Chapter 32A — Chapter 32A

The state shall recognize and give full faith and credit to public acts, records and judicial proceedings regarding parentage, nonparentage, adoption and custody decided in an Indian tribe's jurisdiction. History: Laws 2022, ch. 41, § 9.

This act [32A-29-1 to 32A-29-7 NMSA 1978] may be cited as the "Federal Benefits for Children in State Custody Act". History: Laws 2025, ch. 12, § 1.

As used in the Federal Benefits for Children in State Custody Act, "Representative Payee" means a person appointed by a federal agency to manage the benefits the federal agency provides to a child. History: Laws 2025, ch. 12, § 2.

of the department; eligibility determinations. A. Within sixty days after a child enters the department's legal custody, and annually thereafter, the department shall determine whether the child is currently receiving or is eligible to receive federal benefits. B. If it is determ…

of the department; obligations of the department when acting as the representative payee. If the department becomes the representative payee of a child in the legal custody of the department, the department shall: A. establish an appropriate account to use and conserve the child'…

If the department is the child's representative payee, the department shall not use a child's federal benefits to pay for or reimburse the department for any of the costs of the child's care; however, the department may use those benefits to pay for the child's unmet needs beyond…

termination of legal custody. If the department is the child's representative payee, upon termination of the department's legal custody of a child, the department shall release any remaining funds to the child's credit pursuant to the requirements of the funding source. In the ab…

Beginning September 1, 2026 and annually thereafter, the department shall submit a report to the legislative health and human services committee that includes: A. the number of children in its custody who receive federal benefits; B. the type of federal benefits; C. the manner in…

Sections 1 through 15 [32A-30-1 to 32A-30-15 NMSA 1978] of this act may be cited as the "Office of Child Advocate Act". History: Laws 2025, ch. 13, § 1.

A. The department shall provide the office with a copy of all reports related to actual physical injury to a child in custody. B. The department shall provide the office with a written notification within seventy- two hours of: (1) a fatality or near fatality of a child in custod…

Upon request by the office, law enforcement agencies shall share with the office all law enforcement reports involving a child in custody, receiving services under the supervision of the department or whose parent, guardian or custodian is under investigation by the department. H…

A. Except as provided in Subsection B of this section, the office shall maintain the confidentiality of all case records, third-party records and court records, as well as any information gathered in the course of investigations and system monitoring duties. These records are exe…

An individual who pursues remedies pursuant to the Office of Child Advocate Act is not precluded from pursuing other legal or equitable remedies. History: Laws 2025, ch. 13, § 13.

The department shall notify all children in custody, receiving services under the supervision of the department or under investigation by the department and their parents, guardians, foster parents and fictive kin of the existence of the office, its purpose and function and its t…

A. The attorney general may bring a civil cause of action for declaratory or injunctive relief against the department based on a finding by the office of a violation of federal or state constitutional rights, reckless disregard of the health and safety of a child or a pattern of …

As used in the Office of Child Advocate Act: A. "child in custody" means a minor who is placed by the department in custodial or residential care, including foster care, kinship care or care within a group home, a residential treatment center, a juvenile justice facility, a semi-…

The "office of child advocate" is created and is administratively attached to the office of the attorney general pursuant to Section 9-1-7 NMSA 1978. The office shall maintain autonomy over the office's budget and any decisions the office may take. History: Laws 2025, ch. 13, § 3…

The head of the office is the "state child advocate", who shall be appointed by the governor with the advice and consent of the senate for a term of six years. The advocate shall be appointed as soon as practicable. The initial term shall end December 31, 2031. At the time of app…

A. The "state child advocate selection committee" is created and consists of seven members, including: (1) one member who shall be selected by the president pro tempore of the senate; (2) one member who shall be selected by the minority floor leader of the senate; (3) one member …

The office: A. shall: (1) review the department's provision of services to children and families, receive complaints concerning the actions of the department or of any entity or person that provides services to children and families through funds provided by the department and ma…

of website containing report information. A. Each year, the office shall submit to the legislative finance committee, legislative health and human services committee, nations, tribes and pueblos of New Mexico, the department, the supreme court and the governor on or before Septem…

A. The state child advocate shall ensure that office staff are trained in: (1) federal, state, local and tribal laws, regulations and policies with respect to child protection and juvenile justice services in the state; (2) investigative techniques, including trauma-informed care…

Persons who are employees of the office or who have contracts with the office shall not have a conflict of interest with the department or with an entity that provides services to children and families through funds provided by the department relating to the performance of their …

Sections 14 through 17 [32A-31-1 to 32A-31-4 NMSA 1978] of this act may be cited as the "Families First Act". History: Laws 2025, ch. 156, § 14.

As used in the Families First Act: A. "families first services" means foster care prevention services categorized pursuant to the federal Title IV-E prevention services clearinghouse as well-supported, supported or promising that are included in the families first strategic plan …

first services; time line; implementation. A. In consultation with the early childhood education and care department, the health care authority and the department of health, the department shall develop and implement the families first strategic plan. In developing the families f…

By August 1, 2027, the department shall promulgate and adopt rules as necessary to carry out the provisions of the Families First Act. History: Laws 2025, ch. 156, § 17.

Sections 2 through 8 [32A-32-1 to 32A-32-7 NMSA 1978] of this act may be cited as the "Child Care Assistance Program Act". History: Laws 2026, ch. 63, § 2.

As used in the Child Care Assistance Program Act: A. "at-risk child" means a child who may be vulnerable to or experiencing negative outcomes due to factors such as poverty, domestic violence, substance abuse, mental health issues, family involvement in the justice system, housin…

A. The "child care assistance program" is created in the department to provide child care assistance for eligible children, subject to appropriation. The department shall promulgate rules necessary to carry out the provisions of the program. B. To participate in the child care as…

A. A parent or legal guardian may be required to pay a child care facility a copayment for child care services; provided, however, that the department shall provide a parent or legal guardian with ninety days' notice prior to the implementation of a copayment. B. Beginning after …

A. Payment rates for the child care assistance program shall be subject to the availability of funds and shall be set by rule of the department and updated as required by federal law. Payment rates shall: (1) be based on a cost estimation model in accordance with the requirements…

providers. A. A child care facility that participates in the child care assistance program shall: (1) not accept or receive child care assistance for hours that a child is enrolled in a head start program or an early head start program or an early pre- kindergarten program or a p…

A. The department shall develop the child care assistance program to enhance child care quality and improve the development of participating children. Through the administration of the child care assistance program, the department shall promote parental choice, allowing parents t…