HOUSE BILL 293

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

INTRODUCED BY

Rebecca Dow and Andrea Reeb

AN ACT

RELATING TO CHILDREN; CREATING THE EARLY CHILDHOOD EDUCATION AND CARE DEPARTMENT INVESTIGATION TEAM; ESTABLISHING INVESTIGATION UNITS AND A TEAM COORDINATOR; REQUIRING REPORTING; REQUIRING RULES.

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

     SECTION 1. A new section of the Early Childhood Education and Care Department Act is enacted to read:

     "[NEW MATERIAL] EARLY CHILDHOOD EDUCATION AND CARE DEPARTMENT INVESTIGATION TEAM CREATED--TEAM COORDINATOR--DUTIES--WRITTEN FINDINGS--REPORTS.--

          A. The "early childhood education and care department investigation team" is created within the department. The team consists of a team coordinator, locally assigned early childhood education and care department investigation units and other personnel necessary to carry out the duties of the team. The team is responsible for investigating reports of critical incidents and serious critical incidents referred to the team by the department.

          B. The team coordinator shall:

                (1) handle all aspects of the intake of reports of critical incidents and serious critical incidents directed to the early childhood education and care department investigation team, including documentation and recordkeeping, tracking and transparency as necessary for each report;

                (2) immediately assign the appropriate investigation unit to investigate each report directed to the early childhood education and care department investigation team;

                (3) assist in an ongoing manner each investigation unit with coordination and collaboration with local law enforcement as necessary or appropriate; and

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

          C. An early childhood education and care department

investigation unit shall investigate reports of critical incidents and serious critical incidents of a child that occur in a program or facility receiving funds from the department located in the unit's local area of authority as determined and assigned by the team coordinator. An investigation initiated pursuant to this section:

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

                (2) shall include, as appropriate, interviews with the alleged victim, witnesses and program or facility staff;

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

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

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

                (6) shall be completed within sixty days of assignment unless the team coordinator documents good cause for an extension.

          D. In conducting an investigation of critical incidents or serious critical incidents alleged to have occurred at a program or facility receiving funds from the department, the investigation unit shall be provided immediate and unrestricted access to:

                (1) the alleged victim;

                (2) program or facility administrators and staff;

                (3) the physical premises of the program or facility; and

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

          E. The program or facility receiving funds from the department and its employees shall cooperate fully with the investigation unit and shall not obstruct, interfere with or retaliate against any person who makes a report, participates in an interview or otherwise assists the unit.

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

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

                (1) be conducted privately;

                (2) be documented in an investigation record; and

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

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

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

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

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

                     (a) the allegation of a critical incident or a serious critical incident is or is not substantiated by a preponderance of evidence;

                     (b) concerns that are identified regarding a caregiver with a program or facility or the program or facility as a whole; or

                     (c) the critical incident or serious critical incident was referred to law enforcement; and

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

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

                     (b) the administrator, director or similarly titled manager of the program or facility where the alleged incident occurred; and

                     (c) appropriate law enforcement if the investigation unit suspects criminal activity.

          K. At the conclusion of an investigation, in its written findings, the investigation unit shall, as appropriate, require corrective actions or monitoring to ensure that the program or facility is compliant with the applicable licensing or contract requirements.

          L. As used in this section:

                (1) "critical incident" means any action or inaction that implicates the well-being or safety of a child in a program or facility receiving funds from the department; and

                (2) "serious critical incident" means any action in violation of:

                     (a) the Abuse and Neglect Act;

                     (b) Section 30-6-3 or 30-6-4 NMSA 1978;

                     (c) the Sexual Exploitation of Children Act;

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

                     (e) rules adopted by the department."

     SECTION 2. TEMPORARY PROVISION--RULES.--The early childhood education and care department shall adopt and promulgate rules to carry out the provisions of this act no later than September 30, 2026.

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