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

SPONSOR Komadina

ORIGINAL DATE

LAST UPDATED

3/14/07

HB

SHORT TITLE

Change Children, Youth and Families Department

Name

SB 157

ANALYST Lucero

ESTIMATED ADDITIONAL OPERATING BUDGET IMPACT (dollars in thousands)

FY07

FY08

FY09 3 Year

Total Cost

Recurring

or Non-Rec

Fund

Affected

Total

Indeterminate*

Non-

Recurring General

Fund

(Parenthesis ( ) Indicate Expenditure Decreases)

*See Narrative

SOURCES OF INFORMATION

LFC Files

Responses Received From

Children, Youth and Families Department (CYFD)

Aging and Long Term Services Department (ALTSD)

SUMMARY

Synopsis of Bill

Senate Bill 157 proposes to change the name of the Children, Youth and Families Department

(CYFD) to the Infants, Children, Youth and Families Department. The bill also transfers all

personnel, property, contracts and references in law.

The bill also amends the CYFD enacting legislation to identify the Infants, Children, Youth and

Families Department as the responsible agency for the administration of the Adult Protective

Services Act.

FISCAL IMPLICATIONS

The bill does not appropriate funds for costs associated with changing the name of the

Department such as: advertising and promotional item changes, publication changes, signage at

statewide locations, stationary, business forms and cards etc. These costs are unknown at this

time and are not funded.

Additionally, considerable costs would be incurred as all official CYFD policies would have to

be revised and those revisions promulgated, requiring publication of notice, public hearings, and

Senate Bill 157 – Page

2

inclusion in the State Register.

Due to what appears to be a technical issue (see below), proposed amendments to the Adult

Protective Services Act included in this bill do not reflect previously enacted legislation moving

that responsibility to the Aging and Long Term Services Department and, if enacted, this bill

appears to supersede that legislation thereby returning the responsibility to CYFD without

transferring the resources and funding.

SIGNIFICANT ISSUES

Currently, by definition of law, any person under the age of 18 is considered a child and

therefore infants are already included.

In addition to the fiscal concerns noted above, all references to CYFD in the New Mexico

Children’s Code (Chapter 32A) would have to be amended.

PERFORMANCE IMPLICATIONS

None identified

ADMINISTRATIVE IMPLICATIONS

Considerable administrative efforts would be required to make the required name change and

inform CYFD’s clients, customers, partner agencies and organizations, and contractors of the

name change. Additionally, federal agreements, grants, and contracts could be affected and need

modification.

CONFLICT, DUPLICATION, COMPANIONSHIP, RELATIONSHIP

None identified

TECHNICAL ISSUES

Sections 21-22, pages 22 (line 21) – 28 (line 12) reference the Adult Protective Services Act as

still begin the responsibility of CYFD contrary to legislation enacted in a prior session

transferring that responsibility to the Aging and Long Term Services Department.

Section 20 makes reference to the Adult Protective Services Act and changes the name of the

Department in charge of Adult Protective Services from the Children, Youth and Families

Department to the Infants, Children, Youth and Families Department. This directly conflicts with

the enabling legislation of the Aging and Long-Term Services Department, NMSA 9-23-1 to 9-

23-12 enacted in a prior session. The Aging and Long-Term Services Department is now in

charge of the Adult Protective Services Division which is responsible for the administration of

the Adult Protective Services Act. Furthermore, legislation is being introduced this session to

amend the Adult Protective Services Act, which would create further conflicts with this bill if

this section remains.

Section 21 further relates to the Adult Protective Services Act and amends the Long-Term Care

Ombudsman Act to change the name of the agency responsible for that act from the State

Agency on Aging to the Aging and Long-Term Services Department. Al-though the name has

Senate Bill 157 – Page

3

changed from Agency on Aging to the Aging and Long-Term Ser-vices Department, NMSA 9-

23-1 to 9-23-12 already made that change. Since this section is in further reference to the APS

Act, which is being amended this session, additional statutory conflict could occur if this section

remains.

OTHER SUBSTANTIVE ISSUES

CYFD recognizes the importance of infant and parent services and is strongly emphasizing such

program development.

ALTERNATIVES

Sections 20 and 21 should be deleted, as they pertain to the Adult Protective Services, which has

been completely transferred to the Aging and Long Term Services Department.

WHAT WILL BE THE CONSEQUENCES OF NOT ENACTING THIS BILL

Status Quo

DL/nt