CYFD CRITICAL INCIDENT INVESTIGATION TEAM

SB0237

SENATE BILL 237

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

INTRODUCED BY

Crystal Brantley

AN ACT

RELATING TO CHILDREN; CREATING THE CRITICAL INCIDENT
INVESTIGATION TEAM WITHIN THE PROTECTIVE SERVICES DIVISION OF
THE CHILDREN, YOUTH AND FAMILIES DEPARTMENT; ESTABLISHING
INVESTIGATION UNITS AND A TEAM COORDINATOR; AMENDING AND
ENACTING SECTIONS OF THE ABUSE AND NEGLECT ACT; PROVIDING FOR
SPECIALIZED INVESTIGATION PROCESSES FOR REPORTS OF CRITICAL
INCIDENTS OR SERIOUS CRITICAL INCIDENTS AT CERTAIN PROGRAMS OR
FACILITIES; REQUIRING REPORTING TO THE OFFICE OF CHILD
ADVOCATE; REQUIRING RULES; MAKING AN APPROPRIATION.

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

SECTION 1.
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
or
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. "critical incident" means any action or inaction
that implicates the well-being or safety of a child in a
placement location;

E. "critical incident investigation team" means the
team within the protective services division of the department
responsible for investigating reports of critical incidents or
serious critical incidents;

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

[
F.
]
H.
"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.
]
I.
"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;

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

[
I.
]
K.
"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;

L. "placement location" means a program or facility
at which the department places a child in the department's
custody, whether or not the program or facility is
administratively connected to the department, receives state or
federal funds or is licensed or certified to serve children,
and includes emergency or temporary placements;

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

N. "serious critical incident" means an allegation
that a child in a placement location is abused or neglected as
provided in:

(1) the Abuse and Neglect Act;

(2) Sections 30-6-1 through 30-6-4 NMSA 1978;

(3) the Sexual Exploitation of Children Act;

(4) Sections 30-9-1 or 30-9-11 through 30-9-13
NMSA 1978; or

(5) rules adopted by the department;

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

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

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

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

[
P.
]
T.
"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 2.
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--
CRITICAL INCIDENT
INVESTIGATION TEAM--LOCAL LAW ENFORCEMENT
.--

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;
provided that if the report alleges
a critical incident or serious critical incident, the report
shall be sent immediately to the critical incident
investigation team, and the team shall collaborate in the
investigation with the local law enforcement officer
. 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.
The critical incident investigation team
, 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. A finding that a pregnant woman is using or
abusing drugs made pursuant to an interview, self-report,
clinical observation or routine toxicology screen 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, "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; 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, "school employee"
includes employees of a school district or a public school."

SECTION 3.
Section 32A-4-4 NMSA 1978 (being Laws 1993,
Chapter 77, Section 98, as amended) is amended to read:

"32A-4-4. COMPLAINTS--REFERRAL--PRELIMINARY INQUIRY.--

A. Reports alleging neglect or abuse shall be
referred to the department, which shall conduct an
investigation to determine the best interests of the child with
regard to any action to be taken. The name and information
regarding the person making the report shall not be disclosed
absent the consent of the informant or a court order.

B.
Unless a report pursuant to Subsection A of this
section is a report of a critical incident or serious critical
incident involving a child in a placement location
, if a report
alleging neglect or abuse meets the criteria established
pursuant to Section 32A-4-4.1 NMSA 1978, the department may
assign the case to the multilevel response system.

C. During the investigation of a report alleging
neglect or abuse, the matter may be referred to another
appropriate agency and conferences may be conducted for the
purpose of effecting adjustments or agreements that will
obviate the necessity for filing a petition. A representative
of the department shall, at the initial time of contact with
the party subject to the investigation, advise the party of the
reports or allegations made, in a manner that is consistent
with laws protecting the rights of the informant. The parties
shall be advised of their basic rights and no party may be
compelled to appear at any conference, to produce any papers or
to visit any place. The investigation shall be completed
within a reasonable period of time from the date the report was
made.

D. After completion of the investigation on a
neglect or abuse report, the department shall either recommend
or refuse to recommend the filing of a petition.

E. When a child is taken into custody, the
department shall file a petition within three days, unless the
provisions of Subsection F of Section 32A-4-7 NMSA 1978 apply,
in which case the petition shall be filed within five days.

F. When the department files a petition, it shall
simultaneously provide to the office of family representation
and advocacy, and if a child is an Indian child, to the child's
Indian nation, tribe or pueblo:

(1) the petition;

(2) the name, telephone numbers and addresses
of each respondent; and

(3) the names, dates of birth and placement
information for each child who is a subject of the petition,
including:

(a) the type of placement; and

(b) the name, telephone number and
address for the person or entity that holds the license for
each child's placement.

G. If a petition is not filed in a timely manner,
the child shall be released to the child's parent, guardian or
custodian."

SECTION 4.
Section 32A-4-4.1 NMSA 1978 (being Laws 2019,
Chapter 137, Section 2, as amended) is amended to read:

"32A-4-4.1. MULTILEVEL RESPONSE SYSTEM.--

A. The department shall establish a multilevel
response system to evaluate and provide services to a child or
the family, relatives, caretakers or guardians of a child with
respect to whom a report alleging neglect or abuse has been
made. The multilevel response system may include an
alternative to investigation upon completion of an evaluation
that may be completed at intake by the department, the results
of which indicate that there is no immediate concern for the
child's safety; provided, however, that an investigation shall
be conducted for any report:

(1) alleging sexual abuse of a child or
serious or imminent harm to a child;

(2) indicating a child fatality;

(3) requiring law enforcement involvement, as
identified pursuant to rules promulgated by the department; or

(4) requiring a specialized assessment or a
traditional investigative approach, as determined pursuant to
rules promulgated by the department.

B. The department may remove a case from the
multilevel response system and conduct an investigation if
imminent danger of serious harm to the child becomes evident.

Unless a case reported is a critical incident or serious
critical incident involving a child in a placement location
,
the department may reassign a case from investigation to the
multilevel response system at the discretion of the department.

C. For each family, including the child who is the
subject of a report to the department and that child's
relatives, caretakers or guardians, that receives services
under the multilevel response system, 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 jeopardizing the
safety or well-being of the child who is the subject of a
report to the department. A family member, relative, caretaker
or guardian may choose to accept or decline any services or
programs offered under the multilevel response system;
provided, however, that if a family member, relative, caretaker
or guardian declines services, the department may choose to
proceed with an investigation.

D. The department shall employ licensed social
workers to provide services to families, relatives, caretakers
or guardians participating in the multilevel response system to
the extent that licensed social workers are available for
employment.

E. The department shall:

(1) provide an annual report of system
implementation and outcomes to the legislative finance
committee, the interim legislative health and human services
committee, the interim legislative committee that studies
courts, corrections and justice and the department of finance
and administration as part of the department's budget
submission;

(2) arrange for an independent evaluation of
the multilevel response system, including examining outcomes
for child safety and well-being and cost-effectiveness;

(3) incorporate the multilevel response system
into the department's quality assurance review process;

(4) develop performance measures, as provided
in the Accountability in Government Act, for the multilevel
response system; and

(5) implement the multilevel response system
statewide no later than July 1, 2027.

F. The department shall promulgate rules to
implement the provisions of this section.

G. As used in this section, "family assessment"
means a comprehensive, evidence-based assessment tool used by
the department to determine the needs of a child and the
child's family, relatives, caretakers or guardians at the time
the department receives a report of child abuse and neglect,
including an assessment of the likelihood of:

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

(2) the child becoming an abused child or a
neglected child; and

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

SECTION 5.
A new section of the Abuse and Neglect Act,
Section 32A-4-4.2 NMSA 1978, is enacted to read:

"32A-4-4.2. [
NEW MATERIAL
] CRITICAL INCIDENT
INVESTIGATION TEAM CREATED--TEAM COORDINATOR--LOCAL CRITICAL
INCIDENT INVESTIGATION UNITS--DUTIES--WRITTEN FINDINGS--REPORTS.--

A. The "critical incident investigation team" is
created within the protective services division of the
department. The team consists of a team coordinator, locally
assigned critical incident investigation units and other
personnel necessary to carry out the duties of the team. The
team is responsible for investigating reports of critical
incidents or serious critical incidents referred to the team by
the department or local law enforcement.

B. The team coordinator shall:

(1) determine the local authority of each
critical incident investigation unit based on the department's
resources, including field offices and access to trained local
law enforcement for collaboration and coordination of
investigations;

(2) handle all aspects of the intake of
reports of critical incidents or serious critical incidents
directed to the critical incident investigation team, including
documentation and recordkeeping, tracking and transparency as
necessary for each report;

(3) immediately assign the appropriate local
critical incident investigation unit to investigate each report
directed to the critical incident investigation team;

(4) assist in an ongoing manner each local
critical incident investigation unit with coordination and
collaboration with local law enforcement as necessary or
appropriate; provided also that the department shall adopt
rules governing coordination with law enforcement to prevent
interference with criminal investigations; and

(5) perform any other duties as required and
assigned by the department.

C. A critical incident investigation unit shall
investigate reports of critical incidents or serious critical
incidents involving children in a placement location located in
the unit's local area of authority as determined and assigned
by the team coordinator. An investigation initiated pursuant
to this section:

(1) shall commence within twenty-four hours of
assignment to the unit;

(2) shall include, as appropriate, interviews
with the alleged victim, witnesses and placement location
staff;

(3) shall include review of incident reports,
including prior incident reports, applicable medical reports
and treatment plans, other relevant records, video or audio
recordings, on-site visits and any history of complaints or
violations at the placement location;

(4) shall include consultations or interviews
with experts such as medical, behavioral health or other
specialists, including department staff as appropriate;

(5) may include additional unannounced or
announced site visits to the placement location to observe the
environment, interview additional staff, review pertinent
records or gather additional information deemed appropriate or
necessary; and

(6) shall be completed within sixty days of
assignment unless the team coordinator documents in writing to
the office of child advocate good cause for an extension.

D.
In conducting an investigation of a critical
incident or serious critical incident involving a child at a
placement location pursuant to this section, the critical
incident investigation unit shall, to the extent allowed under
state or federal law, be provided immediate and unrestricted
access to:

(1) the alleged victim;

(2) placement location administrators and
staff;

(3) the physical premises of the placement
location; and

(4) records relevant to the investigation,
including personnel files, incident reports, video or audio
recordings, medical records, treatment plans and licensing or
contract compliance material.

E. The placement location and its employees shall
cooperate fully with the critical incident investigation unit
and shall not obstruct, interfere with or retaliate against any
person who makes a report, participates in an interview or
otherwise assists the unit.

F. At the initial contact with an alleged
perpetrator, the critical incident investigation unit shall
provide to the alleged perpetrator written notice of the
allegations and a description of the investigative process.

G. Interviews conducted pursuant to an
investigation as provided in this section shall, to the extent
practicable:

(1) be conducted privately;

(2) be documented in an investigation record;
and

(3) include interpreter services when
necessary to facilitate effective communication.

H. If information obtained during an investigation
identifies a new alleged perpetrator or otherwise expands the
allegations, the critical incident investigation unit, in a
separate interview conducted pursuant to this section, shall
provide the identified new alleged perpetrator an opportunity
to respond to the allegation.

I. If the critical incident investigation unit
determines that the alleged victim or another child faces
immediate risk to health or safety, the unit shall implement or
recommend a plan for immediate protective action in
coordination with the department and appropriate authorities.

J. An investigation completed pursuant to
Subsection C of this section shall be fully documented in a
report with written findings and notifications provided to the
office of child advocate. The report shall include:

(1) determinations by the critical incident
investigation unit as to whether:

(a) the allegations of a critical
incident or serious critical incident are substantiated and
established by a preponderance of evidence or are not
established and, when supported by the evidence, include
findings as to each specific alleged perpetrator;

(b) concerns are identified regarding a
caregiver with a placement location or the placement location
as a whole;

(c) a criminal referral is made
regarding the allegations; or

(d) the alleged incident did or did not
occur, and written documentation of those findings; and

(2) notifications by the critical incident
investigation unit to the following parties of the unit's
findings, not to include the investigative materials:

(a) the alleged victim and the alleged
victim's parent, guardian or custodian;

(b) the administrator, director or
similarly titled manager of the placement location where the
alleged incident occurred;

(c) appropriate law enforcement if the
critical incident investigation unit suspects criminal
activity; and

(d) any alleged perpetrator identified
in the report, with notice of the right to request
administrative review of the findings pursuant to rule of the
department.

K. For an allegation investigated pursuant to this
section occurring in a placement location, the department may
restrict new placements in that placement location during the
pendency of the investigation unless the department determines
that continued placements do not pose a risk to child safety.

L. At the conclusion of an investigation involving
a placement location, in its written findings, the critical
incident investigation unit shall, as appropriate, require
corrective actions or monitoring to ensure that the placement
location is compliant with the applicable licensing or contract
requirements.

M. The critical incident investigation unit shall
report any substantiated finding of a critical incident or
serious critical incident to the secretary of children, youth
and families and the secretary of health care authority. The
substantiated findings shall be entered into the abuse and
neglect data system.

N. For an investigation involving a placement
location in Indian country, the department and the critical
incident investigation team shall coordinate the investigation
with the appropriate tribal authorities."

SECTION 6.
TEMPORARY PROVISION--RULES.--The children,

youth and families department shall adopt and promulgate rules
to carry out the provisions of this act no later than September
30, 2026.

SECTION 7.
APPROPRIATION.--Two hundred fifty thousand
dollars ($250,000) is appropriated from the general fund to the
children, youth and families department for expenditure in
fiscal year 2027 to carry out the provisions of this act. Any
unexpended balance remaining at the end of fiscal year 2027
shall revert to the general fund.

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