITION AND
IMPLEMENTATION.--The children, youth and families commission
shall take office on July 1, 2027 and shall assist in the
transition of the children, youth and families department from
cabinet department to adjunct agency. During the transition,
the commission may advertise for and interview superintendent
of children, youth and families candidates preparatory to
appointment and qualification on or after January 1, 2028.

SECTION 17.
RECOMPILATION.--Sections 9-2A-21, 9-2A-22 and
9-2A-24 NMSA 1978 (being Laws 2003, Chapter 324, Sections 3 and
4 and Laws 2010, Chapter 86, Section 1, as amended) are
recompiled as Sections 32A-1A-14 through 32A-1A-16 NMSA 1978.

SECTION 18.
REPEAL.--Sections 9-2A-1 through 9-2A-20,
9-2A-23 and 9-2A-25 NMSA 1978 (being Laws 1992, Chapter 57,
Sections 1 through 4 and 6 through 8; Laws 2005, Chapter 271,
Section 2; Laws 2011, Chapter 163, Section 1; Laws 1992,
Chapter 57, Sections 9 through 12 and 14; Laws 2007, Chapter
351, Section 1; Laws 1992, Chapter 57, Sections 15 and 16; Laws
1993, Chapter 120, Section 1; Laws 1997, Chapter 110, Section
1; Laws 2003, Chapter 324, Sections 1 and 2; Laws 2007, Chapter
65, Section 2; and Laws 2025, Chapter 156, Section 2, as
amended) are repealed.

SECTION 19.
CONTINGENT EFFECTIVE DATE.--If the secretary
of state certifies that the constitution of New Mexico has been
amended as proposed by a joint resolution of the second session
of the fifty-seventh legislature entitled "PROPOSING AN
AMENDMENT TO THE CONSTITUTION OF NEW MEXICO BY ADDING A NEW
SECTION TO ARTICLE 5 TO PROVIDE FOR THE CREATION OF THE
CHILDREN, YOUTH AND FAMILIES COMMISSION TO MAKE POLICY FOR AND
DIRECT THE OPERATIONS OF A STATE AGENCY OF THE EXECUTIVE BRANCH
RESPONSIBLE FOR CHILD WELFARE AS PROVIDED BY LAW.", the
effective date of the provisions of:

A. Sections 1 through 15, 17 and 18 of this act is
January 1, 2028; and

B. Section 16 of this act is July 1, 2027.

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