HOUSE BILL 312

56th legislature - STATE OF NEW MEXICO - first session, 2023

INTRODUCED BY

Stefani Lord and Jason C. Harper and Mark Duncan

and Alan T. Martinez

 

 

 

 

AN ACT

RELATING TO CHILDREN; REQUIRING A BEST INTERESTS OF THE CHILD DETERMINATION IN ALL ABUSE AND NEGLECT PROCEEDINGS; PROVIDING A BEST INTERESTS OF THE CHILD STANDARD IN ABUSE AND NEGLECT PROCEEDINGS.

 

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

     SECTION 1. A new section of the Abuse and Neglect Act is enacted to read:

     "[NEW MATERIAL] BEST INTERESTS OF THE CHILD DETERMINATION REQUIREMENT--BEST INTERESTS OF THE CHILD STANDARD.--

          A. The best interests of the child standard reflects the protection of a child from abuse and neglect. In proceedings to terminate parental rights and for permanent guardianship, the standard encompasses stability and permanency in placement.

          B. In all matters and proceedings that concern a child, the best interests of the child shall apply and the following factors shall be considered in determining the best interests of the child:

                (1) the child's age and physical and mental vulnerabilities;

                (2) the frequency and nature of any out-of-home placements for the child;

                (3) the frequency, magnitude and other circumstances of the harm to the child;

                (4) any repeated harm suffered by the child;

                (5) any fear by the child of living in or returning to the home from which the child was removed, current placement or potential placement;

                (6) the results of psychiatric, psychological or developmental evaluations of the child, the child's parents or other family members;

                (7) any history of abusive conduct by the child's family or others who have access to the child's home;

                (8) any history of substantiated claims of substance abuse by the child's family or others who have access to the child's home;

                (9) whether the perpetrator of the harm to the child is identified;

                (10) whether an identified perpetrator has or may have continued access to the child;

                (11) the circumstances under which a parent voluntarily relinquished parental rights to the child;

                (12) the willingness and ability of the child's family to:

                     (a) seek, accept and complete family services, including services that address specific needs of the child or family;

                     (b) cooperate with and facilitate close supervision by an appropriate agency; and

                     (c) complete psychological, domestic violence and substance abuse assessments;

                (13) the willingness and ability of the child's family to effect positive environmental and personal changes within a reasonable period of time;

                (14) a demonstration by the child's family of adequate parenting skills, including providing the child and other children under the family's care with:

                     (a) minimally adequate health and nutritional care;

                     (b) nurture, care and appropriate discipline consistent with the child's physical and psychological development;

                     (c) guidance and supervision consistent with the child's safety;

                     (d) a safe home environment;

                     (e) protection from repeated exposure to violence even though the violence may not be directed at the child; and

                     (f) an understanding of the child's needs and capabilities; and

                (15) the availability of an adequate social support system for the child consisting of an extended family and friends."

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