House passes bill to create Office of the Child Advocate for children in state custody

House members approved House Bill 5 on final passage after debate and a friendly amendment, moving to create an independent Office of the Child Advocate to review government custody of children and promote their safety.

Supporters said the office is intended to provide independent oversight and a consistent advocate for young people who lack family advocates while in state care. “These children need an advocate. HB 5 would create an independent office of the child advocate to improve accountability when the government takes legal or physical custody of children and promote the safety of young people who are in the state's care,” Sponsor (Representative) said during explanation of the bill.

The bill drew questions on appointment and removal processes. Representative Armstrong pressed for clarity on how the office head would be appointed and removed; Deputy Counsel Anjana Samant of the New Mexico Department of Justice told the House that appointment would follow the committee selection process and that removal would follow existing processes for appointed positions, including appeal rights.

Members also discussed whether the office would close gaps in other child-safety processes. Supporters recounted experience with children harmed in custody and urged the office would add an advocate and oversight that they said has been missing for years.

The sponsor accepted a friendly amendment (amendment number read on the floor as 231658.1) that altered the statutory appointment language to give the advising committee greater control over sending names to the governor. The House recorded final passage after two amendments were adopted; the roll call showed 64 ayes and 0 nays.

The measure now moves to the next steps required by the legislative process.