All Roll Calls
Yes: 92 • No: 13
New MexicoHB 52025 Regular SessionHouse
OFFICE OF CHILD ADVOCATE ACT
Sponsored By: Michelle Paulene Abeyta (Democratic)
Signed by Governor
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Bill Overview
Analyzed Economic Effects
3 provisions identified: 2 benefits, 0 costs, 1 mixed.
Families get child services complaint reviews
Beginning July 1, 2025, the child advocate office accepts complaints through a toll-free hotline and online portal. Reviews cover children in state custody, receiving department-supervised services, referred to the department, or whose parent, guardian, or custodian faces department investigation. The office investigates qualifying complaints, seeks solutions, and makes referrals. It notifies complainants whether it will investigate or decline further action and provides progress updates within 30 days. Complainants and complaint subjects receive final-outcome notices within 90 days after an investigation ends—not within 90 days of filing. The office can meet with children and obtain records the department could access when needed for its work or independent review. Staff training must cover child protection, juvenile justice, investigation methods, tribal law and culture, and department procedures. Office representatives must be certified before investigating complaints. Staff and contractors carrying out Children's Code duties cannot have specified conflicts involving the department or department-funded providers. These include provider licensing or accreditation roles, ownership, management, employment, or direct or indirect pay.
Independent child advocate office for families
Beginning July 1, 2025, New Mexico creates an independent Office of Child Advocate for families affected by state child services. It sits under the Attorney General but controls its own budget and decisions. The Governor appoints the advocate with Senate approval for a six-year term, with up to two successive reappointments. The advocate needs five years of documented child protection or juvenile justice experience and a current, good-standing attorney, psychologist, or social worker license. The Attorney General can remove the advocate only for misconduct, improper performance of duties, or abuse of office. Legislative leaders, the Governor, and the state Supreme Court chief justice select a seven-member nominating committee. Its first meeting must occur by September 1, 2025; later meetings occur within 90 days before a term ends or 30 days after a vacancy. The committee submits nominations within 30 days of meeting; the Governor appoints within 30 days of receiving final nominations. Committee members receive daily expense payments and mileage under state law, but no other compensation or allowances; amounts are not specified.
Child records protected, public access limited
Beginning July 1, 2025, child advocate case files, third-party records, court records, and investigation and monitoring information are exempt from public inspection. This protects family privacy but limits the public's access to oversight records. Limited disclosure remains allowed by court order, to prevent imminent harm to a child, or for specified child-protection and facility-licensing decisions. The office can publish reports about patterns, but cannot identify children while a related law enforcement investigation or prosecution is pending.
Sponsors & Cosponsors
Sponsor
Michelle Paulene Abeyta
Democratic • House
Cosponsors
Dayan Hochman-Vigil
Democratic • House
Gail Armstrong
Republican • House
Javier Martínez
Democratic • House
Reena Szczepanski
Democratic • House
Roll Call Votes
Senate vote • 3/14/2025
Final Senate Vote
Yes: 28 • No: 13
House vote • 3/4/2025
Final House Vote
Yes: 64 • No: 0
Actions Timeline
Signed by Governor - Chapter 13 - Mar. 21
3/21/2025SenateHouse has concurred with Senate Amendments
3/17/2025HousePassed in the Senate - Y:28 N:13
3/14/2025Senatefl/aaaa
3/14/2025legislatureSJC: Reported by committee with Do Pass recommendation with amendment(s)
3/13/2025SenateSent to SJC - Referrals: SJC
3/4/2025SenatePassed in the House of Representatives - Y:64 N:0
3/4/2025HouseHouse of Representatives Floor Amendment
3/4/2025HouseHJC: Reported by committee with Do Pass recommendation with amendment(s)
3/1/2025HouseHHHC: Reported by committee with Do Pass recommendation
2/21/2025HouseSent to HHHC - Referrals: HHHC/HJC
2/12/2025Senate
Bill Text
Final Version
3/21/2025
Senate Floor Amendment 1 3/14/25
3/14/2025
Senate Floor Amendment 3 3/14/25
3/14/2025
Senate Floor Amendment 4 3/14/25
3/14/2025
Senate Floor Amendment 5 3/14/25
3/14/2025
SJC Committee Report 3/13/25
3/13/2025
House Floor Amendment 1 3/04/25
3/4/2025
HJC Committee Report 3/01/25
3/1/2025
HHHC Committee Report 2/21/25
2/21/2025
Introduced
2/12/2025