SENATE PUBLIC AFFAIRS COMMITTEE SUBSTITUTE FOR

SENATE BILL 574

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

AN ACT

RELATING TO THE CHILDREN, YOUTH AND FAMILIES DEPARTMENT; PROHIBITING EMPLOYEES, STAFF MEMBERS AND VOLUNTEERS AT THE CHILDREN, YOUTH AND FAMILIES DEPARTMENT, INCLUDING PROSPECTIVE EMPLOYEES, WHO HAVE DIRECT UNSUPERVISED CONTACT WITH DEPARTMENT CLIENTS AND THEIR SUPERIORS FROM CONTINUED EMPLOYMENT UPON SUBSTANTIATION OF AN ABUSE OR NEGLECT ALLEGATION; PROHIBITING ALL PERSONS WHO HAVE DIRECT UNSUPERVISED CONTACT WITH CHILDREN, YOUTH AND FAMILIES DEPARTMENT CLIENTS AND THOSE PERSONS' SUPERIORS FROM BEING EMPLOYEES, STAFF MEMBERS OR VOLUNTEERS AT THE CHILDREN, YOUTH AND FAMILIES DEPARTMENT IF CONVICTED OF A FELONY OFFENSE; ESTABLISHING JUST CAUSE FOR DISCIPLINE; PROVIDING THAT FINDINGS OF ABUSE OR NEGLECT BY THE CHILDREN, YOUTH AND FAMILIES DEPARTMENT ARE BINDING AND NON-APPEALABLE TO THE PERSONNEL BOARD; PROVIDING FOR THE DISCOVERY OF CONFIDENTIAL RECORDS IN HEARINGS BEFORE THE PERSONNEL BOARD OR ITS DESIGNATED HEARING OFFICER.

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

     SECTION 1. A new section of the Children, Youth and Families Department Act is enacted to read:

     "[NEW MATERIAL] PROHIBITION ON EMPLOYMENT FOR INDIVIDUALS WITH SUBSTANTIATED ALLEGATIONS OF CHILD ABUSE OR NEGLECT--PROHIBITION ON CONVICTED FELONS--DISCIPLINARY ACTION--CONFIDENTIALITY OF ABUSE AND NEGLECT RECORDS.--

          A. No employee, staff member or volunteer at the department, including prospective employees, having direct unsupervised contact with department clients, nor the superiors of any such employee, staff member or volunteer, shall have been the subject of a substantiated allegation of child abuse or neglect.

          B. No employee, staff member or volunteer at the department who has direct unsupervised contact with department clients, or the superiors of an employee, staff member or volunteer at the department who has direct unsupervised contact with department clients, shall have been convicted of a felony offense by a court of this state, any other state or the United States.

          C. Any employee or staff member subject to the Personnel Act who has been the subject of a substantiated allegation of abuse or neglect as investigated and determined by the department may be subject to dismissal under the Personnel Act, in which case a substantiated allegation of abuse or neglect as determined by the department shall constitute just cause and shall be binding on the personnel board, and the personnel board's designated hearing officer shall not have appellate jurisdiction over the department's findings or conclusions.

          D. An employee or a staff member of the department subject to dismissal under this section shall have no right to progressive discipline as a condition precedent to discipline under this section.

          E. In any appeal of an employee or staff member to the personnel board as provided by the Personnel Act, records that are otherwise confidential pursuant to the Abuse and Neglect Act shall be discoverable by the parties and admissible as to any relevant fact; provided that any identifying information related to the reporting party, any other party providing information and information the department finds would be likely to endanger the life or safety of any person providing information to the department may be redacted."

     SECTION 2. Section 9-2A-8 NMSA 1978 (being Laws 1992, Chapter 57, Section 8, as amended) is amended to read:

     "9-2A-8. DEPARTMENT--ADDITIONAL DUTIES.--In addition to other duties provided by law or assigned to the department by the governor, the department shall:

          A. develop priorities for department services and resources based on state policy and national best-practice standards and local considerations and priorities;

          B. strengthen collaboration and coordination in state and local services for children, youth and families by integrating critical functions as appropriate, including service delivery, and contracting for services across divisions and related agencies;

          C. develop and maintain a statewide database, including client tracking of services for children, youth and families;

          D. develop standards of service within the department that focus on prevention, monitoring and outcomes;

          E. analyze policies of other departments that affect children, youth and families to encourage common contracting procedures, common service definitions and a uniform system of access;

          F. enact regulations to control disposition and placement of children under the Children's Code, including regulations to limit or prohibit the out-of-state placement of children, including those who have developmental disabilities or emotional, neurobiological or behavioral disorders, when in-state alternatives are available;

          G. develop reimbursement criteria for licensed child care centers and licensed home providers establishing that accreditation by a department-approved national accrediting body is sufficient qualification for the child care center or home provider to receive the highest reimbursement rate paid by the department;

          H. assume and implement responsibility for children's mental health and substance abuse services in the state, coordinating with the human services department and the department of health;

          I. assume and implement the lead responsibility among all departments for domestic violence services;

          J. implement prevention and early intervention as a departmental focus;

          K. conduct biennial assessments of service gaps and needs and establish outcome measurements to address those service gaps and needs, including recommendations from the governor's children's cabinet and the children, youth and families advisory committee;

          L. ensure that behavioral health services provided, including mental health and substance abuse services for children, adolescents and their families, shall be in compliance with requirements of Section 9-7-6.4 NMSA 1978; and

          M. fingerprint and conduct nationwide criminal history record searches on all department employees, staff members and volunteers whose jobs involve direct contact with department clients, including prospective employees and employees who are promoted, transferred or hired into new positions, and the superiors of all department employees, staff members and volunteers who have direct unsupervised contact with department clients."

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