SENATE BILL 165

50th legislature - STATE OF NEW MEXICO - first session, 2011

INTRODUCED BY

Linda M. Lopez

ENDORSED BY THE COURTS, CORRECTIONS AND JUSTICE COMMITTEE

AN ACT

RELATING TO COURTS; REQUIRING THE CHILDREN, YOUTH AND FAMILIES DEPARTMENT TO CONDUCT BACKGROUND CHECKS BEFORE AN INDIVIDUAL MAY PROVIDE SERVICES PURSUANT TO THE SAFE EXCHANGE AND SUPERVISED VISITATION PROGRAM.

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

     SECTION 1. Section 40-12-5.1 NMSA 1978 (being Laws 2001, Chapter 201, Section 2, as amended) is amended to read:

     "40-12-5.1. SAFE EXCHANGE AND SUPERVISED VISITATION PROGRAM.--

          A. A judicial district may establish a "safe exchange and supervised visitation program" by local court rule approved by the supreme court. The safe exchange and supervised visitation program shall be used when, in the opinion of the court, the best interests of the child are served if confrontation or contact between the parents is to be avoided during exchanges of custody or if contact between a parent and a child should be supervised. In a safe exchange and supervised visitation program, the district court may employ or contract with a person:

                (1) with whom a child may be left by one parent for a short period while waiting to be picked up by the other parent; or

                (2) to supervise visits among one or both parents and the child.

          B. A parent may request the services of the safe exchange and supervised visitation program or the court may order that the program be used.

          C. Parents shall pay the cost of the safe exchange and supervised visitation program pursuant to a sliding fee scale approved by the supreme court. The sliding fee scale shall be based on ability to pay for the service. The fees shall be paid to the district court to be credited to the fund.

          D. Prior to an individual providing services pursuant to this section, the children, youth and families department shall conduct criminal history records and background checks on the individual pursuant to Sections 32A-15-3 and 32A-15-4 NMSA 1978. The background checks shall include fingerprint-supported national criminal history records checks and screenings for abuse and neglect. The children, youth and families department shall have the final decision on whether the individual is suitable to provide services pursuant to this section."

     SECTION 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2011.

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