BEST INTERESTS OF THE CHILD STANDARDS

SB0067

SENATE BILL 67

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

INTRODUCED BY

Crystal Brantley
and
Gail Armstrong

AN ACT

RELATING TO CHILDREN; ESTABLISHING A BEST INTERESTS OF THE
CHILD STANDARD AS THE PRIMARY AND CONTROLLING STANDARD APPLIED
TO JUDICIAL AND CHILDREN, YOUTH AND FAMILIES DEPARTMENT ACTIONS
FOR DECISIONS AND DETERMINATIONS IN ABUSE AND NEGLECT CASES;
AMENDING AND ENACTING SECTIONS OF THE ABUSE AND NEGLECT ACT TO
PRIORITIZE CHILD SAFETY AND CLARIFY THE DEFINITION OF
"AGGRAVATED CIRCUMSTANCES"; PROVIDING THAT A COURT SHALL ASSURE
THAT THE CHILD'S GUARDIAN AD LITEM AND THE CHILD'S ATTORNEY
ZEALOUSLY REPRESENT THE BEST INTERESTS OF THE CHILD; AMENDING
THE STATUTORY PURPOSE OF THE CHILDREN'S CODE TO ENSURE THE BEST
INTERESTS OF THE CHILD AS THE PRIMARY CONCERN; PROVIDING FOR
APPLICABILITY; REQUIRING WRITTEN FINDINGS; REQUIRING RULE
ADOPTION.

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

SECTION 1.
Section 32A-1-3 NMSA 1978 (being Laws 1993,
Chapter 77, Section 12, as amended) is amended to read:

"32A-1-3. PURPOSE OF ACT.--The Children's Code shall be
interpreted and construed to effectuate the following
legislative purposes:

A. first,
and of paramount concern
, to provide for
the care, protection and wholesome mental and physical
development of children coming within the provisions of the
Children's Code
and to ensure that the best interests of the
child are the primary concern by placing the child's health and
safety as superseding any other consideration. Second, to
promote stability and permanence for the child
and [
then to
preserve
]
when possible, and if not inconsistent with
prioritizing the child's health and safety, preserving
the
unity of the family [
whenever possible. A child's health and
safety shall be the paramount concern
]
when it is in the best
interests of the child
. Permanent separation of a child from
the child's family, however, [
would especially
]
may
be
considered when the child or another child of the parent has
suffered permanent or severe injury or repeated abuse. It is
the intent of the legislature that, to the maximum extent
possible, children in New Mexico shall be reared as members of
a family unit;
provided that "family unit" shall be broadly
construed as not solely meaning a child's family of origin or
biological family;

B. to provide judicial and other procedures through
which the provisions of the Children's Code are executed and
enforced and in which the parties are assured a fair hearing
and their constitutional and other legal rights are recognized
and enforced;

C. to provide a continuum of services for children
and their families, from prevention to treatment, considering
whenever possible prevention, diversion and early intervention,
particularly in the schools;

D. to provide children with services that are
sensitive to their cultural needs;

E. to reduce overrepresentation of minority
children and families in the juvenile justice, family services
and abuse and neglect systems through early intervention,
linkages to community support services and the elimination of
discrimination;

F. to provide for the cooperation and coordination
of the civil and criminal systems for investigation,
intervention and disposition of cases, to minimize interagency
conflicts and to enhance the coordinated response of all
agencies to achieve the best interests of a child victim; and

G. to provide continuity for children and families
appearing before the children's court by assuring that,
whenever possible, a single judge hears all successive cases or
proceedings involving a child or family."

SECTION 2.
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;

(5) subjected the child to aggravated physical
neglect; or

(6) been convicted of any of the following
offenses where the victim was a child:

(a) murder in the first degree pursuant
to Subsection A of Section 30-2-1 NMSA 1978;

(b) murder in the second degree pursuant
to Subsection B of Section 30-2-1 NMSA 1978;

(c) voluntary manslaughter pursuant to
Subsection A of Section 30-2-3 NMSA 1978;

(d) involuntary manslaughter pursuant to
Subsection B of Section 30-2-3 NMSA 1978;

(e) aggravated assault pursuant to
Section 30-3-2 NMSA 1978;

(f) aggravated battery pursuant to
Section 30-3-5 NMSA 1978;

(g) criminal sexual penetration pursuant
to Section 30-9-11 NMSA 1978; or

(h) criminal sexual contact of a minor
pursuant to Section 30-9-13 NMSA 1978;

D. "aggravated physical neglect" means any omission
of care by the parent, guardian or custodian of a child that
results in a life-threatening condition or seriously impairs
the child's functioning;

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

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

[
I.
]
J.
"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;

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

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

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

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

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

[
P.
]
Q.
"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 3.
Section 32A-4-7 NMSA 1978 (being Laws 1993,
Chapter 77, Section 101, as amended) is amended to read:

"32A-4-7. RELEASE OR DELIVERY FROM CUSTODY.--

A. A person taking a child into custody shall, with
all reasonable speed:

(1) release the child to the child's parent,
guardian or custodian and issue verbal counsel or warning as
may be appropriate; or

(2) deliver the child to the department or, in
the case of a child who is believed to be suffering from a
serious physical or mental condition or illness that requires
prompt treatment or diagnosis, deliver the child to a medical
facility. If a law enforcement officer delivers a child to a
medical facility, the officer shall immediately notify the
department that the child has been placed in the department's
legal custody.

B. When an alleged neglected or abused child is
delivered to the department, a department caseworker shall
review the need for placing the child in custody and shall
release the child from custody unless custody is appropriate or
has been ordered by the court. When a child is delivered to a
medical facility, a department caseworker shall review the need
for retention of custody within a reasonable time after
delivery of the child to the facility and shall release the
child from custody unless custody is appropriate or has been
ordered by the court.

C. If a child is placed in the legal custody of the
department and is not released to the child's parent, guardian
or custodian, the department shall give written notice thereof
as soon as possible, and in no case later than twenty-four
hours, to the child's parent, guardian or custodian together
with a statement of the reason for taking the child into
custody.

D. Reasonable efforts shall be made to prevent or
eliminate the need for removing the child from the child's
home, with the paramount concern being the [
child's health and
safety
]
best interests of the child
. In all cases when a child
is taken into custody, the child shall be released to the
child's parent, guardian or custodian, unless the department
files a petition within three days from the date that the child
was taken into custody.

E. The department may release the child at any time
within the three-day period after the child was taken into
custody if it is determined by the department that release is
[
appropriate
]
in the best interests of the child
or if release
has been ordered by the court.

F. If a child that has been taken into custody and
released to the child's parent, guardian or custodian is taken
into custody again within one year of having been taken into
custody, the child shall not be released from custody until a
department review is conducted, in consultation with the
children's court managing attorney, to review the child's case
and documents and determine whether the child should be
released to the child's parent, guardian or custodian or if it
is in the best [
interest
]
interests
of the child to file a
petition alleging neglect or abuse. The department's review
shall be conducted by a person above the level of supervisor
who has been authorized by the secretary of children, youth and
families to review such cases. If the secretary has not
authorized anyone to review such cases, the department's review
shall be conducted by the director of the protective services
division of the department. The three-day deadline for filing
the petition pursuant to Subsections D and E of this section is
extended to five days when the child's case is reviewed
pursuant to this subsection."

SECTION 4.
Section 32A-4-8 NMSA 1978 (being Laws 1993,
Chapter 77, Section 102, as amended) is amended to read:

"32A-4-8. PLACE OF TEMPORARY CUSTODY.--

A. Unless a child alleged to be neglected or abused
is also alleged or adjudicated delinquent:

(1) the child shall not be held in a jail or
other facility intended or used for the incarceration of adults
charged with criminal offenses or for the detention of children
alleged to be delinquent children; and

(2) there shall be a preference that the child
be placed in the home of a relative of the child when a
relative is available to provide foster care; provided that:

(a) placement with a relative is in the
best [
interest
]
interests
of the child;

(b) the relative signs a sworn statement
that the relative will not return the child to or allow
unsupervised visits with the parent, guardian or custodian who
is alleged to have committed the abuse or neglect, unless
otherwise directed by the department or the court; and

(c) within three days of accepting
custody of the child, the relative completes an application
form for licensure to operate a foster home pursuant to the
Children's Code.

B.
If it is in the best interests of the child
, the
department shall make reasonable efforts to locate a relative
of the child to provide foster care. If a relative is not
available to provide foster care, the child may be placed in:

(1) a licensed foster home or any home
authorized under the law for the provision of foster care or
group care or use as a protective residence;

(2) a facility operated by a licensed child
welfare services agency; or

(3) a facility provided for in the Children's
Shelter Care Act."

SECTION 5.
Section 32A-4-10 NMSA 1978 (being Laws 1993,
Chapter 77, Section 104, as amended) is amended to read:

"32A-4-10. BASIC RIGHTS--
BEST INTERESTS OF THE CHILD
.--

A. A child subject to the provisions of the
Children's Code is entitled to the same basic rights as an
adult, except as otherwise provided in the Children's Code.

B. At the inception of an abuse or neglect
proceeding, counsel shall be appointed for the parent, guardian
or custodian of the child. The appointed counsel shall
represent the parent, guardian or custodian who is named as a
party until an indigency determination is made at the custody
hearing. Counsel shall also be appointed if, in the court's
discretion, appointment of counsel is required in the interest
of justice.

C. At the inception of an abuse and neglect
proceeding, the court shall appoint a guardian ad litem for a
child under fourteen years of age. If the child is fourteen
years of age or older, the court shall appoint an attorney for
the child. No officer or employee of an agency that is vested
with the legal custody of the child shall be appointed as
guardian ad litem of or attorney for the child. Only an
attorney with appropriate experience shall be appointed as
guardian ad litem of or attorney for the child.

D. When reasonable and appropriate, the court shall
appoint a guardian ad litem or attorney who is knowledgeable
about the child's particular cultural background.

E. When a child reaches fourteen years of age, the
child's guardian ad litem shall continue as the child's
attorney; provided that the court shall appoint a different
attorney for the child if:

(1) the child requests a different attorney;

(2) the guardian ad litem requests to be
removed; or

(3) the court determines that the appointment
of a different attorney is appropriate.

F. The court shall assure that the child's guardian
ad litem zealously represents the child's best [
interest
]

interests
and that the child's attorney zealously represents
the child
and the child's best interests
.

G. A person afforded rights under the Children's
Code shall be advised of those rights at that person's first
appearance before the court on a petition under the Children's
Code."

SECTION 6.
Section 32A-4-18 NMSA 1978 (being Laws 1993,
Chapter 77, Section 112, as amended) is amended to read:

"32A-4-18. CUSTODY HEARINGS--TIME LIMITATIONS--NOTICE--PROBABLE CAUSE.--

A. When a child alleged to be neglected or abused
has been placed in the legal custody of the department or the
department has petitioned the court for temporary custody, a
custody hearing shall be held within ten days from the date the
petition is filed to determine if the child should remain in or
be placed in the department's custody pending adjudication.
Upon written request of the respondent, the hearing may be held
earlier, but in no event shall the hearing be held sooner than
two days after the date the petition was filed.

B. The parent, guardian or custodian of the child
alleged to be abused or neglected shall be given reasonable
notice of the time and place of the custody hearing.

C. At the custody hearing, the court shall return
legal custody of the child to the child's parent, guardian or
custodian unless probable cause exists to believe that:

(1) the child is suffering from an illness or
injury, and the parent, guardian or custodian is not providing
adequate care for the child;

(2) the child is in immediate danger from the
child's surroundings and removal from those surroundings is
necessary for the child's safety or well-being;

(3) the child will be subject to injury by
others if not placed in the custody of the department;

(4) there has been an abandonment of the child
by the child's parent, guardian or custodian; or

(5) the parent, guardian or custodian is not
able or willing to provide adequate supervision and care for
the child.

D. At the conclusion of the custody hearing, if the
court determines that probable cause exists pursuant to
Subsection C of this section, the court may:

(1) return legal custody of the child to the
child's parent, guardian or custodian upon such conditions as
will reasonably ensure the safety and well-being of the child,
including protective supervision or maintenance at home by the
department or participation in programs or services aimed at
addressing the underlying causative factors that impact the
safety or well-being of the child; or

(2) award legal custody of the child to the
department.

E. Reasonable efforts shall be made to preserve and
reunify the family
only when the court finds that reunification
efforts are consistent with the best interests of the child
,
with the paramount concern being the child's health and safety.
When the department determines that the home of an adult
relative of the child meets all relevant child protection and
licensing standards and placement in the home would be in the
best [
interest
]
interests
of the child, the department shall
give a preference to placement of the child in that home. The
department shall make reasonable efforts to conduct home
studies on appropriate relatives who express an interest in
providing placement for the child.

F. At the conclusion of the custody hearing, if the
court determines that probable cause does not exist pursuant to
Subsection C of this section, the court shall:

(1) retain jurisdiction and, unless the court
permits otherwise, order that the respondent and child remain
in the jurisdiction of the court pending the adjudication;

(2) return legal custody of the child to the
child's parent, guardian or custodian with conditions to
provide for the safety and well-being of the child; and

(3) order that the child's parent, guardian or
custodian allow the child necessary contact with the child's
guardian ad litem or attorney.

G. At the conclusion of the custody hearing, the
court may order the respondent or the child alleged to be
neglected or abused, or both, to undergo appropriate diagnostic
examinations or evaluations. If the court determines that
probable cause does not exist, the court may order the
respondent or the child alleged to be neglected or abused, or
both, to undergo appropriate diagnostic examinations or
evaluations as necessary to protect the child's best interests,
based upon the allegations in the petition and the evidence
presented at the custody hearing. Copies of any diagnostic or
evaluation reports ordered by the court shall be provided to
the parties at least five days before the adjudicatory hearing
is scheduled. The reports shall not be sent to the court.

H. The Rules of Evidence shall not apply to custody
hearings.

I. Notwithstanding any other provision of law, a
party aggrieved by an order entered pursuant to this section
shall be permitted to file an immediate appeal as a matter of
right. If the order appealed from grants the legal custody of
the child to or withholds it from one or more of the parties to
the appeal, the appeal shall be expedited and shall be heard at
the earliest practicable time. While an appeal pursuant to
this section is pending, the court shall have jurisdiction to
take further action in the case pursuant to Subsection B of
Section 32A-1-17 NMSA 1978."

SECTION 7.
Section 32A-4-22 NMSA 1978 (being Laws 1993,
Chapter 77, Section 116, as amended) is amended to read:

"32A-4-22. DISPOSITION OF ADJUDICATED ABUSED OR NEGLECTED
CHILD--
WRITTEN FINDINGS
.--

A. If not held in conjunction with the adjudicatory
hearing, the dispositional hearing shall be commenced within
thirty days after the conclusion of the adjudicatory hearing.
At the conclusion of the dispositional hearing, the court shall
make and include in the dispositional judgment its findings on
the following:

(1) the interaction and interrelationship of
the child with the child's parent, siblings and any other
person who may significantly affect the child's best [
interest
]

interests
;

(2) the child's adjustment to the child's
home, school and community;

(3) the mental and physical health of all
individuals involved;

(4) the wishes of the child as to the child's
placement;

(5) the wishes of the child's parent, guardian
or custodian as to the child's custody;

(6) whether reasonable efforts have been made
by the department to identify, locate and give notice to all
grandparents and other relatives and to conduct home studies on
any appropriate relative who expresses an interest in providing
care for the child. If the court finds that reasonable efforts
in these areas have not been made, the court may make
supplemental orders as necessary and may reconsider the matter
at the initial judicial review and subsequent periodic review
hearings;

(7) whether consideration has been given to
the child's familial identity and connections;

(8) whether there exists a relative of the
child or other individual who, after study by the department,
is found to be qualified to receive and care for the child;

(9) the availability of services recommended
in the case plan prepared as a part of the predisposition study
in accordance with the provisions of Section 32A-4-21 NMSA
1978;

(10) the ability of the parent to care for the
child in the home so that no harm will result to the child;

(11) whether reasonable efforts were made by
the department to prevent removal of the child from the home
prior to placement in substitute care and whether reasonable
efforts were made to attempt reunification of the child with
the natural parent; and

(12) whether reasonable efforts were made by
the department to place siblings in custody together, unless
such joint placement would be contrary to the safety or well-being of any of the siblings in custody, and whether any
siblings not jointly placed have been provided reasonable
visitation or other ongoing interaction, unless visitation or
other ongoing interaction would be contrary to the safety or
well-being of any of the siblings.

B. If a child is found to be neglected or abused,
the court may enter its judgment making any of the following
dispositions to protect the welfare of the child:

(1) permit the child to remain with the
child's parent, guardian or custodian, subject to those
conditions and limitations the court may prescribe;

(2) place the child under protective
supervision of the department; or

(3) transfer legal custody of the child to one
of the following:

(a) the noncustodial parent, if it is
found to be in the child's best [
interest
]
interests
; or

(b) the department.

C. If a child is found to be neglected or abused,
in its dispositional judgment the court shall also order the
department to implement and the child's parent, guardian or
custodian to cooperate with any case plan approved by the
court.
If it is in the best interests of the child
, reasonable
efforts shall be made to preserve and reunify the family, with
the paramount concern being the child's health and safety. The
court may determine that reasonable efforts are not required to
be made when the court finds that:

(1) the efforts would be futile; or

(2) the parent, guardian or custodian has
subjected the child to aggravated circumstances,
including
aggravated physical neglect
.

D. Any parent, guardian or custodian of a child who
is placed in the legal custody of the department or other
person pursuant to Subsection B of this section shall have
reasonable rights of visitation with the child as determined by
the court, unless the court finds that the best interests of
the child preclude any visitation.

E. The court may order reasonable visitation
between a child placed in the custody of the department and the
child's siblings or any other person who may significantly
affect the child's best [
interest
]
interests
, if the court
finds the visitation to be in the child's best [
interest
]

interests
.

F. In entering a dispositional order, the court
shall enter written findings stating whether reunification is
consistent with the best interests of the child.

[
F.
]
G.
Unless a child found to be neglected or
abused is also found to be delinquent, the child shall not be
confined in an institution established for the long-term care
and rehabilitation of delinquent children.

[
G.
]
H.
When the court vests legal custody in an
agency, institution or department, the court shall transmit
with the dispositional judgment copies of the clinical reports,
the predisposition study and report and any other information
it has pertinent to the care and treatment of the child.

[
H.
]
I.
Prior to a child being placed in the
custody or protective supervision of the department, the
department shall be provided with reasonable oral or written
notification and an opportunity to be heard. At any hearing
held pursuant to this subsection, the department may appear as
a party.

[
I.
]
J.
When the court determines pursuant to
Subsection C of this section that no reasonable efforts at
reunification are required, the court shall conduct, within
thirty days, a permanency hearing as described in Section
32A-4-25.1 NMSA 1978. Reasonable efforts shall be made to
implement and finalize the permanency plan in a timely manner."

SECTION 8.
Section 32A-4-23 NMSA 1978 (being Laws 1993,
Chapter 77, Section 117, as amended) is amended to read:

"32A-4-23. DISPOSITION OF A CHILD WITH A MENTAL DISORDER
OR A DEVELOPMENTAL DISABILITY IN A PROCEEDING UNDER THE ABUSE
AND NEGLECT ACT.--

A. If in a hearing, at any stage of a proceeding on
a neglect or abuse petition, the evidence indicates that a
child has a mental disorder or a developmental disability, the
court shall adjudicate the issue of neglect or abuse under the
provisions of the Children's Code.

B. When a child in department custody needs
involuntary placement for residential mental health or
developmental disability services as a result of a mental
disorder or developmental disability, the department shall
petition for that child's placement
in a manner consistent with
the best interests of the child and
pursuant to the provisions
of the Children's Mental Health and Developmental Disabilities
Act.

C. Any child in department custody who is placed
for residential treatment or habilitation pursuant to the
provisions of the Children's Mental Health and Developmental
Disabilities Act shall remain in the legal custody of the
department while in residential treatment or habilitation or
until further order of the court.

D. A court hearing for consideration of an
involuntary placement of a child for residential treatment or
habilitation, when the child is subject to the provisions of
the Abuse and Neglect Act, may be heard by the court as part of
the abuse or neglect proceedings or may be heard in a separate
proceeding. All parties to the abuse or neglect proceedings
shall be provided with notice of the involuntary placement
hearing.

E. A guardian ad litem appointed pursuant to the
Abuse and Neglect Act shall serve as a guardian ad litem for a
child for the purposes of the Children's Mental Health and
Developmental Disabilities Act. When a child is fourteen years
of age or older, the child shall be represented by an attorney
unless, after consultation between the child and the child's
attorney, the child elects to be represented by counsel
appointed in the proceedings under the Children's Mental Health
and Developmental Disabilities Act.

F. When a child is subject to the provisions of the
Abuse and Neglect Act and is receiving residential treatment or
habilitation services, any documentation required pursuant to
the Children's Mental Health and Developmental Disabilities Act
shall be filed with the court as part of the abuse or neglect
proceeding. A review of the child's placement in a residential
treatment or habilitation program shall occur in the same
manner and within the same time requirements as provided in the
Children's Mental Health and Developmental Disabilities Act.

G. The clerk of the court shall maintain a separate
section within an abuse or neglect file for documents
pertaining to actions taken under the Children's Mental Health
and Developmental Disabilities Act.

H. A child subject to the provisions of the Abuse
and Neglect Act who receives treatment in a residential
treatment or habilitation program shall enjoy all the
substantive and procedural rights set forth in the Children's
Mental Health and Developmental Disabilities Act."

SECTION 9.
Section 32A-4-25 NMSA 1978 (being Laws 1993,
Chapter 77, Section 119, as amended) is amended to read:

"32A-4-25. PERIODIC JUDICIAL REVIEW OF DISPOSITIONAL
JUDGMENTS.--

A. The initial judicial review shall be held within
sixty days of the disposition. At the initial judicial review,
the parties shall demonstrate to the court efforts made to
implement the treatment plan approved by the court in its
dispositional order. The court shall determine the extent to
which the treatment plan has been implemented and make
supplemental orders as necessary to ensure compliance with the
treatment plan and the safety of the child. Prior to the
initial judicial review, the department shall submit a copy of
the adjudicatory order, the dispositional order and notice of
the initial judicial review to the council. The staff of the
council, or an entity contracting with the council, shall
review the case. If the staff or contracting entity determines
that the case meets the criteria established in council rules,
the staff or contracting entity shall designate the case for
review by a substitute care review board. A representative of
the substitute care review board, if designated, shall be
permitted to attend and comment to the court.

B. The court shall conduct subsequent periodic
judicial reviews of the dispositional order within six months
of the conclusion of the permanency hearing or, if a motion has
been filed for termination of parental rights or permanent
guardianship, within six months of the decision on that motion
and every six months thereafter. Prior to a subsequent
periodic judicial review, the department shall submit a
progress report to the council or any designated substitute
care review board. Prior to any judicial review by the court
pursuant to this section, the substitute care review board may
review the dispositional order or the continuation of the order
and the department's progress report and report its findings
and recommendations to the court.

C. Judicial review pursuant to this section may be
carried out by either of the following:

(1) a judicial review hearing conducted by the
court; or

(2) a judicial review hearing conducted by a
special master appointed by the court; provided, however, that
the court approve any findings made by the special master.

D. The children's court attorney shall give notice
of the time, place and purpose of any judicial review hearing
held pursuant to Subsection A, B or C of this section to:

(1) all parties, including:

(a) the child alleged to be neglected or
abused or in need of court-ordered services, by and through the
child's guardian ad litem or attorney;

(b) the child's parent, guardian or
custodian, who has allegedly neglected or abused the child or
is in need of court-ordered services; and

(c) any other person made a party by the
court;

(2) the child's foster parent or substitute
care provider;

(3) the child's court-appointed special
advocate; and

(4) if designated by the council, the
substitute care review board.

E. At any subsequent judicial review hearing held
pursuant to Subsection B of this section, the department and
all parties given notice pursuant to Subsection D of this
section shall have the opportunity to present evidence and to
cross-examine witnesses. At the hearing, the department shall
show that it has made reasonable effort to implement any
treatment plan approved by the court in its dispositional order
and shall present a treatment plan consistent with the purposes
of the Children's Code for any period of extension of the
dispositional order. The respondent shall demonstrate to the
court that efforts to comply with the treatment plan approved
by the court in its dispositional order and efforts to maintain
contact with the child were diligent and made in good faith.
The court shall determine the extent of compliance with the
treatment plan and whether progress is being made toward
establishing a stable and permanent placement for the child.

F. The Rules of Evidence shall not apply to
hearings held pursuant to this section. The court may admit
testimony by any person given notice of the hearing who has
information about the status of the child or the status of the
treatment plan.

G. At the conclusion of any hearing held pursuant
to this section, the court shall make findings of fact and
conclusions of law.

H. Based on its findings at a judicial review
hearing held pursuant to Subsection B of this section, the
court shall order one of the following dispositions:

(1) dismiss the action and return the child to
the child's parent without supervision if the court finds that
conditions in the home that led to abuse have been corrected
and it is now safe for the return of the abused child;

(2) permit the child to remain with the
child's parent, guardian or custodian subject to those
conditions and limitations the court may prescribe, including
protective supervision of the child by the department;

(3) return the child to the child's parent and
place the child under the protective supervision of the
department;

(4) transfer or continue legal custody of the
child to:

(a) the noncustodial parent, if that is
found to be in the child's best interests;

(b) a relative or other individual who,
after study by the department or other agency designated by the
court, is found by the court to be qualified to receive and
care for the child and is appointed as a permanent guardian of
the child; or

(c) the department, subject to the
provisions of Paragraph (6) of this subsection;

(5) continue the child in the legal custody of
the department with or without any required parental
involvement in a treatment plan; provided that reasonable
efforts shall be made to preserve and reunify the family, with
the paramount concern being the child's health and safety
unless the court finds that such efforts are not required. The
court may determine that reasonable efforts are not required to
be made when the court finds that:

(a) the efforts would be futile; or

(b) the parent, guardian or custodian
has subjected the child to aggravated circumstances;

(6) make additional orders regarding the
treatment plan or placement of the child to protect the child's
best interests if the court determines the department has
failed in implementing any material provision of the treatment
plan or abused its discretion in the placement or proposed
placement of the child; or

(7) if during a judicial review the court
finds that the child's parent, guardian or custodian has not
complied with the court-ordered treatment plan, the court may
order:

(a) the child's parent, guardian or
custodian to show cause why the parent, guardian or custodian
should not be held in contempt of court; or

(b) a hearing on the merits of
terminating parental rights.

I. Dispositional orders entered pursuant to this
section shall
include written findings stating whether
continued reunification efforts are consistent with the best
interests of the child and shall
remain in force for a period
of six months, except for orders that provide for transfer of
the child to the child's noncustodial parent or to a permanent
guardian.

J. When the court determines, pursuant to Paragraph
(5) of Subsection H of this section, that no reasonable efforts
at reunification are required, the court shall conduct, within
thirty days, a permanency hearing as described in Section
32A-4-25.1 NMSA 1978. The department shall make reasonable
efforts to place the child in a timely manner in accordance
with the permanency plan and to complete whatever steps are
necessary to finalize the permanent placement of the child."

SECTION 10.
Section 32A-4-25.1 NMSA 1978 (being Laws
1997, Chapter 34, Section 8, as amended by Laws 2016, Chapter
54, Section 7 and by Laws 2016, Chapter 60, Section 3) is
amended to read:

"32A-4-25.1. PERMANENCY HEARINGS--PERMANENCY REVIEW
HEARINGS.--

A. A permanency hearing shall be commenced within
six months of the initial judicial review of a child's
dispositional order or within twelve months of a child entering
foster care pursuant to Subsection [
D
]
E
of this section,
whichever occurs first. Prior to the initial permanency
hearing:

(1) the department shall submit a copy of any
continuation of the dispositional order and notice of hearing
to the council or any substitute care review board designated
pursuant to Section 32A-8-5 NMSA 1978;

(2) the department shall submit a progress
report to any designated substitute care review board;

(3) all parties to the hearing shall attend a
mandatory meeting and attempt to settle issues attendant to the
permanency hearing and develop a proposed [
treatment
]
case
plan
that serves the child's best [
interest
]
interests
; and

(4) any designated substitute care review
board may review the child's case and the department's progress
report and report [
its
]
the substitute care review board's

findings and recommendations to the court.

B. At the permanency hearing,
the court shall
determine the permanency plan that is consistent with the best
interests of the child, and
all parties shall have the
opportunity to present evidence and to cross-examine witnesses.
At the conclusion of the permanency hearing, the court shall
order one of the following permanency plans for the child:

(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,
provided that there is substantial evidence that none of the
above plans is appropriate for the child.

C. If the court adopts a permanency plan of
reunification, the court shall adopt a plan for transitioning
the child home within a reasonable period depending on the
facts and circumstances of the case, but not to exceed six
months, and schedule a permanency review hearing within three
months. If the child is reunified, the subsequent hearing may
be vacated.

D. At the permanency review hearing, all parties
and the child's guardian ad litem or attorney shall have the
opportunity to present evidence and cross-examine witnesses.
Based on the evidence, the court shall:

(1) change the plan from reunification to one
of the alternative plans provided in Subsection B of this
section;

(2) dismiss the case and return custody of the
child to the child's parent, guardian or custodian;

(3) continue legal custody of the child in the
department to complete a transition home to the child's parent,
guardian or custodian and continue the case plan for not more
than six months, after which the case shall be dismissed unless
the plan is changed as provided in Paragraph (1) of this
subsection; or

(4) return the child to the custody of the
child's parent, guardian or custodian, subject to any
conditions or limitations as the court may prescribe, including
protective supervision of the child by the department and
continuation of the case plan for not more than six months,
after which the case shall be dismissed. The department may
seek removal of a child from the home by obtaining an order in
the pending case or by seeking emergency removal under Section
32A-4-6 NMSA 1978 during the period of protective supervision
if the child's best [
interest requires
]
interests require
such
action. When a child is removed in this situation, a
permanency hearing shall be scheduled within thirty days of the
child coming back into the department's legal custody.

E. The court shall hold a permanency hearing and
adopt a permanency plan for a child within twelve months of the
child entering foster care.
Upon disposition at each
permanency hearing, the court shall enter written findings
explaining why the selected permanency plan is consistent with
the best interests of the child.
For purposes of this section,
a child shall be considered to have entered foster care on the
earlier of:

(1) the date of the first judicial finding
that the child has been abused or neglected; or

(2) sixty days after the date on which the
child was removed from the home.

F. The court shall hold permanency hearings every
twelve months when a child is in the legal custody of the
department.

G. The children's court attorney shall give notice
of the time, place and purpose of any permanency hearing or
permanency review hearing held pursuant to this section to:

(1) all parties, including:

(a) the child alleged to be neglected or
abused or in need of court-ordered services, by and through the
child's guardian ad litem or attorney;

(b) the child's parent, guardian or
custodian, who has allegedly neglected or abused the child or
is in need of court-ordered services; and

(c) any other person made a party by the
court;

(2) the child's foster parent or substitute
care provider;

(3) the child's court-appointed special
advocate; and

(4) if designated by the council, the
substitute care review board.

H. The Rules of Evidence shall not apply to
permanency hearings. The court may admit testimony by any
person given notice of the permanency hearing who has
information about the status of the child or the status of the
treatment plan. All testimony shall be subject to cross-examination."

SECTION 11.
Section 32A-4-28 NMSA 1978 (being Laws 1993,
Chapter 77, Section 122, as amended) is amended to read:

"32A-4-28. TERMINATION OF PARENTAL RIGHTS--ADOPTION
DECREE.--

A. In proceedings to terminate parental rights, the
court shall give primary consideration to the
best interests of
the child and shall consider the
physical, mental and emotional
welfare and needs of the child, including the likelihood of the
child being adopted if parental rights are terminated.

B. The court shall terminate parental rights with
respect to a child when:

(1) there has been an abandonment of the child
by the child's parents;

(2) the child has been a neglected or abused
child as defined in the Abuse and Neglect Act and the court
finds that the conditions and causes of the neglect and abuse
are unlikely to change in the foreseeable future despite
reasonable efforts by the department or other appropriate
agency to assist the parent in adjusting the conditions that
render the parent unable to properly care for the child. The
court may find in some cases that efforts by the department or
another agency are unnecessary, when:

(a) there is a clear showing that the
efforts would be futile; or

(b) the parent has subjected the child
to aggravated circumstances; or

(3) the child has been placed in the care of
others, including care by other relatives, either by a court
order or otherwise and the following conditions exist:

(a) the child has lived in the home of
others for an extended period of time;

(b) the parent-child relationship has
disintegrated;

(c) a psychological parent-child
relationship has developed between the substitute family and
the child;

(d) if the court deems the child of
sufficient capacity to express a preference, the child no
longer prefers to live with the natural parent;

(e) the substitute family desires to
adopt the child; and

(f) a presumption of abandonment created
by the conditions described in Subparagraphs (a) through (e) of
this paragraph has not been rebutted.

C. A finding by the court that all of the
conditions set forth in Subparagraphs (a) through (f) of
Paragraph (3) of Subsection B of this section exist shall
create a rebuttable presumption of abandonment.

D. The department shall not file a motion, and
shall not join a motion filed by another party, to terminate
parental rights:

(1) when the sole factual basis for the motion
is that a child's parent is or was formerly incarcerated; or

(2) if the motion is based, to any extent, on
the fact that the child is an Indian child or that the child's
parent or parents are Indian.

E. If the court finds that parental rights should
be terminated; that the requirements for the adoption of a
child have been satisfied; that the prospective adoptive parent
is a party to the action; and that good cause exists to waive
the filing of a separate petition for adoption, the court may
proceed to grant adoption of the child, absent an appeal of the
termination of parental rights. The court shall not waive any
time requirements set forth in the Adoption Act unless the
termination of parental rights occurred pursuant to the
provisions of Paragraph (3) of Subsection B of this section.
The court may enter a decree of adoption only after finding
that the party seeking to adopt the child has satisfied all of
the requirements set forth in the Adoption Act. Unless
otherwise stipulated by all parties, an adoption decree shall
take effect sixty days after the termination of parental
rights, to allow the department sufficient time to provide
counseling for the child and otherwise prepare the child for
the adoption. The adoption decree shall conform to the
requirements of the Adoption Act and shall have the same force
and effect as other adoption decrees entered pursuant to that
act. The court clerk shall assign an adoption case number to
the adoption decree."

SECTION 12.
A new section of the Abuse and Neglect Act is
enacted to read:

"[
NEW MATERIAL
] ESTABLISHING BEST INTERESTS OF THE CHILD
AS PRIMARY AND CONTROLLING STANDARD.--

A. In all matters and proceedings pursuant to the
Abuse and Neglect Act, the best interests of the child shall be
the primary concern and controlling standard in all actions of
the department and the court. "Best interests of the child"
means the standard applied to judicial and department actions
that requires the child's health, safety and physical, mental
and emotional well-being to be treated as the paramount and
primary concern and is determined by prioritizing the following
outcomes and ranked by importance in the following order:

(1) ensuring the child's immediate and long-term protection from all forms of abuse, neglect or harm;

(2) securing a safe, stable and permanent
living arrangement for the child;

(3) providing for the child's ongoing and
wholesome mental, physical and emotional development, including
access to necessary care, education and cultural resources; and

(4) establishing a stable, safe and nurturing
family unit that prioritizes the placement that best ensures
safety, permanence and wholesome development for the child;
provided that "family unit" shall be broadly construed to
include the child's family of origin or kinship, adoptive or
other suitable permanent caregivers.

B. In determining the best interests of the child
outcomes as provided in Subsection A of this section, the
following factors shall be considered:

(1) the child's health and safety, including
the risk of future abuse or neglect;

(2) the child's age and physical and mental
vulnerabilities;

(3) the child's physical, emotional and
psychological well-being, including trauma exposure and
attachment needs;

(4) the frequency, nature and length of time
of any out-of-home placements for the child and the child's
developmental sense of time;

(5) the frequency, magnitude and other
circumstances of the harm to the child, including repeated
harm;

(6) any fear by the child related to living in
or returning to the home from which the child was removed, the
child's current placement or a potential placement;

(7) the results of any psychiatric,
psychological or developmental evaluations of the child or the
child's parents, guardian or other family members;

(8) any history of abuse or neglect by a
parent, guardian or custodian of the child, a member of the
child's family, fictive kin of the child or another person who
has access to the child in the child's home or placement;

(9) any history of substantiated claims of
substance abuse or neglect by a parent, guardian or custodian
of the child, a member of the child's family, fictive kin of
the child or another person who has access to the child in the
child's home or placement;

(10) whether a perpetrator of harm to the
child is identified;

(11) whether an identified perpetrator of harm
to the child has or could have access to the child;

(12) the circumstances under which a parent
voluntarily relinquished parental rights to the child, if
applicable;

(13) the willingness and ability of the
child's parent, guardian or family to, as applicable:

(a) seek, accept and complete family
services, including services that address specific needs of the
child or family;

(b) cooperate with and facilitate close
supervision by an appropriate agency;

(c) complete psychological, domestic
violence and substance abuse assessments; and

(d) effect positive environmental and
personal changes within a reasonable period of time;

(14) the demonstration by the child's parent,
guardian or family of adequate parenting skills, including
providing the child and other children under the family's care
with:

(a) adequate health and nutritional
care;

(b) nurture, care and appropriate
discipline consistent with the child's physical and
psychological development;

(c) guidance and supervision consistent
with the child's safety;

(d) a safe home environment;

(e) protection from exposure to violence
in the child's home; and

(f) an understanding of the child's
needs and capabilities; and

(15) the availability of an adequate social
support system for the child consisting of an extended family
and friends.

C. No placement preference shall create a
presumption that reunification with a parent, guardian or
custodian is in the best interests of the child.

D. At each custody, disposition, judicial review
and permanency hearing, the court shall enter written findings
identifying the placement selected, the reasons the placement
serves the best interests of the child and, if applicable, the
reason higher-priority placements were rejected."

SECTION 13.
TEMPORARY PROVISION--RULES.--The children,
youth and families department shall no later than September 30,
2026 adopt and promulgate rules to carry out the provisions of
this act.

SECTION 14.
APPLICABILITY.--Nothing in this act shall be
construed to invalidate or reopen a final judgment or an order
entered before the effective date of this act. The provisions
of this act shall apply to:

A. all matters and proceedings under the Abuse and
Neglect Act pending or commenced on or after the effective date
of this act and shall govern any hearing, determination,
finding, disposition or order made on or after that date,
regardless of when the case was originally filed;

B. all actions performed by the children, youth and
families department under the Abuse and Neglect Act, including
decisions, assessments or recommendations regarding treatment
or service plans, placements, permanency, case plans or any
other function performed by the department, on or after the
effective date of this act, including actions performed in
connection with a case that was pending before that date; and

C. all matters, issues and determinations arising
under the Abuse and Neglect Act on or after the effective date
of this act.

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