HOUSE BILL 308
57th legislature - STATE OF NEW MEXICO - second session, 2026
INTRODUCED BY
Rebecca Dow and Marian Matthews
AN ACT
RELATING TO GOVERNMENT REORGANIZATION; REMOVING THE SUBSTITUTE CARE ADVISORY COUNCIL FROM ADMINISTRATIVE ATTACHMENT TO THE REGULATION AND LICENSING DEPARTMENT; ADMINISTRATIVELY ATTACHING THE SUBSTITUTE CARE ADVISORY COUNCIL TO THE ATTORNEY GENERAL; PROVIDING FOR TRANSFERS OF THE SUBSTITUTE CARE ADVISORY COUNCIL AND COUNCIL FUNCTIONS, PERSONNEL, APPROPRIATIONS, MONEY, PROPERTY AND CONTRACTUAL OBLIGATIONS FROM THE REGULATION AND LICENSING DEPARTMENT TO THE ATTORNEY GENERAL; AMENDING AND REPEALING SECTIONS OF THE NMSA 1978; MAKING AN APPROPRIATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 32A-8-2 NMSA 1978 (being Laws 1993, Chapter 77, Section 204, as amended) is amended to read:
"32A-8-2. PURPOSE OF ACT.--The purpose of the Citizen Substitute Care Review Act is to provide a permanent system for independent and objective monitoring of children placed in the custody of the department by examining the policies, procedures and practices of the department and [where appropriate] specific cases to evaluate the extent to which the department is effectively discharging its child protection responsibilities."
SECTION 2. Section 32A-8-4 NMSA 1978 (being Laws 1993, Chapter 77, Section 206, as amended) is amended to read:
"32A-8-4. SUBSTITUTE CARE ADVISORY COUNCIL--MEMBERS--COMPENSATION--RESPONSIBILITIES--ADVISORY COMMITTEE.--
A. The "substitute care advisory council" is created and, in accordance with the provisions of Section 9-1-7 NMSA 1978, is administratively attached to the [regulation and licensing department] attorney general. The general purpose of the council is to oversee substitute care review boards in their monitoring of children placed in the custody of the children, youth and families department [to identify systemic policy issues regarding substitute care]. The council shall exercise its functions independently. The council shall be composed of nine [persons] voting members, including:
(1) the secretary of public education or the secretary's designee;
(2) the secretary of [human services] health care authority or the secretary's designee;
(3) the secretary of [finance and administration] early childhood education and care or the secretary's designee;
(4) the secretary of health or the secretary's designee;
(5) two public members, appointed by the governor, who:
(a) are at least eighteen and no more than thirty years of age at the time of appointment; and
(b) were previously placed in substitute care;
(6) two public members, appointed by the governor, who have expertise in the area of child welfare; and
(7) one children's court judge, appointed by the governor.
B. The council may hire staff and contract for services to carry out the purposes of the Citizen Substitute Care Review Act. Except as provided pursuant to Paragraph (7) of Subsection A of this section, a person or a relative of a person employed by the department, the attorney general or a district court shall not serve on the council.
C. Terms of office of public members of the council shall be three years. Public members shall be eligible for reappointment. In the event that a vacancy occurs among the members of the council, the governor shall appoint another person to serve the unexpired portion of the term.
D. The council shall select a chairperson, a vice chairperson and other officers as it deems necessary.
E. The council shall meet no less than twice annually and more frequently upon the call of the chairperson.
F. The council shall adopt reasonable rules relating to the functions and procedures of the substitute care review boards and the council in accordance with the duties of the boards as provided in the Citizen Substitute Care Review Act. These rules shall:
(1) establish training requirements for substitute care review board members;
(2) establish criteria for council designation of cases for substitute care review board review;
(3) establish procedures for substitute care review board review of designated cases;
(4) establish criteria for membership and tenure on and operating procedures for substitute care review boards;
(5) specify the information needed for designated cases to be monitored by substitute care review boards; and
(6) specify case information to be tracked and reported to the council.
G. When adopting rules establishing criteria for designation of cases for substitute care review board review, the council shall weigh the importance of the following factors, including:
(1) sibling placements;
(2) the frequency and severity of neglect or abuse;
(3) the behavioral health status of household members;
(4) the placement of children in households where there are no relatives of the children;
(5) data related to demographics; and
(6) relevant trend data.
H. The council shall review and coordinate the activities of the substitute care review boards and make a report with its recommendations to the department, the courts and the appropriate legislative interim committees, on or before November 1 of each year, regarding statutes, rules, policies and procedures relating to substitute care. This report shall include recommendations for any changes to substitute care review boards.
I. Council members shall receive per diem and mileage as provided for nonsalaried public officers in the Per Diem and Mileage Act; provided that, if a different provision of that act applies to a specific member, that member shall be paid pursuant to that applicable provision. Members shall receive no other compensation, perquisite or allowance.
J. The council shall appoint by October 1 of each year a six-member advisory committee from a list of substitute care review board members that the substitute care review boards shall nominate. The advisory council shall meet with the council at least once per year to advise the council on matters relating to substitute care review. Advisory committee members shall serve terms of one year and may be reappointed."
SECTION 3. Section 32A-8-5 NMSA 1978 (being Laws 1993, Chapter 77, Section 207, as amended) is amended to read:
"32A-8-5. SUBSTITUTE CARE REVIEW BOARDS--APPOINTMENTS--EXCLUSION--TERMS--TRAINING--COMPENSATION--MEETINGS.--
A. The council shall establish no fewer than three substitute care review boards and, in each judicial district established pursuant to Section 34-6-1 NMSA 1978, no more than the following number of substitute care review boards:
(1) two substitute care review boards in the first judicial district;
(2) three substitute care review boards in the second judicial district;
(3) one substitute care review board in the third judicial district;
(4) two substitute care review boards in the fourth judicial district;
(5) two substitute care review boards in the fifth judicial district;
(6) two substitute care review boards in the sixth judicial district;
(7) two substitute care review boards in the seventh judicial district;
(8) two substitute care review boards in the eighth judicial district;
(9) one substitute care review board in the ninth judicial district;
(10) one substitute care review board in the tenth judicial district;
(11) two substitute care review boards in the eleventh judicial district;
(12) two substitute care review boards in the twelfth judicial district; and
(13) two substitute care review boards in the thirteenth judicial district.
B. The council, or a contractor performing services for the council pursuant to Subsection B of Section 32A-8-4 NMSA 1978, shall provide administrative support to substitute care review boards in accordance with the Citizen Substitute Care Review Act and rules that the council has adopted.
C. A person or a relative of a person employed by the [department of finance and administration, the] children, youth and families department, the [human services department] health care authority, the public education department, the department of health, the attorney general, a contractor of the council or a district court shall not serve on a substitute care review board.
D. The composition of each substitute care review board shall be broadly representative of the community in which the board serves and include members with expertise in the prevention and treatment of child abuse and neglect and may include adult former victims of child abuse or neglect.
E. Each substitute care review board shall meet at least once per quarter to review cases designated in accordance with council rules.
F. Substitute care review board members may receive per diem and mileage as provided for nonsalaried public officers in the Per Diem and Mileage Act; provided that, if a different provision of that act applies to a specific member, that member shall be paid pursuant to that applicable provision. Members shall receive no other compensation, perquisite or allowance.
G. Upon request of the council, a substitute care review board shall prepare a report summarizing its activities. These reports shall not contain confidential information."
SECTION 4. REPEAL.--Section 32A-8-7 NMSA 1978 (being Laws 1993, Chapter 77, Section 209, as amended) is repealed.
SECTION 5. TEMPORARY PROVISIONS--TRANSFER--FUNDS--CONTRACTS--PERSONNEL.--On the effective date of this act:
A. all functions, records, personnel, appropriations, money, furniture, property, equipment and supplies of the regulation and licensing department relating to the Citizen Substitute Care Review Act shall be transferred from the regulation and licensing department to the attorney general;
B. all appropriations, contract funds and funds for contract administration and staff, the cost of substitute care advisory council per diem and travel, training and all other costs relating to the Citizen Substitute Care Review Act shall be transferred from the regulation and licensing department to the attorney general; and
C. all existing rules and regulations, contracts and agreements of the regulation and licensing department relating to the statewide system of substitute care review boards shall be binding and effective on the attorney general.
SECTION 6. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2026.
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