Santa Fe, NM – Today Senate Bill 42, The New Mexico Child Safety and Welfare Act, a comprehensive piece of legislation designed to improve the state’s child welfare system, passed the Senate on a unanimous vote. The bill includes a variety of critical measures aimed at enhancing the safety and well-being of vulnerable children and supporting those who work in child welfare services.
The bill strengthens the state’s implementation of the Comprehensive Addiction and Recovery Act (CARA). This includes replacing the term “plan of care” with “plan of safe care” to align with federal statutes, and designating the Department of Health (DOH) as the lead agency in managing care coordination for substance-exposed newborns. DOH will be responsible for ensuring compliance with federal reporting requirements, providing training for hospitals, and conducting home visits to help connect families with necessary services. Additionally, CYFD will be required to be notified of any disengagement from the plan to ensure continued safety and care for the child.
“In a session full of CYFD legislation, this legislature has united in its common goal of protecting our children,” said bill sponsor Senate Majority Whip Michael Padilla (D – Albuquerque). “This legislation is the most comprehensive reform of CYFD in decades. It contains key provisions that will require full CARA implementation, implementation of the federal Families First Act, full transparency of the work of the department, and insurance benefits for children in protective services.”
In a further effort to improve child welfare, Senate Bill 42 codifies the federal Family First Prevention Services Act (FFPSA) in state law. This law will allow the Children, Youth and Families Department to implement evidence-based prevention services and lays out a timeline for the full implementation of these services. It also updates the state’s multi-level response statute to ensure statewide application by 2027.
“This measure is really going to provide needed support for an agency we all want to see succeed,” said sponsor Senator Linda Trujillo (D – Santa Fe). “Having a vetted, clear, and approved Family’s First plan along with a timeline for implementation will mark a giant step forward in improving the lives of the children and families under the agency’s care.”
The bill also makes important updates to New Mexico’s confidentiality laws. It allows media access to child abuse and neglect hearings under strict conditions and grants CYFD greater authority to share personally identifiable information in specific cases. The bill also defines “near fatality” and requires the release of information related to these cases to enhance transparency and accountability.
Finally, Senate Bill 42 clarifies that foster children are not considered residents of foster homes for homeowners insurance purposes, which will address certain legal and insurance challenges faced by foster families.
Senate Bill 42 now goes to the House of Representatives for consideration. The bill’s sponsors include Senate Majority Whip Michael Padilla, Senator Linda M. Trujillo, Senator Heather Berghmans, Senator Liz Stefanics, and House Minority Leader Gail Armstrong.
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