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House committee tables baby‑box bill after heated debate on tribal sovereignty, DNA testing and public outreach

5695863 · March 19, 2025
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Summary

The committee voted to table House Bill 594 after extended public testimony and member questions about whether the bill’s DNA‑testing provisions, tribal consultation and public‑education funding are appropriate. Testimony included tribal advocates, child‑welfare groups, first responders and parents.

House Bill 594, a committee substitute addressing safe‑surrender “baby boxes,” was tabled after an extended, divided committee debate on tribal sovereignty, DNA testing and whether a public education appropriation should remain.

Sponsor comments and intent: Representative Sanchez, presenting the committee substitute, said the measure updates an existing safe‑surrender option so abandoned infants can be left at designated, monitored locations such as fire stations. The sponsor said the bill’s revisions aim to remove liability concerns for providers and to add a packet of information that can travel with the infant to help locate the child’s family or tribal affiliation.

Public testimony: Multiple tribal advocates and native‑rights organizations testified in opposition. Denicia Cadena, who identified herself as an author of the Indian Family Protection Act, told the committee that genetic testing is not how tribal membership is determined and urged the committee to oppose the bill. Alex Consela of the Coalition to Stop Violence Against Native Women said DNA tests cannot reliably identify tribal membership, would fail the statutory "active efforts" standard in ICWA and re‑traumatize native communities. Micah Betsini of Bold Futures and Nathan Saavedra of Equality New Mexico urged alternatives such as confidential hospital surrender programs staffed by trained personnel rather than unattended devices.

Supporters included local chiefs and advocates who described baby boxes in New Mexico as functioning devices and said the boxes provide a safer option for parents in crisis. A sponsor representative said the boxes are alarmed, temperature controlled and have been used to safely surrender infants in the state; she also described a proposed public‑education appropriation (later removed from the substitute) to inform the public of safe‑surrender options.

Committee concerns: Members raised three main concerns. First, Native American representatives said requiring DNA testing to establish tribal affiliation is inappropriate and inconsistent with tribal enrollment processes. Second, several members questioned whether there is sufficient evidence that unattended baby boxes reduce harm as compared with staffed safe‑haven locations (hospitals, fire stations). Third, some members objected to removing an appropriation intended for public education about safe‑surrender options and asked whether the bill had adequate agency consultation (the sponsor said direct consultation with the secretary of Indian affairs had not occurred).

Vote and procedural outcome: The committee adopted a motion to table the bill. The roll call recorded 7 votes in favor of tabling and 4 opposed. Representatives voting to table included Representative Abeta, Representative Hoffman Villal (yes) and others; Representatives Chavis, Hall, Martinez and Reeb registered no votes on the motion to table. After the vote, sponsors said they would return with additional changes and more tribal consultation.

Ending: Committee members urged further work with tribes, refinements on the DNA/testing language, and consideration of staffed safe‑haven alternatives and public outreach before reconsideration.