Committee delays vote on rewriting CYFD confidentiality law, asks sponsors for committee substitute
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Summary
Lawmakers and advocates debated SB84, a bill to amend child welfare confidentiality rules. Supporters said revisions would increase transparency and bring the code into compliance with federal law; the committee asked sponsors to refile a committee substitute and postponed action.
Senate Health and Public Affairs heard extended testimony and debate on Senate Bill 84, which would amend the children’s code confidentiality provisions that govern access to information about child abuse and neglect cases. After a detailed discussion and a large amendment proposed by sponsors, the committee chair asked the bill sponsors to prepare a committee substitute and postponed further action.
Senator Bergman, co-sponsor of SB84, said the bill seeks to change a confidentiality regime that, in his view, has sometimes shielded agency failures rather than protecting families. He said the bill "will change the course of CYFD's secrecy while balancing the clear need to protect the personal identifying information of families and children." Sarah Creca (testifying as counsel and advocate) described instances in which she said the confidentiality code was used to withhold internal investigations and critical incident reviews during civil litigation and said the bill would bring New Mexico closer to national standards.
Supporters, including reporters, civil-rights lawyers and relatives of foster children, argued that greater access to agency documents and internal critical-incident reviews would enable oversight and help prevent repeat tragedies. Marilyn Beck told the committee that federal and judicial developments have raised constitutional concerns with the existing statute and urged reform.
Committee members and sponsors acknowledged the amendment was extensive. The chair said the changes were substantial enough to warrant a committee substitute for clarity and tracking; the committee agreed to delay action so sponsors could prepare and file a substitute for the next committee meeting.
No formal vote on the bill or the amendment was taken; the committee instructed sponsors to return with a committee substitute and scheduled the item for further consideration at a subsequent meeting.
