All Roll Calls
Yes: 97 • No: 2
New MexicoSB 422025 Regular SessionSenate
COMPREHENSIVE ADDICTION AND RECOVERY PGM
Sponsored By: Michael Padilla (Democratic)
Signed by Governor
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Bill Overview
Analyzed Economic Effects
10 provisions identified: 7 benefits, 1 costs, 2 mixed.
Limits on pregnancy-related child abuse reports
Hospitals and birthing centers must report safe care plans and referrals, but these reports stay separate from child-abuse reports. A safe-care report alone does not start a child-welfare investigation or a law-enforcement report. Hospital and birthing-center staff, contractors, and volunteers cannot report abuse based only on a pregnancy drug-use finding. This includes findings from interviews, self-reports, clinical observations, or routine drug tests. Duties to report known or reasonably suspected abuse or neglect remain in place when other facts support a report.
Private records and access for parents
Child-abuse and neglect records generally stay private, and the department must protect identifying details about children and families. Exceptions cover specified fatalities, missing children, danger, emergencies, public-identification cases, authorized access, and qualifying research. Public releases must remove identifying details unless an exception applies. If no court petition was filed, parents, guardians, and custodians can access investigation results and related reports, with information providers' identities removed. They may ask a court for fuller access, except information the department finds likely to endanger an information provider's life or safety.
Stronger planning for children in court
When the Children's Code requires active efforts, they must be thorough, timely, and meet a higher standard than reasonable efforts. Before a child-abuse or neglect disposition hearing, the department must prepare a report on placement, relatives, services, reunification, and child needs. It must give counsel for all parties the report five days before the hearing. For children age 14 or older, the case plan must include education and post-secondary goals. For children age 16 or older, the report must include a plan for independent-living skills.
Care plans for substance-exposed newborns
By July 1, 2026, New Mexico's Health Care Authority must issue rules for newborns affected by prenatal drug exposure, withdrawal, or fetal alcohol spectrum disorder. The rules require screening, service referrals, tribal collaboration, and at least one care coordinator in every birthing hospital. Covered facilities must create written safe care plans before substance-exposed newborns leave the hospital, and for pregnant people who agree. Plans address the child's needs and caregiver treatment needs tied to child safety; facilities must notify the authority. The authority must train hospital, birthing-center, and prenatal staff and provide guidance on referrals and creating and carrying out plans.
Family assessments alongside required abuse investigations
By July 1, 2027, New Mexico must use a statewide system with different responses to child-abuse and neglect reports. After intake finds no immediate safety concern, the department may use a family assessment and service referrals instead of investigation. Families may accept or decline services, but the department may investigate after services are declined. Investigation is required for sexual abuse, serious or imminent harm, child fatalities, and cases needing law enforcement, specialized assessment, or traditional investigation.
Help and oversight when care plans fail
If caregivers do not follow a safe care plan after hospital or birthing-center release, care officials must notify child welfare within 24 hours. The Children, Youth and Families Department must assess the family and may offer or provide services. Families may accept or decline those services. The department must investigate if families decline services it finds necessary to address imminent harm to the child.
Background checks for child-welfare personnel
The Children, Youth and Families Department must fingerprint staff and volunteers whose jobs involve direct client contact. It must also run nationwide criminal-history checks. The requirement covers prospective employees, people moving into new positions, and specified supervisors of personnel with unsupervised client contact.
Child welfare must preserve work records
Child-welfare employees cannot erase work-related data from department-issued devices. Those devices may contain only software and apps that meet federal data-retention and data-protection laws. By January 1, 2026, the department must implement a state information-technology-approved system to back up employees' daily work records. Device records and their backups must be kept throughout employment and for at least seven years after employment ends. Retained records must receive daily, monthly, and yearly backups.
Required state planning for family services
The Children, Youth and Families Department must develop and carry out the Families First strategic plan. The plan guides family-service delivery and access to programs. This department duty does not itself set a household benefit amount or individual eligibility rules.
Limits on lawsuits over safe-care training
People cannot sue for losses caused by carrying out the specified safe-care training-material provisions, required training, or lack of training. These training requirements do not create a specific legal duty of care. This limit concerns those training provisions, not every claim involving newborn care.
Sponsors & Cosponsors
Sponsor
Michael Padilla
Democratic • Senate
Cosponsors
Elizabeth "Liz" Stefanics
Democratic • Senate
Gail Armstrong
Republican • House
Heather Berghmans
Democratic • Senate
Linda M. Trujillo
Democratic • Senate
Roll Call Votes
House vote • 3/21/2025
Final House Vote
Yes: 59 • No: 2
Senate vote • 3/13/2025
Final Senate Vote
Yes: 38 • No: 0
Actions Timeline
Signed by Governor - Chapter 156 - Apr. 10
4/10/2025SenateSenate has concurred with House Amendments
3/22/2025SenatePassed in the House of Representatives - Y:59 N:2
3/21/2025HouseHouse of Representatives Floor Amendment
3/21/2025HouseHJC: Reported by committee with Do Pass recommendation with amendment(s)
3/20/2025HouseHGEIC: Reported by committee with Do Pass recommendation
3/17/2025HouseSent to HGEIC - Referrals: HGEIC/HJC
3/14/2025SenatePassed in the Senate - Y:38 N:0
3/13/2025SenateSJC: Reported by committee with Do Not Pass but with a Do Pass recommendation on Committee Substitution
3/12/2025SenateSRC: Reported by committee with Do Not Pass but with a Do Pass recommendation on Committee Substitution
2/21/2025SenateSent to SRC - Referrals: SRC/SJC
2/12/2025Senate
Bill Text
Final Version
4/11/2025
House Floor Amendment 1 3/21/25
3/21/2025
HJC Committee Report 3/20/25
3/20/2025
HGEIC Committee Report 3/17/25
3/17/2025
SJC Committee Report 3/12/25
3/12/2025
SJC Committee Substitute 3/12/25
3/12/2025
SRC Committee Report 2/21/25
2/21/2025
SRC Committee Substitute 2/21/25
2/21/2025
Introduced
2/12/2025