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F I S C A L I M P A C T R E P O R T

SPONSOR Heaton

DATE TYPED 1/26/04

HB 34

SHORT TITLE Programs Affecting New Mexico Children

SB

ANALYST Baca

APPROPRIATION

Appropriation Contained Estimated Additional Impact Recurring

or Non-Rec

Fund

Affected

FY05

FY06

FY05

FY06

$1,031.2

Recurring General Fund

(Parenthesis ( ) Indicate Expenditure Decreases)

Duplicates SB 180

Relates to Appropriation in the General Appropriation Act

SOURCES OF INFORMATION

LFC Files

Responses Received From

Administrative Office of the Courts (AOC)

Children Youth and Families Department (CYFD)

SUMMARY

Synopsis of Bill

House Bill 34 appropriates a total of $1,031,195 to the Administrative Office of the Courts

(AOC) for expenditure in FY06 for the following purposes:

House Bill 34 -- Page 2

Judicial Unit Amount Purpose

AOC

$356,313 for the court appointed attorney fees fund to increase the

number of compensated hours paid statewide to attorneys in

abuse and neglect cases

AOC

$305,676 to replace federal grant funds for mediation services in abuse

and neglect cases in the second, fifth, sixth, seventh, eleventh

and thirteen judicial districts, expand mediation services to

additional judicial districts and fund network services for

training and quality assurance

AOC

$128,248 to expand existing court appointed special advocate (CASA)

programs in the fourth, fifth, sixth, seventh, eleventh, twelfth

and thirteen judicial districts and add new programs in the

sixth and thirteenth judicial districts

AOC

$240,958

to maintain existing access and visitation programs in the first,

second, fifth, ninth, and thirteen judicial districts, add new

programs to additional judicial districts and fund network

services for training and quality assurance

Significant Issues

According to CYFD, the bill continues funding to existing programs expands visitation and net-

work services and replaces federal grant funds for mediation services. Further, the CYFD states

that the number of abuse and neglect reports accepted for investigation has increases 10% in the

last year, and the number of children in care has increased 15%.The AOC reports that this bill

provides funding for court services for the state’s most vulnerable population: children who are

the victims of abuse and neglect.

PERFORMANCE IMPLICATIONS

AOC and CYFD report that funding existing and enhanced judicial services decreases the likeli-

hood of repeat maltreatment and will enable the respective agencies to more efficiently and ef-

fectively carry out their assigned responsibilities.

FISCAL IMPLICATIONS

The appropriation of $1,031,195 contained in this bill is a recurring expense to the general fund.

Any unexpended or unencumbered balance remaining at the end of FY06 shall revert to the gen-

eral fund.

ADMINISTRATIVE IMPLICATIONS

The agencies receiving the appropriations will be able to implement the responsibilities with

minimal administrative impact.

House Bill 34 -- Page 3

DUPLICATIONLICT

HB34 duplicates SB 180, Programs Affecting New Mexico Children.

WHAT WILL BE THE CONSEQUENCES OF NOT ENACTING THIS BILL.

The AOC writes that:

“It has been difficult to make ends meet with the current funding available for these pro-

grams. If additional state funds are not allocated, some programs (Supervised Visitation

and the Children’s Court Mediation) will cease. The AOC may need to seek a supple-

mental appropriation to cover the costs of paying for court appointed attorneys as re-

quired by the constitution, statute, and case law.”

LB/lg