HOUSE MEMORIAL 75

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

INTRODUCED BY

Stefani Lord

 

 

 

 

 

A MEMORIAL

REQUESTING THE ATTORNEY GENERAL TO CONVENE A TASK FORCE TO STUDY THE INTRODUCTION AND USE BY THE CHILDREN, YOUTH AND FAMILIES DEPARTMENT OF A STRUCTURED DECISION-MAKING PHILOSOPHY AND STRUCTURED DECISION-MAKING TOOLS.

 

     WHEREAS, New Mexico's rate of repeat child abuse is among the worst in the country; and

     WHEREAS, more than forty percent of children in New Mexico who suffered a substantiated serious injury from physical abuse or neglect in 2022 belonged to families that had involvement with the children, youth and families department within the preceding year; and

     WHEREAS, in 2019, the children, youth and families department adopted a new structured decision-making philosophy and launched structured decision-making tools intended to more robustly assess strengths and risk factors and to support the department in better evaluating risk and targeting appropriate support and services; and

     WHEREAS, structured decision making is an approach to child protective services that uses clearly defined and consistently applied decision-making criteria to screen families for investigation, determine response priority, identify immediate threatened harm and estimate the risk of future abuse and neglect; and

     WHEREAS, as part of the introduction of the newly structured decision-making philosophy, the children, youth and families department adopted a policy position to reduce the number of children taken into legal custody of the state. Under this position, the department favors having children remain at home with family members or relatives to mitigate identified risk over seeking an ex parte custody order to initiate legal action against the child's caregiver; and

     WHEREAS, the methodology of structured decision-making tools, sometimes referred to as "safety organized practice", was presented to children, youth and families department staff as reflective of a shift to a policy that fewer children in custody is not only better for children and families but that it is also a mark of the department's success; and

     WHEREAS, the use by the children, youth and families department of structured decision-making tools, safety assessments and worry statement tools was intended to help staff determine the steps to take in a case in order to protect the child; and

     WHEREAS, the secretary of children, youth and families has since stated that training and implementation of structured decision-making tools has not achieved its original purpose and that, as a result, staff will need to be retrained on the appropriate use of the tool; and

     WHEREAS, there is growing national concern about the efficacy and dependability of such artificial intelligence tools as these structured decision-making tools as a replacement for trauma-informed professional judgment and decision making in high-stress situations; and

     WHEREAS, since 2019, several children have died as a direct result of the failure by the children, youth and families department to effectively implement its use of structured decision-making tools; and

     WHEREAS, the primary purpose of the children, youth and families department is to protect New Mexico's abused and neglected children from further abuse and neglect, and the department's stated mission is to "improve the quality of life for our children". Indeed, the department states in Section 8.10.3.10 of the New Mexico Administrative Code that "[i]f the safety of the child is ever in conflict with the preservation of a family unit, the child's need for protection always takes precedence"; and

     WHEREAS, the legislature has an interest in ensuring positive outcomes for New Mexico's children and reducing the rate of repeat maltreatment of New Mexico's children; and

     WHEREAS, there is an urgent need to address the crisis for New Mexico's most vulnerable population;

     NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE STATE OF NEW MEXICO that the attorney general be requested to convene a task force to study the impact, efficacy and results of the children, youth and families department's use of structured decision-making tools and safety philosophy, and to make recommendations for the improvement or overhaul of this practice; and

     BE IT FURTHER RESOLVED that the task force be requested to:

          A. determine whether structured decision-making tools and a structured decision-making philosophy lead to better agreement on decisions concerning child abuse and neglect;

          B. review the success, if any, of the children, youth and families department's introduction and implementation of the safety-organized practice and structured decision-making tools;

          C. analyze the understanding and training by children, youth and families department staff of safety decision-making tools and the related safety organized tool to keep families together;

          D. analyze data and repeat maltreatment rates since the introduction of structured decision-making tools of children and families who are under the supervision of the children, youth and families department;

          E. determine whether the use of structured decision-making tools has resulted in better and safer outcomes in child abuse and neglect cases;

          F. review the efficacy, length, supports, practice and outcomes of voluntary placement agreements under this new philosophy and practice;

          G. review the legality, efficacy, practice and outcomes of the children, youth and families department's safety plans under this new philosophy and practice;

          H. make recommendations for improvements to uniform staff and safety practice; and

          I. make recommendations regarding the continued and future use of safety decision-making tools and philosophy; and

     BE IT FURTHER RESOLVED that the study involve input from appropriate stakeholders and relevant agencies, including:

          A. an expert:

                (1) in law enforcement;

                (2) in child maltreatment and trauma-informed science; 

                (3) in behavioral health services;

                (4) in the Indian Family Protection Act; and

                (5) from a nonprofit children's advocacy organization;

          B. a representative of:

                (1) the children, youth and families department;

                (2) the human services department;

                (3) the early childhood education and care department;

                (4) the office of the attorney general; and

                (5) a gender minority community;

          C. a licensed independent social worker with experience in child welfare;

          D. two or more persons with lived experience in child abuse or neglect; and

          E. other stakeholders whose expertise the attorney general deems necessary to the work of the task force; and

     BE IT FURTHER RESOLVED that the task force be required to enter into an agreement with a post-secondary educational institution to conduct research that supports the work of the task force; and

     BE IT FURTHER RESOLVED that the task force be requested to present its findings and recommendations to the legislative health and human services committee by August 1, 2024; and

     BE IT FURTHER RESOLVED that copies of this memorial be transmitted to the governor, the attorney general, the chair of the legislative health and human services committee, the director of the legislative finance committee, the chair of the children's cabinet, any other appropriate cabinet secretaries and the public.

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