STUDY COMMUNITY-BASED FOSTER CARE

SB0231

SENATE BILL 231

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

INTRODUCED BY

Nicole Tobiassen

AN ACT

RELATING TO CHILDREN; REQUIRING THE OFFICE OF CHILD ADVOCATE TO
CONDUCT A STUDY EVERY FIVE YEARS REGARDING COSTS AND
REIMBURSEMENT RATES FOR COMMUNITY-BASED FOSTER CARE PLACEMENTS
AND TREATMENTS AND TO CONDUCT A STUDY EVERY SIX YEARS REGARDING
THE COSTS AND REIMBURSEMENTS ASSOCIATED WITH LEGAL
REPRESENTATION FOR CHILDREN IN THE CUSTODY OF THE CHILDREN,
YOUTH AND FAMILIES DEPARTMENT AS A RESULT OF ABUSE AND NEGLECT
ALLEGATIONS; MAKING AN APPROPRIATION.

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

SECTION 1.
A new section of the Children's Code is
enacted to read:

"[
NEW MATERIAL
] REQUIRED STUDIES--COSTS--REIMBURSEMENT
RATES--COMMUNITY-BASED FOSTER CARE PLACEMENTS--TREATMENTS--LEGAL SERVICES--REPORTS.--

A. Beginning in fiscal year 2027, the office of
child advocate shall:

(1) conduct a study every five fiscal years to
review and evaluate the costs and reimbursement rates for
providing community-based foster care placements and foster
care treatment for children in foster care, including the costs
of:

(a) resources and associated daily
workloads and activities related to volunteer community-based
providers to address the safety and physical and emotional
well-being of a child, parent, guardian or foster parent;

(b) payments to reimburse resource
families for the cost of food, clothing, shelter, daily
supervision, school supplies, personal incidentals and
reasonable travel expenses to meet the needs of a child in that
resource family's care; and

(c) any other applicable costs or
reimbursements as identified by the office; and

(2) conduct a study every six fiscal years to
review and evaluate the costs and reimbursement rates for
providing quality legal representation for children in the
custody of the department as the result of abuse and neglect
allegations. At a minimum, the study should include and
identify:

(a) hourly billed costs;

(b) investigative costs;

(c) psychological, behavioral, medical,
trauma or developmental evaluation or assessment costs;

(d) trial or appeals preparation costs;
and

(e) an estimate of all reimbursable
costs and the respective applicable reimbursement rates.

B. Prior to release, a study required pursuant to
this section shall be redacted as necessary to protect
confidentiality. A study required pursuant to this section
shall be provided to the legislative finance committee, with
the initial study provided no later than December 1, 2026.
Each additional study shall be provided no later than December
1 of the calendar year in which the study is conducted.

C. For the purposes of this section, "resource
family" means a person or entity licensed by the department or
licensed by another state's child welfare agency or a licensed
child placement agency that provides foster care services,
including respite, non-relative, relative or treatment foster
care. "Resource family" includes foster parents as defined by
Subsection K of Section 32A-1-4 NMSA 1978 and preadoptive
parents as defined by Subsection Z of Section 32A-1-4 NMSA
1978."

SECTION 2.
APPROPRIATION.--Two hundred thousand dollars
($200,000) is appropriated from the general fund to the office
of child advocate for expenditure in fiscal year 2027 for the
office to conduct the two studies as provided in Subsection A
of Section 1 of this act. Any unexpended balance remaining at
the end of fiscal year 2027 shall revert to the general fund.

SECTION 3.
EFFECTIVE DATE.--The effective date of the
provisions of this act is July 1, 2026.

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