RELINQUISHMENT OF INFANTS AT SAFE HAVEN BOXES

SB0206

SENATE BILL 206

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

INTRODUCED BY

David M. Gallegos
and
Rex Wilson
and
William E. Sharer

and
Gabriel Ramos
and
Jay C. Block

AN ACT

RELATING TO CHILDREN; ALLOWING A PARENT TO RELINQUISH AN INFANT
IN A SAFE HAVEN BABY BOX LOCATED AT A SAFE HAVEN SITE;
PROVIDING THAT REUNIFICATION OF AN INFANT RELINQUISHED AT A
SAFE HAVEN SITE AND THE INFANT'S PARENTS SHALL NOT BE REQUIRED
UNDER CERTAIN CIRCUMSTANCES; REQUIRING THE CHILDREN, YOUTH AND
FAMILIES DEPARTMENT TO FILE A MOTION TO TERMINATE PARENTAL
RIGHTS IF THE PARENTS OF AN INFANT RELINQUISHED AT A SAFE HAVEN
SITE DO NOT CONTACT THE DEPARTMENT WITHIN A SPECIFIED TIME
PERIOD; PRESCRIBING GUIDELINES FOR PERMANENCY PLANS OF AN
INFANT RELINQUISHED AT A SAFE HAVEN SITE; PROVIDING IMMUNITY
FOR SAFE HAVEN SITES THAT INSTALL SAFE HAVEN BABY BOXES;
AMENDING THE ABUSE AND NEGLECT ACT.

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

SECTION 1.
Section 24-22-2 NMSA 1978 (being Laws 2001,
Chapter 31, Section 2 and Laws 2001, Chapter 132, Section 2, as
amended) is amended to read:

"24-22-2. DEFINITIONS.--As used in the Safe Haven for
Infants Act:

A. "fire station" means a fire station that is
certified by the state fire marshal's office;

B. "hospital" means an acute care general hospital
or health care clinic licensed by the state;

C. "Indian child" means an Indian child as defined
by the federal Indian Child Welfare Act of 1978;

D. "infant" means a child no more than ninety days
old, as determined within a reasonable degree of medical
certainty;

E. "law enforcement agency" means a law enforcement
agency of the state or a political subdivision of the state;

F. "safe haven baby box" means a conspicuously
marked infant safety device used to maintain an optimal
environment for the care of an infant that is located at a safe
haven site and allows a parent to anonymously relinquish the
infant;

[
F.
]
G.
"safe haven site" means a hospital, law
enforcement agency or fire station that has staff on site at
the time an infant is [
left
]
relinquished
at such a site; and

[
G.
]
H.
"staff" means an employee, contractor,
agent or volunteer performing services as required and on
behalf of the safe haven site."

SECTION 2.
Section 24-22-3 NMSA 1978 (being Laws 2001,
Chapter 31, Section 3 and Laws 2001, Chapter 132, Section 3, as
amended) is amended to read:

"24-22-3. [
LEAVING
]
RELINQUISHING
AN INFANT.--

A. A [
person may leave an infant with the staff of
a safe haven site
]
parent may relinquish an infant in a safe
haven baby box or with the staff of a safe haven site
without
being subject to criminal prosecution for abandonment or abuse
[
if the infant was born within ninety days of being left at the
safe haven site, as determined within a reasonable degree of
medical certainty, and
] if the infant is [
left
]
relinquished
in
a condition that would not constitute abandonment or abuse of a
child pursuant to Section 30-6-1 NMSA 1978.

B. [
A
] Safe haven site
staff
may ask [
the person
leaving the
]
a parent relinquishing an
infant for the name of
the infant's biological father or biological mother, the
infant's name and the infant's medical history; but the [
person
leaving
]
parent relinquishing
the infant is not required to
provide that information to the safe haven site.

C. Except when there is actual or suspected
abandonment or abuse of a child pursuant to Section 30-6-1 NMSA
1978, a parent who relinquishes an infant pursuant to the Safe
Haven for Infants Act may, at the parent's choice, remain
anonymous and leave the safe haven site at any time and shall
not be pursued by the staff of the safe haven site or by staff
of the children, youth and families department.

[
C.
]
D.
The safe haven site is deemed to have
received consent for medical services provided to an infant
[
left
]
relinquished
at a safe haven site in accordance with the
provisions of the Safe Haven for Infants Act or in accordance
with procedures developed between the children, youth and
families department and the safe haven site."

SECTION 3.
Section 24-22-4 NMSA 1978 (being Laws 2001,
Chapter 31, Section 4 and Laws 2001, Chapter 132, Section 4, as
amended) is amended to read:

"24-22-4. SAFE HAVEN SITE PROCEDURES.--

A. A safe haven site shall accept an infant who is
[
left
]
relinquished in a safe haven baby box or with staff
at
the safe haven site in accordance with the provisions of the
Safe Haven for Infants Act.

B. In conjunction with the children, youth and
families department, a safe haven site shall develop procedures
for appropriate staff to accept and provide necessary medical
services to an infant [
left
]
relinquished
at the safe haven
site and to the [
person leaving
]
parent relinquishing
the
infant at the safe haven site, if necessary.

C. Upon receiving an infant who is [
left
]

relinquished
at a safe haven site in accordance with the
provisions of the Safe Haven for Infants Act, the safe haven
site may provide the [
person leaving
]
parent relinquishing
the
infant with:

(1) information about adoption services,
including the availability of private adoption services;

(2) brochures or telephone numbers for
agencies that provide adoption services or counseling services;
[
and
]

(3) written information regarding whom to
contact at the children, youth and families department if the
parent decides to seek reunification with the infant;
and

(4) written information stating that by
relinquishing the infant at a safe haven site, the parent is
presumed to have abandoned the infant, and unless the parent
contacts the children, youth and families department within
ninety days of relinquishing the infant to a safe haven site,
actions will be taken immediately after the ninety-day period
to terminate the parent's parental rights regarding the infant
without further notice to the parent
.

D. A safe haven site shall ask the [
person leaving
]

parent relinquishing
the infant whether the infant has a parent
who is either a member of an Indian tribe or is eligible for
membership in an Indian tribe, but the [
person leaving
]
parent
relinquishing
the infant is not required to provide that
information to the safe haven site.

E. Immediately after receiving an infant in
accordance with the provisions of the Safe Haven for Infants
Act, a safe haven site shall inform the children, youth and
families department that the infant has been [
left
]

relinquished
at the safe haven site. The safe haven site shall
provide the children, youth and families department with all
available information regarding the child and the parents,
including the identity of the child and the parents, the
location of the parents and the child's medical records."

SECTION 4.
Section 24-22-5 NMSA 1978 (being Laws 2001,
Chapter 31, Section 5 and Laws 2001, Chapter 132, Section 5, as
amended) is amended to read:

"24-22-5. RESPONSIBILITIES OF THE CHILDREN, YOUTH AND
FAMILIES DEPARTMENT.--

A. The children, youth and families department
shall be deemed to have emergency custody of an infant who has
been [
left
]
relinquished
at a safe haven site according to the
provisions of the Safe Haven for Infants Act.

[
B. Upon receiving a report of an infant left at a
safe haven site pursuant to the provisions of the Safe Haven
for Infants Act, the children, youth and families department
shall immediately conduct an investigation, pursuant to the
provisions of the Abuse and Neglect Act.

C.
]
B.
When an infant is taken into custody by the
children, youth and families department, the department shall
make reasonable efforts to determine whether the infant is an
Indian child. If the infant is an Indian child:

(1) the child's tribe shall be notified as
required by Section [
32A-1-14
]
32A-28-5
NMSA 1978 and the
federal Indian Child Welfare Act of 1978; and

(2) pre-adoptive placement and adoptive
placement of the Indian child shall be in accordance with the
provisions of Section 32A-5-5 NMSA 1978 regarding Indian child
placement preferences.

C. It shall be deemed to not be in the infant's
best interest to reunify the infant with the infant's parents,
grandparents or relatives unless the children, youth and
families department is contacted within ninety days of
relinquishing an infant to a safe haven site by the parent of
the infant.

D. Upon receiving a report of an infant
relinquished at a safe haven site pursuant to the provisions of
the Safe Haven for Infants Act, the children, youth and
families department shall immediately conduct an investigation
to determine if the infant was relinquished in a condition that
would not constitute abandonment or abuse of a child pursuant
to Section 30-6-1 NMSA 1978. The children, youth and families
department shall file a petition for custody of the infant as
if the infant were abandoned pursuant to Paragraph (1) of
Subsection B of Section 32A-4-28 NMSA 1978 and shall:

(1) complete service by publication when
filing, taking all necessary steps to ensure the privacy of the
infant's parent;

(2) if a parent of the infant contacts the
department within ninety days, make a reasonable effort to
reunify the infant with the family in accordance with the Abuse
and Neglect Act; or

(3) file a motion to terminate parental rights
of the parent if the parent does not contact the department
within ninety days of the filing of the petition.

[
D.
]
E.
The children, youth and families department
shall perform public outreach functions necessary to educate
the public about the Safe Haven for Infants Act, including
developing literature about that act and distributing it to
safe haven sites.

[
E.
]
F.
An infant [
left
]
relinquished
at a safe
haven site in accordance with the provisions of the Safe Haven
for Infants Act shall presumptively be deemed eligible and
enrolled for medicaid benefits and services."

SECTION 5.
Section 24-22-8 NMSA 1978 (being Laws 2001,
Chapter 31, Section 8 and Laws 2001, Chapter 132, Section 8, as
amended) is amended to read:

"24-22-8. IMMUNITY.--A safe haven site,
including a safe
haven site that installs and maintains a safe haven baby box
,
and its staff are immune from criminal liability and civil
liability for accepting an infant in compliance with the
provisions of the Safe Haven for Infants Act but not for
subsequent negligent medical care or treatment of the infant."

SECTION 6.
Section 32A-4-17.1 NMSA 1978 (being Laws 2016,
Chapter 54, Section 3) is amended to read:

"32A-4-17.1. NOTICE TO GRANDPARENTS AND RELATIVES.--

A.
Within thirty days after a child is taken into
custody by law enforcement, or when the department files a
petition seeking legal custody of the child, whichever occurs
first, the department shall exercise due diligence and make
reasonable efforts to identify and provide notice to all
grandparents; all parents of a sibling of the child, when the
parent has legal custody of the sibling; and other adult
relatives of the child, including adult relatives suggested by
the parents, unless such notice would be contrary to the best
interests of the child due to family or domestic violence. The
notice shall:

[
A.
]
(1)
specify that the child has been or is
being removed from the custody of the parent or parents of the
child;

[
B.
]
(2)
explain the options the relative has
under federal, state or other law to participate in the care
and placement of the child, including any options that may be
lost by failing to respond to the notice;

[
C.
]
(3)
describe the requirements for
becoming a foster family home and the additional services and
support that are available for children placed in such a home;
and

[
D.
]
(4)
set out the dates of any currently
scheduled court hearings that involve the child.

B. The requirements of this section shall not apply
to infants relinquished at a safe haven site pursuant to the
Safe Haven for Infants Act.
"

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