HOUSE BILL 197

55th legislature - STATE OF NEW MEXICO - second session, 2022

INTRODUCED BY

Rebecca Dow

 

 

 

 

 

AN ACT

RELATING TO THE CHILDREN, YOUTH AND FAMILIES DEPARTMENT; REPLACING THE SECRETARY OF CHILDREN, YOUTH AND FAMILIES WITH A GOVERNING BOARD.

 

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

     SECTION 1. Section 9-2A-3 NMSA 1978 (being Laws 1992, Chapter 57, Section 3) is amended to read:

     "9-2A-3. DEFINITIONS.--As used in the Children, Youth and Families Department Act:

          A. "board" means the governing board appointed pursuant to Section 9-2A-6 NMSA 1978; and

          [A.] B. "department" means the children, youth and families department [and

          B. "secretary" means the secretary of children, youth and families]."

     SECTION 2. Section 9-2A-4 NMSA 1978 (being Laws 1992, Chapter 57, Section 4, as amended) is amended to read:

     "9-2A-4. DEPARTMENT CREATED--DIVISIONS.--

          A. The "children, youth and families department" is created. The department is a cabinet department and consists of, but is not limited to, six divisions as follows:

                (1) the protective services division;

                (2) the juvenile justice division;

                (3) the prevention and intervention division;

                (4) the financial services division;

                (5) the employee support division; and

                (6) the information technology division.

          B. The [secretary] board is empowered to organize the department and the divisions specified in Subsection A of this section and may transfer or merge functions between divisions in the interest of efficiency and economy.

          [C. The governor is empowered to merge divisions and to abolish or create divisions of the department by executive order in the interest of efficiency and economy.]"

     SECTION 3. Section 9-2A-6 NMSA 1978 (being Laws 1992, Chapter 57, Section 6) is repealed and a new Section 9-2A-6 NMSA 1978 is enacted to read:

     "9-2A-6. [NEW MATERIAL] GOVERNING BOARD.--

          A. The administration of the department shall be the responsibility of the board appointed pursuant to this section. The board shall be responsible for directing the activities of the department.

          B. The board shall have three members appointed as follows:

                (1) one member appointed by the governor with the consent of the senate; provided that this member shall serve at the pleasure of the governor;

                (2) one member appointed by a two-thirds' vote of the senate; and

                (3) one member appointed by a two-thirds' vote of the house of representatives.

          C. Members of the board shall serve four-year terms.

          D. A vacancy in the term of a board member appointed pursuant to Paragraph (1) of Subsection B of this section shall be filled by the governor.

          E. A member of the board appointed by the governor shall serve and have all the duties, responsibilities and authority of that office during the period of time prior to final action by the senate confirming or rejecting the board member's appointment.

          F. A vacancy in the term of a board member appointed pursuant to Paragraph (2) or (3) of Subsection B of this section shall be filled by a two-thirds' vote of the New Mexico legislative council for the remainder of the original term.

          G. The board shall elect a chair who shall serve in the executive cabinet."

     SECTION 4. Section 9-2A-7 NMSA 1978 (being Laws 1992, Chapter 57, Section 7, as amended) is amended to read:

     "9-2A-7. [SECRETARY] BOARD--DUTIES AND GENERAL POWERS.--

          A. The [secretary] board is responsible [to the governor] for the operation of the department. It is the [secretary's] board's duty to manage all operations of the department and to administer and enforce the laws with which [he] the board or the department is charged.

          B. To perform [his] the board's duties, the [secretary] board has every power expressly enumerated in the law, whether granted to the [secretary] board, the department or any division of the department, except when any division is explicitly exempted from the [secretary's] board's power by statute. In accordance with these provisions, the [secretary] board shall:

                (1) except as otherwise provided in the Children, Youth and Families Department Act, exercise general supervisory and appointing power over all department employees, subject to applicable personnel laws and regulations;

                (2) delegate power to subordinates as [he] the board deems necessary and appropriate, clearly delineating such delegated power and the limitations to that power;

                (3) organize the department into organizational units as necessary to enable it to function most efficiently, subject to any provisions of law requiring or establishing specific organizational units;

                (4) within the limitations of available appropriations and applicable laws, employ and fix the

compensation of those persons necessary to discharge [his] the board's duties;

                (5) take administrative action by issuing orders and instructions, not inconsistent with law, to assure implementation of and compliance with the provisions of law for which administration or execution [he] the board is responsible and to enforce those orders and instructions by appropriate administrative action in the courts;

                (6) conduct research and studies that will improve the operation of the department and the provision of services to the citizens of the state;

                (7) provide courses of instruction and practical training for employees of the department and other persons involved in the administration of programs with the objectives of improving the operations and efficiency of administration and of promoting comprehensive, coordinated, culturally sensitive services that address the whole child;

                (8) prepare an annual budget for the department;

                (9) provide cooperation, at the request of administratively attached agencies and adjunct agencies, in order to:

                     (a) minimize or eliminate duplication of services and jurisdictional conflicts;

                     (b) coordinate activities and resolve problems of mutual concern; and

                     (c) resolve by agreement the manner and extent to which the department shall provide budgeting, recordkeeping and related clerical assistance to administratively attached agencies; and

                (10) provide for surety bond coverage for all employees of the department as provided in the Surety Bond Act. The department shall pay the costs of [such] the bonds.

          C. The [secretary] board may apply for and receive, with the governor's approval, in the name of the department, any public or private funds, including United States government funds, available to the department to carry out its programs, duties or services.

          D. The [secretary] board may make and adopt such reasonable and procedural rules and regulations as may be necessary to carry out the duties of the department and its divisions. No rule or regulation promulgated by the director of any division in carrying out the functions and duties of the division shall be effective until approved by the [secretary] board. Unless otherwise provided by statute, no regulation affecting any person or agency outside the department shall be adopted, amended or repealed without a public hearing on the proposed action before the [secretary] board or a hearing officer designated by the [secretary] board. The public hearing shall be held in Santa Fe unless otherwise permitted by statute. Notice of the subject matter of the regulation, the action proposed to be taken, the time and place of the hearing, the manner in which interested persons may present their views and the method by which copies of the proposed regulation or proposed amendment or repeal of an existing regulation may be obtained shall be published once at least thirty days prior to the hearing date in a newspaper of general circulation and mailed at least thirty days prior to the hearing date to all persons who have made a written request for advance notice of hearing. All rules and regulations shall be filed in accordance with the State Rules Act.

          E. If the [secretary] board certifies to the secretary of finance and administration and gives contemporaneous notice of such certification through the human services register that the department has insufficient state funds to operate any of the programs it administers and that reductions in services or benefit levels are necessary, the [secretary] board may engage in interim rulemaking. Notwithstanding any provision to the contrary in the State Rules Act, interim rulemaking shall be conducted pursuant to Subsection D of this section, except:

                (1) the period of notice of public hearing shall be fifteen days;

                (2) the department shall send individual notices of the interim rulemaking and of the public hearing to affected providers and beneficiaries;

                (3) rules and regulations promulgated [under] pursuant to the provisions of this subsection shall be in effect not less than five days after the public hearing;

                (4) rules and regulations promulgated under this subsection shall not be in effect for more than ninety days; and

                (5) if final rules and regulations are necessary to replace the interim rules and regulations, the department shall give notice of intent to promulgate final rules and regulations at the time of notice herein. The final rules and regulations shall be promulgated not more than forty-five days after the public hearing and filed in accordance with the State Rules Act.

          F. Except when the former position of secretary of children, youth and families has responsibilities pursuant to statutes or rules acting in an ex-officio capacity, all references to the secretary of children, youth and families shall be deemed to be references to the board. When the former position of secretary of children, youth and families has responsibilities pursuant to statutes or rules acting in an ex-officio capacity, all references to the secretary of children, youth and families shall be deemed to be references to the member of the board appointed by the governor."

     SECTION 5. Section 9-2A-9 NMSA 1978 (being Laws 1992, Chapter 57, Section 9) is amended to read:

     "9-2A-9. ORGANIZATIONAL UNITS OF THE DEPARTMENT--POWERS AND DUTIES SPECIFIED BY LAW--ACCESS TO INFORMATION.--

          A. Those organizational units of the department and the officers of those units specified by law shall have all of the powers and duties enumerated in the specific laws involved. However, the carrying out of those powers and duties shall be subject to the direction and supervision of the [secretary] board, who shall retain the final decision-making authority and responsibility for the administration of any such laws as provided in Subsection B of Section [7 of the Children, Youth and Families Department Act] 9-2A-7 NMSA 1978.

          B. The department shall have access to all records, data and information of other state departments that are not specifically held confidential by law."

     SECTION 6. Section 9-2A-10 NMSA 1978 (being Laws 1992, Chapter 57, Section 10) is amended to read:

     "9-2A-10. DIVISION DIRECTORS.--The [secretary] board may appoint [with the approval of the governor] "directors" of such divisions as are established within the department. Directors are exempt from the Personnel Act."

     SECTION 7. Section 9-2A-11 NMSA 1978 (being Laws 1992, Chapter 57, Section 11) is amended to read:

     "9-2A-11. BUREAUS--CHIEFS.--The [secretary] board may establish within each division such "bureaus" as [he] the board deems necessary to carry out the provisions of the Children, Youth and Families Department Act. [He] The board shall [appoint] employ a "chief" to be the administrative head of any such bureau. The chief and all subsidiary employees of the department shall be covered by the provisions of the Personnel Act."

     SECTION 8. Section 9-2A-14.1 NMSA 1978 (being Laws 2007, Chapter 351, Section 1) is amended to read:

     "9-2A-14.1. JUVENILE CONTINUUM GRANT FUND--CREATED--PURPOSE--ADMINISTRATION--GRANT APPLICATIONS.--

          A. The "juvenile continuum grant fund" is created as a nonreverting fund in the state treasury. The fund shall be administered by the children, youth and families department and shall consist of appropriations, gifts, grants, donations and bequests made to the fund.

          B. Money in the juvenile continuum grant fund is subject to appropriation by the legislature to the children, youth and families department for awarding grants to juvenile justice continuums for the provision of cost-effective services and temporary, nonsecure alternatives to detention for juveniles arrested or referred to juvenile probation and parole or at a risk of such referral.

           C. A local or tribal government may apply for a grant from the juvenile continuum grant fund for a juvenile justice continuum within its jurisdiction. The amount of the grant application shall not exceed sixty percent of the annual cost of the continuum. A local match of forty percent may consist of money, land, equipment or in-kind services.

          D. The children, youth and families department shall adopt rules on qualifications for grants and specify the format, procedure and deadlines for grant applications. The juvenile justice advisory committee shall review all grant applications and submit those applications recommended for final approval to the [secretary of children, youth and families] board.

          E. Disbursements from the juvenile continuum grant fund shall be made upon vouchers issued and signed by the [secretary of children, youth and families] board or the [secretary's] board's designee upon warrants drawn by the secretary of finance and administration.

          F. As used in this section, a "juvenile justice continuum" is a system of services and sanctions for juveniles arrested or referred to juvenile probation and parole or at risk of such referral and consists of a formal partnership among one or more units of local or tribal governments, the children's court, the district attorney, the public defender, local law enforcement agencies, the public schools and other entities such as private nonprofit organizations, the business community and religious organizations. A juvenile justice continuum shall be established through a memorandum of understanding and a continuum board."

     SECTION 9. Section 9-2A-22 NMSA 1978 (being Laws 2003, Chapter 324, Section 4, as amended) is amended to read:

     "9-2A-22. YOUTH ALLIANCE COORDINATOR--POSITION CREATED--DUTIES.--

          A. The position of "youth alliance coordinator" is created in the office of the [secretary of children, youth and families] board to organize, administer and coordinate youth alliance activities.

          B. The coordinator shall:

                (1) oversee the recruitment and selection of alliance members;

                (2) organize alliance meetings, at least four of which shall include the lieutenant governor and the children's cabinet and at least two of which shall include the governor;

                (3) assist the alliance in preparing an annual report on its activities and findings; and

                (4) act as a liaison between the alliance and the children's cabinet, the legislature and other government officials to ensure their involvement in activities related to children and youth."

     SECTION 10. Section 9-2A-24 NMSA 1978 (being Laws 2010, Chapter 86, Section 1) is amended to read:

     "9-2A-24. NEW MEXICO DOMESTIC VIOLENCE LEADERSHIP COMMISSION--MEMBERSHIP--DUTIES.--

          A. The "New Mexico domestic violence leadership commission" is created and is administratively attached to the children, youth and families department.

          B. The New Mexico domestic violence leadership commission shall consist of twenty-six members appointed by the governor, unless otherwise specified, including:

                (1) a representative from the office of the governor;

                (2) the attorney general or the attorney general's designee;

                (3) a state senator appointed by the senate president pro tempore;

                (4) a state representative appointed by the speaker of the house of representatives;

                (5) a representative from the department of public safety;

                (6) the [secretary of children, youth and families] board or the [secretary's] board's designee;

                (7) a representative from the judiciary;

                (8) the president of the New Mexico district attorney's association or the president's designee;

                (9) the chief public defender or the chief public defender's designee;

                (10) a representative from the corrections department;

                (11) a representative from a law enforcement agency;

                (12) a representative from New Mexico legal aid;

                (13) a representative from the department of health;

                (14) a representative from the New Mexico coalition against domestic violence or an equivalent organization;

                (15) a representative from the southwest women's law center or an equivalent organization;

                (16) a representative from the coalition to stop violence against native women or an equivalent organization;

                (17) a representative from the crime victims reparation commission;

                (18) the director of the New Mexico interpersonal violence data central repository;

                (19) a representative from the New Mexico intimate partner violence death review team;

                (20) a representative from the aging and long-term services department;

                (21) a community representative;

                (22) two rural domestic violence service providers;

                (23) a domestic violence survivor nominated by the New Mexico coalition against domestic violence;

                (24) a representative from a children's advocacy organization; and

                (25) a representative from a gay and lesbian organization.

          C. The appointed members of the New Mexico domestic violence leadership commission shall serve at the pleasure of the governor, and the members' appointments shall be reviewed at the commencement of each gubernatorial term. The governor shall designate one member as the chair, and the position of the chair shall be limited by a term of two years.

           D. The New Mexico domestic violence leadership commission shall meet, pursuant to the Open Meetings Act, at the call of the chair at least six times annually. For the purposes of conducting business, a majority of the members of the commission constitutes a quorum.

          E. Members of the New Mexico domestic violence leadership commission shall not be paid, but shall receive per diem and mileage as provided in the Per Diem and Mileage Act.

          F. The New Mexico domestic violence leadership commission shall:

                (1) identify domestic violence services that are lacking or in need of improvement and provide recommendations to the [secretary of children, youth and families] board and the governor to enhance the quality and efficiency of services statewide;

                (2) develop strategies for addressing issues of domestic violence and raising public awareness;

                (3) study possible inequities in the treatment and disposition of males involved in domestic violence;

                (4) review laws, regulations and policies related to domestic violence to assess their effectiveness and recommend changes; and

                (5) report annually before October 1 to an appropriate legislative interim committee and the governor on domestic violence policy issues."

     SECTION 11. EFFECTIVE DATE.--The effective date of the provisions of this act is January 1, 2023.

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