HOUSE BILL 86

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

INTRODUCED BY

Eleanor Chávez

 

 

 

 

 

AN ACT

RELATING TO CHILD WELFARE; CREATING THE CHILDREN, YOUTH AND FAMILIES COMMISSION; PROVIDING FOR APPOINTMENTS; PROVIDING FOR A SUPERINTENDENT OF CHILDREN, YOUTH AND FAMILIES; PROVIDING POWERS AND DUTIES; AMENDING, REPEALING, ENACTING AND RECOMPILING SECTIONS OF THE NMSA 1978; PROVIDING A CONTINGENT EFFECTIVE DATE.

 

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. "child" means a person who is less than eighteen years old;

          [D. "council" means the substitute care advisory council established pursuant to Section 32A-8-4 NMSA 1978;]          D. "commission" means the children, youth and families commission;

          E. "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. "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. "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. "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. "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. "foster parent" means a person, including a relative of the child, licensed or certified by the department or a child placement agency to provide care for children in the custody of the department or agency;

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

          M. "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. "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. "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] not:

                (1) married; or

                (2) emancipated;

          P. "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. "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. "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 United States 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;

          S. "judge", when used without further qualification, means the judge of the court;

          T. "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 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. "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. "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. "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 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;

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

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

          [AA.] Z. "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.] AA. "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.] BB. "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.] CC. "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;]

          DD. "superintendent" means the superintendent of children, youth and families;

          [FF.] EE. "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.] FF. "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.] GG. "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 "Children, Youth and Families Department 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] CHILDREN, YOUTH AND FAMILIES COMMISSION.--

          A. The "children, youth and families commission" is created to establish operational policy in compliance with law and generally direct the operations of the department.

          B. The commission consists of three members, one each appointed by the governor, the speaker of the house of representatives and the president pro tempore of the senate. No more than two members shall be from the same political party. The terms of members shall be for six years staggered; provided that the initial term for the member appointed by the governor shall be two years, for the member appointed by the speaker of the house of representatives shall be four years and for the member appointed by the president pro tempore of the senate shall be six years. Members shall be appointed by July 1, 2027, and the full transition from cabinet department to independent adjunct agency shall occur by January 1, 2028. A vacancy on the commission shall be filled by appointment by the original appointing authority.

          C. A member may be removed for malfeasance, misfeasance or neglect of duty, and the supreme court has exclusive original jurisdiction for the removal of a member.

          D. The members shall elect a chair. A majority of the members shall constitute a quorum for the transaction of business.

          E. The commission shall meet monthly to conduct business, including receiving reports from the superintendent, approving proposed rules and hearing testimony or comments from the public. Meetings may be held in Santa Fe or elsewhere in the state and shall be available to the public in person and online.

          F. Candidates for appointment shall be qualified by education; at least ten years' experience in social work, child psychology, behavioral health, juvenile justice, child welfare law or a similar field; and experience in successfully administering large social welfare agencies or provider organizations. A candidate or member shall not have any direct or indirect financial interest in any provider or other person that contracts with the department and shall not be related to the third degree of consanguinity or affinity to exempt employees of the department."

     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] COMMISSION--GENERAL POWERS AND DUTIES.--

          A. The commission may:

                (1) adopt reasonable procedural rules proposed by the department or on the commission's own motion to implement the laws for which the commission and the department are charged;

                (2) take administrative action by issuing orders and instructions not inconsistent with law to ensure implementation of and compliance with the provisions of law for which the commission or department is responsible and to have the department enforce those orders and instructions by appropriate administrative action in court;

                (3) delegate authority to the superintendent as the commission deems necessary and appropriate, clearly delineating the delegated authority and the limitations to that delegation; provided that the commission shall not delegate final policy or appeal matters;

                (4) sue and be sued;

                (5) approve grants, gifts and donations to the commission or the department; and

                (6) take testimony from a person during commission meetings and investigate or refer any issues brought to the commission's attention.

          B. The commission shall:

                (1) exercise general supervisory authority over the department;

                (2) appoint the superintendent of the department and approve the appointment of exempt employees of the department;

                (3) approve organizational changes that will enable the department to function more efficiently, economically and effectively, subject to provisions of law requiring or establishing specific organizational units;

                (4) approve the department's budgets and fix the compensation of department employees by adoption of a personnel classification and compensation plan; provided that the commission shall approve the classification and compensation of exempt employees;

                (5) approve contracts over a monetary limit established by the commission;

                (6) meet monthly to receive reports from the superintendent, take final action on rules and hear from the public; and

                (7) do such other things as necessary and allowable under the law to carry out the purposes of the Children's Code."

     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] DEPARTMENT CREATED--ORGANIZATION.--

          A. The "children, youth and families department" is created as an adjunct agency of the executive branch.

          B. The department consists of:

                (1) the office of the superintendent, including:

                     (a) the chief counsel and other department attorneys;

                     (b) the quality assurance bureau; and

                     (c) the tribal affairs bureau;

                (2) the administrative services division, including:

                     (a) the budget bureau;

                     (b) the employee support bureau;

                     (c) the human resources bureau;

                     (d) the information technology bureau; and

                     (e) procurement and contracts management;

                (3) the child and family welfare division, including:

                     (a) the foster care bureau; and

                     (b) the protective services bureau; and

                (4) the juvenile justice division, including:

                     (a) the corrections and rehabilitation bureau; and

                     (b) the juvenile probation bureau.

          C. The superintendent may appoint, with the approval of the commission, "directors" of such divisions as are established within the department. A director is exempt from the Personnel Act.

          D. The superintendent may establish within each division such "bureaus" as the superintendent deems necessary to carry out the provisions of the Children's Code or other laws for which the department is responsible. The superintendent shall employ a "chief" to be the administrative head of a bureau. The chief and all subsidiary employees of the department shall be covered by the provisions of the Personnel Act.

          E. The superintendent, with the approval of the commission, may organize the department and the divisions specified in Subsection B of this section and may transfer or merge functions between divisions in the interest of efficiency, economy and effectiveness. Any reorganization that changes the subdivisions of the department shall be reported to the legislature through the legislative council service.

          F. The organizational units of the department and the officers of those units specified by law shall 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 superintendent, who shall retain the final decision-making authority and responsibility for the administration of such powers and duties.

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

     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] SUPERINTENDENT--QUALIFICATIONS--APPOINTMENT--POWERS AND DUTIES.--

          A. The "superintendent of children, youth and families" is the head of the department and is responsible to the commission for the operation of the department. It is the duty of the superintendent to manage all operations of the department under the general supervision of the commission and to administer and enforce the laws with which the department or the superintendent is charged.

          B. The superintendent shall be appointed without reference or regard to party affiliation and solely on the ground of fitness to perform the duties of the office. Candidates shall be qualified by education and at least seven years' experience in a child welfare or juvenile justice field, including administration of child welfare or juvenile justice programs. The superintendent serves at the pleasure of the commission.

          C. To perform the duties of office, the superintendent shall have every power expressly enumerated in the law, whether granted to the superintendent, the department or any subdivision of the department, except when the subdivision is explicitly exempted from the power of the superintendent by statute. In accordance with these provisions, the superintendent shall:

                (1) delegate power to subordinates as deemed necessary and appropriate, clearly delineating the delegated power and the limitations to that power;

                (2) within the limitations of appropriations, employ and fix the compensation of professional, technical, clerical and stenographic assistants as provided in the Personnel Act; provided that a candidate for an exempt position shall be approved by the commission; and provided further that personnel classification and compensation shall be pursuant to the adopted plan of the commission;

                (3) propose to the commission any organizational changes as necessary to enable the department to function more efficiently, economically and effectively;

                (4) conduct research and studies that will improve the operation of the department and the provision of services to the children, youth and families of New Mexico;

                (5) provide professional development and practical training for employees and other persons involved in the provision of services to the department or the department's clients, foster families, guardians, custodians and any other persons that the department deems appropriate;

                (6) prepare a proposed budget and an annual budget for the department for approval by the commission;

                (7) provide cooperation and assistance at the request of agencies administratively attached to the department, other departments of the executive branch, the legislature and the judiciary to:

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

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

                     (c) resolve by agreement the manner and extent to which the department shall provide budgeting, recordkeeping and related clerical assistance to administratively attached agencies;

                (8) apply for and receive, with the commission's approval, any public or private funds, including federal funds, private grants, gifts and donations, available to the department to carry out the department's duties, programs and services;

                (9) draft proposed rules to implement state or federal law for commission approval; and

                (10) provide a monthly procurement and contract report to the commission, including contracts, small purchases and purchase orders as determined by the commission; provided that procurements and contracts over the amount specified in the Procurement Code as small purchases or purchase orders shall be approved by the commission."

     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] DEPARTMENT--ADDITIONAL DUTIES.--In addition to other duties provided by law or assigned to the department by the commission, the department shall, in consultation with the commission:

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

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

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

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

          F. propose rules for commission adoption to control disposition and placement of children under the Children's Code, 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, the early childhood education and care department and the department of health;

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

          I. implement prevention and early intervention as a departmental 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 children's cabinet;

          K. ensure that behavioral health services provided, including mental health and substance abuse services for children, adolescents and their families, shall be in compliance with statutory requirements;

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

          M. fingerprint and conduct statewide and nationwide criminal history record searches on all department employees and volunteers whose jobs involve unsupervised contact with department clients, including prospective employees and volunteers and employees who are promoted, transferred or hired into new positions that involve unsupervised contact with department clients."

     SECTION 8. Section 32A-19-1 NMSA 1978 (being Laws 1993, Chapter 77, Section 228, as amended) is recompiled as Section 32A-1A-7 NMSA 1978 and is amended to read:

     "32A-1A-7. QUALITY ASSURANCE [OFFICE] BUREAU.--

          A. The department shall maintain a quality assurance [office under] bureau in the office of the [secretary] superintendent.

          B. The purpose of the quality assurance [office shall be] bureau is to facilitate department efforts to efficiently implement the purposes of the Children's Code.

          C. In order to measure the quality of services provided, to facilitate satisfactory outcomes for children and families that receive services and to provide a continuing opportunity to improve service delivery, the quality assurance [office] 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 department's performance to determine whether the department 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, rules and regulations;

                (4) identify any deficiencies and recommend corrective action to the [secretary of the department] superintendent;

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

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

          D. The quality assurance [office] bureau shall contribute to and facilitate the publication of public reports assessing the performance of the department. The reports shall not disclose the identity of any [individual] person mentioned in the report, including children or families that receive or are eligible for services or any department employee."

     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] STAFF PROFESSIONAL OR OCCUPATIONAL LICENSURE.--The department shall ensure that employees of the department whose job titles or job descriptions require state or national licensure maintain those licenses in good standing. The superintendent may dismiss, suspend or reassign an employee who fails to maintain a required license in good standing. The employee may appeal a dismissal, suspension or reassignment pursuant to this section to the commission."

     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] PROHIBITION ON EMPLOYMENT FOR PERSONS WITH SUBSTANTIATED ALLEGATIONS OF CHILD ABUSE OR NEGLECT--PROHIBITION ON CONVICTED FELONS--DISCIPLINARY ACTION--CONFIDENTIALITY OF ABUSE AND NEGLECT RECORDS.--

          A. An employee or volunteer of the department, including a prospective employee, having direct unsupervised contact with department clients or the superiors of any such employee or volunteer shall not have been the subject of a substantiated allegation of child abuse or neglect unless the court, prior to or at a permanency review hearing, dismissed the case and returned custody to the employee or volunteer.

          B. An employee or volunteer of the department who has direct unsupervised contact with department clients, or the superiors of the employee or volunteer, shall not have been convicted of a felony offense that is directly related to the job duties of the employee or volunteer by a court of this state, any other state 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 department may be subject to increased supervision or disciplinary action pursuant to 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 agency was with just cause.

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

          E. In an appeal of an employee to the personnel board pursuant to 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 or any other party providing information and information that the department finds would be likely to endanger the life or safety of any person providing information to the department may be redacted."

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

          A. Department correctional officers 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 or the United States; and

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

          B. The department's correctional officers 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 person 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 department facility or while transporting a person committed to or under the supervision of the department;

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

                (3) engaged in any effort to pursue or apprehend a child or youth committed to or under the supervision of the department anywhere in the state.

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

          D. Crimes against a department correctional officer while in the lawful discharge of the officer's 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 law enforcement 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] JUVENILE JUSTICE PROGRAMS--LEGISLATIVE FINDINGS--FEDERAL GRANTS--ADVISORY COMMITTEE PURSUANT TO FEDERAL ACT--SUPERVISORY FUNCTION.--

          A. The legislature finds that pursuant to the federal Juvenile Justice and Delinquency Prevention Act of 1974, federal regulations and state law, the juvenile justice advisory committee is required to be given explicit power to continue to fulfill its duties in administering the federal funds made available to the state if that funding is to continue.

          B. The juvenile justice advisory committee appointed pursuant to the federal Juvenile Justice and Delinquency Prevention Act of 1974 shall be advisory to the department, except the committee shall serve as the "supervisory board" under that act and any applicable federal regulations.

          C. The juvenile justice advisory committee shall have 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 commission, 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 department, 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 department, receipt and review of 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 juvenile justice advisory committee and the department 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 department to eligible entities pursuant to that act.

          D. 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 department."

     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 CONTINUUM GRANT FUND--CREATED--PURPOSE--ADMINISTRATION--GRANT APPLICATIONS.--

          A. The "juvenile continuum grant fund" is created as a nonreverting fund in the state treasury. The fund shall be administered by the department and shall consist of appropriations, gifts, grants, donations and bequests made to the fund.

          B. Money in the juvenile continuum grant fund is subject to appropriation by the legislature to the department for awarding grants to juvenile justice continuums for the provision of cost-effective services and temporary, nonsecure alternatives to detention for juveniles arrested or referred to juvenile probation and parole or at a risk of such referral.

           C. A local or tribal government may apply for a grant from the juvenile continuum grant fund for a juvenile justice continuum within the local or tribal government's jurisdiction. The amount of the grant application shall not exceed sixty percent of the annual cost of the continuum. A local match of forty percent may consist of money, land, equipment or in-kind services.

          D. The commission shall adopt rules on qualifications for grants and specify the format, procedure and deadlines for grant applications. The juvenile justice advisory committee shall review all grant applications and submit those applications recommended for final approval to the department.

          E. Disbursements from the juvenile continuum grant fund shall be made upon vouchers issued and signed by the superintendent or the superintendent's authorized representative upon warrants drawn by the secretary of finance and administration.

          F. As used in this section, a "juvenile justice continuum" is a system of services and sanctions for juveniles arrested or referred to juvenile probation and parole or at risk of such referral and consists of a formal partnership among one or more units of local or tribal government, the children's court, the district attorney, the public defender, local law enforcement agencies, the public schools and other entities such as private nonprofit organizations, the business community and religious organizations. A juvenile justice continuum shall be established through a memorandum of understanding and a continuum board."

     SECTION 14. A new section of the Children's Code, Section 32A-1A-13 NMSA 1978, is enacted to read:

     "32A-1A-13. [NEW MATERIAL] ELECTRONIC RECORDS--RETENTION.--

          A. Employees of the department shall not erase data from the electronic devices issued by the department to employees for communication related to the performance of duties within the scope of their employment by the department.

          B. Electronic devices issued by the department to employees shall only include software and applications that are compliant with federal data retention and protection laws.

          C. The department shall implement a system, approved by the department of information technology, that will back up on a daily basis all electronic records generated or received by employees of the department related to the performance of the employees' duties within the scope of the employees' employment by the department.

          D. During the term of an employee's employment by the department, and for a period of at least seven years after the termination of an employee's employment by the department, the department shall retain all electronic records stored on electronic devices used by department employees and all electronic records that have been backed up from electronic devices used by department employees. The department shall back up the retained electronic records daily, monthly and annually.

          E. As used in this section:

                (1) "back up" means to electronically copy in a recoverable format to a searchable database maintained by the department all electronic records generated by or contained within an electronic device;

                (2) "electronic device" means a telephone, tablet, computer, watch or similar device used to generate, store or transfer information; and

                (3) "electronic records" means information generated by, transmitted by or stored on an electronic device, including electronic mail, voicemail, text and instant messages, documents and photographs, regardless of the platform being used, including interagency communications."

     SECTION 15. 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] superintendent of children, youth and families;

                (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 16. TEMPORARY PROVISION--TRANSITION AND IMPLEMENTATION.--The children, youth and families commission shall take office on July 1, 2027 and shall assist in the transition of the children, youth and families department from cabinet department to adjunct agency. During the transition, the commission may advertise for and interview superintendent of children, youth and families candidates preparatory to appointment and qualification on or after January 1, 2028.

     SECTION 17. RECOMPILATION.--Sections 9-2A-21, 9-2A-22 and 9-2A-24 NMSA 1978 (being Laws 2003, Chapter 324, Sections 3 and 4 and Laws 2010, Chapter 86, Section 1, as amended) are recompiled as Sections 32A-1A-14 through 32A-1A-16 NMSA 1978.

     SECTION 18. REPEAL.--Sections 9-2A-1 through 9-2A-20, 9-2A-23 and 9-2A-25 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; Laws 2007, Chapter 65, Section 2; and Laws 2025, Chapter 156, Section 2, as amended) are repealed.

     SECTION 19. CONTINGENT EFFECTIVE DATE.--If the secretary of state certifies that the constitution of New Mexico has been amended as proposed by a joint resolution of the second session of the fifty-seventh legislature entitled "PROPOSING AN AMENDMENT TO THE CONSTITUTION OF NEW MEXICO BY ADDING A NEW SECTION TO ARTICLE 5 TO PROVIDE FOR THE CREATION OF THE CHILDREN, YOUTH AND FAMILIES COMMISSION TO MAKE POLICY FOR AND DIRECT THE OPERATIONS OF A STATE AGENCY OF THE EXECUTIVE BRANCH RESPONSIBLE FOR CHILD WELFARE AS PROVIDED BY LAW.", the effective date of the provisions of:

          A. Sections 1 through 15, 17 and 18 of this act is January 1, 2028; and

          B. Section 16 of this act is July 1, 2027.

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