HOUSE BILL 211
56th legislature - STATE OF NEW MEXICO - first session, 2023
John Block and D. Wonda Johnson
RELATING TO CHILDREN; REQUIRING THE CHILDREN, YOUTH AND FAMILIES DEPARTMENT TO RECRUIT, SUPPORT AND RETAIN INDIAN FOSTER FAMILIES; PROVIDING REPORTING REQUIREMENTS; PROVIDING TECHNICAL CLEANUP.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. A new section of the Children's Code is enacted to read:
"[NEW MATERIAL] DEPARTMENT RECRUITING EFFORTS--INDIAN FOSTER FAMILIES.--The department shall make active and continual efforts to recruit, support and retain Indian foster families. As used in this section, an "Indian foster family" means a department-licensed foster family in which at least one parent is Indian."
SECTION 2. A new section of the Indian Family Protection Act is enacted to read:
"[NEW MATERIAL] ANNUAL REPORT--CONTENTS.--
A. The department shall provide a report by no later than October 1 of each year to the legislature through appropriate interim committees and to the governor.
B. The report shall contain the following information:
(1) the active efforts the department has made to increase Indian foster families, specifying the county and Indian nation, tribe or pueblo represented;
(2) how many current foster homes licensed by the department have one or more foster parents who are an Indian;
(3) the active number of foster placements each Indian foster family has, and:
(a) if an Indian foster family has more than six foster placements, a detailed explanation shall accompany the report; and
(b) if the Indian child being placed and the Indian foster family are not from the same tribe, an explanation shall accompany the report;
(4) how many Indian foster families are currently accepting new placements;
(5) how many Indian children are in foster care through the department and the permanency goals the department has for those children;
(6) how many Indian children were removed in a twelve-month period for a forty-eight-hour hold;
(7) how many Indian children were victims of repeated maltreatment in a twelve-month period;
(8) how many Indian children are not in preferred placements or with an Indian foster family and an explanation of why those children are in non-preferred placements, including any active efforts made by the department to place the children in preferred placement settings;
(9) the number of non-relative foster families with an Indian child and length of each placement; and
(10) if there are any Indian child sibling groups in department care and if they are placed together or separately, and if they are separated, an explanation of why they were separated.
C. A copy of the report shall be provided to the legislature and maintained in the legislative council service library. The report shall be posted on the department's website.
D. As used in this section, "Indian foster family" means a department-licensed foster family in which at least one parent is Indian."
SECTION 3. Section 32A-28-1 NMSA 1978 (being Laws 2022, Chapter 41, Section 1) is amended to read:
"32A-28-1. SHORT TITLE.--[Sections 1 through 42 of this act] Chapter 32A, Article 28 NMSA 1978 may be cited as the "Indian Family Protection Act"."
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