Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Child Welfare Children Code Reform topic
No spam. Unsubscribe anytime.
Task force proposes broad revisions to New Mexico children’s code, including limits on removals for poverty
Summary
Kristen Conley and retired Judge John J. Romero presented a supplemental report to the Senate Health and Public Affairs Committee proposing statutory changes to New Mexico’s children’s code intended to limit removals for poverty, revise timelines, and create new measures for "crossover youth" and parental-reinstatement in rare cases.
Kristen Conley, chair of the Children’s Code Reform Task Force, and retired Judge John J. Romero presented a supplemental report to the Senate Health and Public Affairs Committee outlining scores of recommended changes to New Mexico’s children’s code.
The task force recommended revising the statutory definition of a neglected child to limit removals when poverty alone is the issue, requiring caseworkers to document and offer practical supports, and directing courts to make findings about the economic conditions that may have contributed to a child entering state custody. "This more clearly describes neglect, and works to carve out those rare circumstances when a child is removed from a home for poverty alone," Conley said.
Judge Romero described a proposal to remove the presumption of abandonment from the neglect and abuse act—as opposed to the adoption act—and to revise statutory timelines so New Mexico complies with federal requirements such as the Adoption and Safe Families Act. "Front loading the system by having judges do what the federal law requires and be more engaged…provides for timelier permanency for children," Romero said.
The task force also proposed a new "crossover youth" act to coordinate cases involving children who are involved with both child welfare and juvenile justice systems, and amended Families in Need of Court Ordered Services (FINCOs) to allow collaborative plans between families and the Children, Youth and Families Department (CYFD) as an alternative to immediate abuse-and-neglect petitions. Conley said the supplemental report and an initial report together run more than 150 pages, and the task force produced two-page summaries and one-page information sheets on topics including adverse childhood experiences and juvenile detention alternatives.
On other proposals, the task force suggested adding negligent unsupervised access to firearms to the definition of neglected child, creating a narrowly tailored process to permit reinstatement of parental rights in rare cases when it serves a child’s best interest, and clarifying that medically assisted treatment for substance use disorders should be expressly allowed in child-welfare proceedings. Conley also said the group recommended removing references to "child prostitution" from the code and replacing them with language recognizing children as victims of trafficking.
Senators questioned the presenters about data and implementation. Several committee members asked whether the task force had figures on intergenerational involvement with child welfare; Conley and Romero said such data were not available to the task force and recommended further study. Romero and Conley repeatedly urged expanded training for judges, attorneys and legislators on the specialized nature of children’s law and the federal requirements that shape it.
Conley said the task force had obtained additional funding after 2023 and that "there are five measures that are currently being drafted" this legislative session that address some recommendations, but she said not all recommendations could be pursued in a single session. The task force recommended sustained collaboration among the three branches of government, the Children's Cabinet, the Children's Court Improvement Commission and stakeholder groups to implement many of the changes.
Committee members pressed questions about safe-haven surrender laws, foster and resource parenting, adoption and post-adoption follow-up, cultural and tribal considerations under the Indian Child Welfare Act, and whether the proposals would protect children from re-victimization. Romero and Conley emphasized case-by-case judicial inquiry, adherence to federal standards, and post-transaction monitoring where statutes impose conditions.
The presentation closed with an offer to make the full reports and informational sheets available; Conley directed committee members to the Corinne Wolf Center website for the task force materials.
The task force’s recommendations will be the subject of bills that the task force and lawmakers will continue to refine during the session; the committee did not take a legislative vote on the recommendations during the presentation.
