CREATE CHILD WELFARE AUTHORITY

SB0056

SENATE BILL 56

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

INTRODUCED BY

Michael Padilla

AN ACT

RELATING TO GOVERNMENT REORGANIZATION; CREATING THE CHILD
WELFARE AUTHORITY; CREATING A BOARD OF REGENTS OF THE
AUTHORITY; PROVIDING POWERS AND DUTIES; TRANSFERRING MONEY,
PROPERTY, CONTRACTS AND STATUTORY REFERENCES FROM THE CHILDREN,
YOUTH AND FAMILIES DEPARTMENT TO THE CHILD WELFARE AUTHORITY;
AMENDING, REPEALING, ENACTING AND RECOMPILING SECTIONS OF THE
NMSA 1978.

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. "authority" or "department" means the child
welfare authority;

D. "board of regents" means the governing body of
the authority;

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

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

[
E.
]
G.
"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.
]
H.
"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.
]
I.
"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.
]
J.
"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.
]
K.
"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.
]
L.
"foster parent" means a person, including a
relative of the child, licensed or certified by the
[
department
]
authority
or a child placement agency to provide
care for children in the custody of the [
department
]
authority

or agency;

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

[
M.
]
N.
"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.
]
O.
"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.
]
P.
"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:

(1) married; or

(2) emancipated;

[
P.
]
Q.
"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.
]
R.
"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.
]
S.
"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 secretary
of the United States department 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.
]
T.
"judge", when used without further
qualification, means the judge of the court;

[
T.
]
U.
"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
the
authority or
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.
]
V.
"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.
]
W.
"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.
]
X.
"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
]
authority
with the child placed in the home of a
fit and willing relative; or

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

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

Y. "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. "preadoptive parent" means a person with whom a
child has been placed for adoption;

AA. "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. "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. "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. "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;
]

EE. "state superintendent" means the state
superintendent of child welfare;

FF. "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. "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. "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 "Child Welfare
Authority 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
] PURPOSE OF CHILD WELFARE
AUTHORITY.--The purpose of the authority is to:

A. provide an independent, accredited state agency
governed by a board of regents to administer the state's child
welfare and juvenile justice programs formerly administered by
the children, youth and families department and other child and
family programs assigned to it by law; and

B. cooperate and collaborate with other state
agencies and institutions, judicial agencies and courts, school
districts and local governments to establish a comprehensive,
coordinated and integrated child welfare system."

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
] CHILD WELFARE AUTHORITY
CREATED--BOARD OF REGENTS--MEMBERSHIP--DUTIES.--

A. The "child welfare authority" is created as an
adjunct agency of the executive branch of state government.
The authority shall be governed by the board of regents.

B. The "board of regents" of the authority is
created and consists of seven members appointed by the governor
with the advice and consent of the senate. No more than four
members shall be appointed from the same political party. The
initial appointees shall draw lots for staggered terms and
thereafter shall serve for terms of four years.

C. Regents shall be appointed as follows:

(1) a current or retired children's court or
family court judge;

(2) a licensed foster parent;

(3) a licensed youth behavioral health
specialist;

(4) a juvenile justice professional who has a
graduate degree in juvenile justice or a similar field or who
has at least seven years of juvenile justice experience;

(5) a licensed social worker; and

(6) two public members who have a demonstrated
interest in and knowledge of child welfare or juvenile justice
matters.

D. Regents who are not otherwise reimbursable from
state or local government funds for travel expenses are
entitled to receive per diem and mileage as provided in the Per
Diem and Mileage Act and shall receive no other compensation,
perquisite or allowance.

E. The board of regents shall meet at least
quarterly and may meet at the call of the chair or at the
request of a majority of the regents. A majority of the
regents constitutes a quorum, and a majority of the regents
present at a meeting is needed to take action unless a specific
statute requires an extraordinary vote. The chair may ask the
governor to replace a regent who has three or more unexcused
absences. Vacancies on the board of regents shall be filled by
appointment by the governor for the remainder of the unexpired
term. Members appointed to fill a vacancy are also subject to
senate confirmation.

F. A regent shall recuse on any vote in which the
regent or a member of the regent's family to the fourth degree
of consanguinity or affinity has a financial interest or would
otherwise benefit from the regent's vote.

G. The board of regents shall:

(1) approve the mission, goals and objectives,
policies and procedures of the authority;

(2) appoint the state superintendent with the
advice and consent of the senate who shall lead the authority
as generally directed by the board of regents;

(3) approve the proposed and operating budget
of the authority;

(4) approve proposed authority rules;

(5) select the accrediting agency to accredit
the authority; and

(6) appoint advisory committees."

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
] STATE SUPERINTENDENT--APPOINTMENT--QUALIFICATIONS--DEPUTIES.--

A. The "state superintendent of child welfare"
shall be appointed with the advice and consent of the senate
solely on merit and without regard to political affiliation.
The state superintendent shall serve at the pleasure of the
board of regents and shall be compensated at the same exempt
salary range as a cabinet secretary, depending on education and
experience.

B. The state superintendent shall:

(1) hold a master's or doctoral degree in
social work, psychology, human services, criminal justice or a
similar field with a concentration in child welfare or juvenile
justice or similar concentration; and

(2) have at least five years' experience
administering a large organization that required a working
knowledge of and experience in the child welfare or juvenile
justice systems.

C. The state superintendent may employ
professional, clerical and technical assistants to carry out
the authority's powers and duties and shall employ a "deputy
superintendent for child welfare", who has experience with
child abuse and neglect, family supports, foster care and other
areas of child welfare policy; and a "deputy superintendent for
juvenile justice", who has experience with juvenile justice
policy, programs and facilities."

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
] AUTHORITY--ORGANIZATIONAL
UNITS.--

A. The authority consists of the:

(1) office of the state superintendent, which
includes the:

(a) chief counsel and other attorneys;

(b) quality assurance bureau; and

(c) tribal affairs bureau;

(2) administrative services division, which
includes the:

(a) budget bureau;

(b) human resources bureau;

(c) employee support unit; and

(d) information technology support
bureau;

(3) child and family welfare division, which
includes the:

(a) protective services bureau; and

(b) foster care bureau; and

(4) juvenile justice division, which includes
the:

(a) juvenile probation office; and

(b) corrections and rehabilitation
bureau.

B. With the approval of the board of regents, the
state superintendent shall appoint "directors" of divisions.
Directors shall be exempt from the Personnel Act.

C. The state superintendent shall appoint "chiefs"
to be administrative heads of bureaus. The chief and all
subsidiary employees shall be covered by the provisions of the
Personnel Act.

D. The state superintendent may reorganize the
organizational units of the authority and may transfer and
merge functions between divisions in the interest of efficiency
and economy. The state superintendent shall notify the
legislature of any reorganization that changes the statutory
divisions or bureaus or their functions.

E. Those organizational units of the authority and
the officers of those units specified by law 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 state
superintendent, who shall retain the authority and
responsibility for the administration of any such laws.

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

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
] STATE SUPERINTENDENT--GENERAL
POWERS AND DUTIES.--

A. The state superintendent is responsible to the
board of regents for the operation of the authority. It is the
state superintendent's duty to manage all operations of the
authority under the general direction of the board of regents
and to administer and enforce the laws with which the state
superintendent or the authority is charged.

B. To perform the state superintendent's duties,
the state superintendent has every power expressly enumerated
in the law, whether granted to the state superintendent, the
authority or a division of the authority, except when a
division is explicitly exempted from the state superintendent's
power by statute. In accordance with these provisions, the
state superintendent shall:

(1) except as otherwise provided in the Child
Welfare Authority Act, exercise general supervisory and
appointing power over authority employees, subject to
applicable personnel laws and rules;

(2) delegate power to subordinates as the
state superintendent deems necessary and appropriate, clearly
delineating such delegated power and the limitations to that
power;

(3) within the limitations of available
appropriations and applicable laws, employ and fix the

compensation of those persons necessary to discharge the state
superintendent's powers and duties;

(4) take administrative action by issuing
rules, orders and instructions, not inconsistent with law and
approved by the board of regents, to assure implementation of
and compliance with the provisions of law for which
administration or execution the state superintendent is
responsible and to enforce those rules, orders and instructions
by appropriate administrative action in the courts;

(5) conduct research and studies that will
improve the operation of the authority and the provision of
services to the children and families of the state;

(6) provide courses of instruction and
practical training for employees of the authority and other
persons involved in the administration of programs with the
objectives of improving the operations and efficiency of
administration and of promoting comprehensive, coordinated,
culturally sensitive services that address the whole child;

(7) prepare an annual budget for the authority
for approval of the board of regents before submission to the
state budget division of the department of finance and
administration for final approval;

(8) provide cooperation at the request of
other state agencies to:

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

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

(c) unless otherwise provided by law,
resolve by agreement the manner and extent to which the
authority provides budgeting, recordkeeping and related
clerical assistance to administratively attached agencies;

(9) develop and implement a language access
plan to provide meaningful access to authority programs for
persons of limited English proficiency; and

(10) conduct state and federal criminal
history records checks on employees and other persons who will
have unsupervised contact with minors who are clients or in the
custody of the authority, including applicants for employment,
internships or volunteering; prospective contractors;
prospective foster or adoptive parents and other adults
residing in the prospective foster or adoptive parent's
household; and fictive kin with whom the authority is
considering placing a child. Criminal history records checks
shall be conducted as provided in the New Mexico Children's and
Juvenile Facility and Program Criminal Records Screening Act.

C. The state superintendent may:

(1) apply for and receive, with board of
regents approval, in the name of the authority, public or
private grants, gifts or donations available to the authority
to carry out its programs, duties or services; and

(2) create advisory committees and appoint
their members, which committees shall not remain in existence
for longer than two years or beyond the period required to
receive federal or private funds, whichever occurs later,
without board of regents approval. Advisory members who are
not eligible to be reimbursed for per diem and mileage from any
state or local governmental source are entitled to
reimbursement for those expenses pursuant to the Per Diem and
Mileage Act but shall receive no other compensation, perquisite
or allowance.

D. The authority may adopt, amend and repeal rules
to carry out the provisions of the Child Welfare Authority Act
and other laws for which the authority has responsibility;
provided that the board of regents shall approve rules prior to
promulgation. Rules shall be adopted and promulgated as
provided in the State Rules Act."

SECTION 8.
A new section of the Children's Code, Section
32A-1A-7 NMSA 1978, is enacted to read:

"32A-1A-7. [
NEW MATERIAL
] AUTHORITY--ADDITIONAL DUTIES.--In addition to other duties provided by law or assigned to the
authority by statute or the board of regents, the authority
shall:

A. develop priorities for authority 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 and families by
integrating critical functions as appropriate, including
service delivery, and contracting for services across divisions
and related agencies;

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

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

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

F. adopt rules to control disposition and placement
of children as provided in the Children's Code or other state
or federal law, 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 and the
department of health;

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

I. implement prevention and early intervention as
an authority 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
governor's children's cabinet and authority advisory
committees;

K. ensure that behavioral health services provided,
including mental health and substance abuse services for
children and their families, shall be in compliance with
requirements of the Behavioral Health Reform and Investment
Act; and

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

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
] QUALITY ASSURANCE BUREAU.--

A. To measure the quality of services provided by
the authority or its agents, to facilitate satisfactory
outcomes for children and families that receive services and to
provide a continuing opportunity to improve service delivery,
the quality assurance 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
authority's performance to determine whether the authority 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 and regulations;

(4) identify any deficiencies and recommend
corrective action to the state superintendent;

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

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

B. The quality assurance bureau shall contribute to
and facilitate the publication of public reports assessing the
performance of the authority. The reports shall not disclose
the identity of natural persons mentioned in the report,
including children or families that receive or are eligible for
services or any authority employee."

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
] CHILD WELFARE ADVISORY
COMMITTEE CREATED--MEMBERS--PURPOSE.--

A. The "child welfare advisory committee" is
created. The committee is composed of eleven members appointed
by the board of regents. The board of regents shall appoint
persons with demonstrated interest and involvement in child
welfare, particularly those services and programs administered
or funded by the authority. Members shall be appointed so as
to provide adequate representation of ethnic groups and
geographic areas of the state. At least two members shall be
parents who are recipients of services provided by the
authority; at least two members shall be youths between the
ages of sixteen and twenty-one; and at least one member shall
be a member of the youth alliance.

B. The members of the committee who are not
eligible to be reimbursed for per diem and mileage from any
state, local or federal governmental source are entitled to
reimbursement for those expenses as provided in the Per Diem
and Mileage Act and shall receive no other compensation,
perquisite or allowance.

C. The committee shall assist in the development of
policies and procedures for the authority."

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
] CORRECTIONAL OFFICERS--QUALIFICATIONS--ACTING AS PEACE OFFICERS.--

A. Correctional officers of the authority 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, the District
of Columbia or a territory of the United States or the United
States; and

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

B. Correctional officers of the authority 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 child
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 facility of the
authority or while transporting a child committed to or under
the supervision of the authority;

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

(3) engaged in any effort to pursue or
apprehend a child pursuant to Paragraph (1) or (2) of this
subsection.

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

D. Crimes against a correctional officer of the
authority while in the lawful discharge of 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 peace 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
] PROHIBITION ON EMPLOYMENT FOR
PERSONS WITH SUBSTANTIATED ALLEGATIONS OF CHILD ABUSE OR
NEGLECT--PROHIBITION ON CERTAIN CONVICTED FELONS--DISCIPLINARY
ACTION--CONFIDENTIALITY OF ABUSE AND NEGLECT RECORDS.--

A. An applicant, an officer, an employee, an intern
or a volunteer of the authority having direct unsupervised
contact with authority clients shall not have been the subject
of a substantiated allegation of child abuse or neglect.

B. An officer, an employee, an intern or a
volunteer of the authority who has direct unsupervised contact
with authority clients shall not have been convicted of a
felony offense that is directly related to the job duties of
the officer, employee, intern or volunteer by a court of this
state; any other state, the District of Columbia or a territory
of the United States; 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 authority, may
be subject to increased supervision or disciplinary action
under 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
authority was with just cause.

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

E. In an appeal by an employee to the personnel
board as provided by 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, any other party providing
information and information the authority finds would be likely
to endanger the life or safety of any person providing
information to the authority may be redacted."

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 JUSTICE ADVISORY
COMMITTEE--DUTIES--FEDERAL ACT REQUIREMENTS.--

A. Pursuant to the federal Juvenile Justice and
Delinquency Prevention Act of 1974, the "juvenile justice
advisory committee" is created to advise the authority and to
serve as the "supervisory board" pursuant to that act and any
applicable federal regulations. The committee has explicit
power to continue to fulfill its duties in administering the
federal funds made available to the state, if such funding is
to continue.

B. The committee has 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 authority,
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 authority,
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 authority, receive
and review 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
committee and the authority 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
authority to eligible entities pursuant to that act.

C. 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 authority."

SECTION 14.
Section 30-22-11.1 NMSA 1978 (being Laws
1993, Chapter 121, Section 1, as amended) is amended to read:

"30-22-11.1. ESCAPE FROM THE CUSTODY OF THE [
CHILDREN,
YOUTH AND FAMILIES DEPARTMENT
]
CHILD WELFARE AUTHORITY
--ESCAPE
FROM JUVENILE DETENTION.--Escape from the custody of the
[
children, youth and families department
]
child welfare
authority
consists of any person who has been adjudicated as a
delinquent child and has been committed lawfully to the custody
of [
a department
]
an authority
juvenile justice facility or who
is alleged to be a delinquent child and has been lawfully
detained in a juvenile detention facility:

A. escaping or attempting to escape from custody
within the confines of [
a children, youth and families
department
]
an authority
juvenile justice facility; or

B. escaping or attempting to escape from another
lawful place of custody or confinement that is not within the
confines of [
a children, youth and families department
]
an
authority
juvenile justice facility.

Any person who commits escape from the custody of a
[
children, youth and families department
]
child welfare
authority
juvenile justice facility is guilty of a
misdemeanor."

SECTION 15.
Section 30-22-11.2 NMSA 1978 (being Laws
1994, Chapter 18, Section 1, as amended) is amended to read:

"30-22-11.2. AGGRAVATED ESCAPE FROM THE CUSTODY OF THE
[
CHILDREN, YOUTH AND FAMILIES DEPARTMENT
]
CHILD WELFARE
AUTHORITY
.--Aggravated escape from the custody of the
[
children, youth and families department
]
child welfare
authority
consists of any person who has been adjudicated as a
delinquent child and has been committed lawfully to the custody
of [
a department
]
an authority
juvenile justice facility or who
is alleged to be a delinquent child and has been lawfully
detained in a juvenile detention facility:

A. escaping or attempting to escape from custody
within the confines of [
a children, youth and families
department
]
an authority
juvenile justice facility and
committing assault or battery on another person in the course
of escaping or attempting to escape; or

B. escaping or attempting to escape from a lawful
place of custody or confinement that is not within the confines
of [
a children, youth and families department
]
an authority

juvenile justice facility and committing assault or battery on
another person in the course of escaping or attempting to
escape.

Any person who commits aggravated escape from the custody
of the [
children, youth and families department
]
child welfare
authority
is guilty of a fourth degree felony."

SECTION 16.
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 of children, youth and
families
]
state superintendent of child welfare
;

(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 17.
Section 32A-26-11 NMSA 1978 (being Laws 2020,
Chapter 52, Section 13) is amended to read:

"32A-26-11. ADMINISTRATIVE APPEALS.--A young adult may
appeal an adverse eligibility determination in accordance with
rules promulgated by the [
department
]
authority
. The
[
department
]
authority
shall provide the young adult, in the
young adult's primary language, with clear and developmentally
appropriate verbal and written information concerning the
administrative appeal process."

SECTION 18.
Section 40-7A-3 NMSA 1978 (being Laws 1981,
Chapter 171, Section 3, as amended) is amended to read:

"40-7A-3. DEFINITIONS.--As used in the Child Placement
Agency Licensing Act:

A. "child" means [
an individual
]
a person
under the
age of eighteen years;

B. "child placement agency" means [
any individual,
partnership, unincorporated association or corporation
]
a
person
undertaking to place a child in a home in this or any
other state for the purpose of foster care or adoption of the
child;

C. "department"
or "authority"
means the [
children,
youth and families department
]
child welfare authority
;

D. "division" means the [
protective services
]
child
and family welfare
division of the department;

E. "foster home" means a home maintained by an
individual having the care and control, for periods exceeding
twenty-four hours, of a child who is not placed for adoption;

F. "person" means [
any
]
an
individual
or a

partnership,
an
unincorporated association or
a
corporation;
and

G.
"state superintendent" or
"secretary" means the
[
secretary of children, youth and families
]
state
superintendent of child welfare
."

SECTION 19.
Section 40-10B-3 NMSA 1978 (being Laws 2001,
Chapter 167, Section 3, as amended) is amended to read:

"40-10B-3. DEFINITIONS.--As used in the Kinship
Guardianship Act:

A. "authority" or "department" means the child
welfare authority;

[
A.
]
B.
"caregiver" means an adult, who is not a
parent of a child, with whom a child resides and who provides
that child with the care, maintenance and supervision
consistent with the duties and responsibilities of a parent of
the child;

[
B.
]
C.
"child" means an individual who is a minor;

[
C. "department" means the children, youth and
families department;
]

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

[
E. "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;

F. "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:

(1) married; or

(2) emancipated;

G. "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;

H. "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;

I. "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 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;

J.
]
E.
"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;

[
K.
]
F.
"parent" means a biological or adoptive
parent of a child whose parental rights have not been
terminated and includes an individual identified as a parent
under the New Mexico Uniform Parentage Act; and

[
L.
]
G.
"relative" means [
an individual
]
a person

related to a child as a spouse, parent, stepparent, brother,
sister, stepbrother, stepsister, half-brother, half-sister,
uncle, aunt, niece, nephew, first cousin or any person denoted
by the prefix "grand" or "great", or the spouse or former
spouse of the persons specified."

SECTION 20.
TEMPORARY PROVISION--TRANSFER OF FUNCTIONS,
STATE TREASURY FUNDS, MONEY, PROPERTY, CONTRACTUAL OBLIGATIONS
AND STATUTORY REFERENCES--RULES OF DEPARTMENT ARE RULES OF THE
AUTHORITY UNTIL AMENDED OR REPEALED.--

A. On January 1, 2027, all functions,
appropriations, money, records, furniture, equipment, supplies
and other property of the children, youth and families
department shall be transferred to the child welfare authority.

B. On January 1, 2027, all agreements and
contractual obligations of the children, youth and families
department, including tribal-state agreements, shall be
obligations of the child welfare authority.

C. On January 1, 2027, all statutory references to
the children, youth and families department, including tribal-state agreements, shall be deemed to be references to the child
welfare authority.

D. The rules of the children, youth and families
department shall be deemed to be rules of the child welfare
authority until the authority amends or repeals the rules.

E. The governor's office, the department of finance
and administration, the state personnel office and the
children, youth and families department shall assist in a
smooth transition from the children, youth and families
department to the child welfare authority.

SECTION 21.
TEMPORARY PROVISION--APPOINTMENT OF BOARD OF
REGENTS--APPOINTMENT OF STATE SUPERINTENDENT OF CHILD
WELFARE.--The governor shall appoint the board of regents of
the child welfare authority by August 15, 2026, and the board
shall familiarize itself with applicable statutory provisions,
rules promulgated by the children, youth and families
department, court cases, consent decrees, contracts and other
matters pertaining to the department and assist in the
transition from the children, youth and families department to
the child welfare authority. The children, youth and families
department shall assist the board and shall provide any
information held by the department, including confidential
information. The board shall maintain confidentiality. The
board of regents may advertise for and interview candidates for
the state superintendent of child welfare position for
employment beginning January 1, 2027.

SECTION 22.
TEMPORARY PROVISION--RECOMPILATION--COMPILATION INSTRUCTION.--

A. Sections 9-2A-21 and 9-2A-22 NMSA 1978 (being
Laws 2003, Chapter 324, Sections 3 and 4, as amended) are
recompiled as Sections 32A-1A-15 and 32A-1A-16 NMSA 1978.

B. Sections 9-2A-24 and 9-2A-25 NMSA 1978 (being
Laws 2010, Chapter 86, Section 1 and Laws 2025, Chapter 156,
Section 2) are recompiled as Sections 32A-1A-17 and 32A-1A-18
NMSA 1978.

C. The compilation shall reflect that Chapter 32A,
Article 27 NMSA 1978 is an article of the Children's Code.

SECTION 23.
REPEAL.--

A. Sections 9-2A-1 through 9-2A-20 and 9-2A-23 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 and Laws 2007, Chapter 65,
Section 2, as amended) are repealed.

B. Section 32A-19-1 NMSA 1978 (being Laws 1993,
Chapter 77, Section 228, as amended) is repealed.

SECTION 24.
EFFECTIVE DATE.--

A. The effective date of the provisions of Section
21 of this act is July 1, 2026.

B. The effective date of the provisions of Sections
1 through 20, 22 and 23 of this act is January 1, 2027.

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