HOUSE BILL 121
56th legislature - STATE OF NEW MEXICO - second session, 2024
Gail Armstrong and Andrea Reeb and Stefani Lord and
Harlan Vincent and Jenifer Jones
RELATING TO CHILDREN; REQUIRING THE CHILDREN, YOUTH AND FAMILIES DEPARTMENT TO CONDUCT ASSESSMENTS, PROVIDE SERVICES AND CONDUCT AN INVESTIGATION UPON A FAILURE TO COMPLY WITH A PLAN OF CARE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 32A-3A-14 NMSA 1978 (being Laws 2019, Chapter 190, Section 4) is amended to read:
"32A-3A-14. NOTIFICATION TO THE DEPARTMENT OF NONCOMPLIANCE WITH A PLAN OF CARE.--
A. If the parents, relatives, guardians or caretakers of a child released from a hospital or freestanding birthing center pursuant to a plan of care fail to comply with that plan, the department shall be notified and the department [may] shall conduct a family assessment. Based on the results of the family assessment, the department [may] shall offer or provide referrals for counseling, training or other services aimed at addressing the underlying causative factors that may jeopardize the safety or well-being of the child. The child's parents, relatives, guardians or caretakers may choose to accept or decline any service or program offered subsequent to the family assessment; provided that if the child's parents, relatives, guardians or caretakers decline those services or programs, the department [may] shall proceed with an investigation.
B. As used in this section, "family assessment" means a comprehensive assessment prepared by the department at the time the department receives notification of failure to comply with the plan of care to determine the needs of a child and the child's parents, relatives, guardians or caretakers, including an assessment of the likelihood of:
(1) imminent danger to a child's well-being;
(2) the child becoming an abused child or neglected child; and
(3) the strengths and needs of the child's family members, including parents, relatives, guardians or caretakers, with respect to providing for the health and safety of the child."
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