Committee advances omnibus child-safety bill moving CARA to Department of Health and mandating safe-care plans for substance-exposed newborns

The House Government, Elections and Indian Affairs Committee voted 8–1 to give Senate Bill 42 a due pass, advancing an omnibus package that would transfer the CARA (Care of Infants Affected by Substance) program from the Children, Youth and Families Department (CYFD) to the Department of Health (DOH), make participation in plans of safe care mandatory for substance-exposed newborns, and tighten confidentiality and data-sharing rules.

Senator Michael Padilla, a sponsor, told the committee the measure began as nine topics and was pared down to four priorities: enhancing foster-care prevention services under the federal Family First Services Act, transferring CARA to DOH, improving plans of safe care, and strengthening confidentiality and data transparency. "We did settle on 4 solid points that we believe were the highest priority," Padilla said during opening remarks.

DOH Cabinet Secretary Tina de Blasio said the transfer aims to treat substance-exposure as a public-health issue. "This bill does move ... the CARA program from CYFD to Department of Health. The reason for that is really we're gonna take a public health approach," she said. CYFD Cabinet Secretary Teresa Casados said the departments are coordinating and that the proposals have budgeting tracked: "these items are budgeted for ... these dollars to manage this project are in the budget."

The bill would require a written plan of safe care "that shall be created prior to the substance-exposed newborn's discharge from a birthing facility," language committee members pointed to as evidence the program component is mandatory rather than voluntary. Senators and agency witnesses described a dual-staff model: managed-care organizations (MCOs) and their care coordinators will handle discharge and service-linkage tasks, while DOH care navigators will provide intensive case-management and follow-up, including home visits. "The care navigators at the Department of Health will be the intensive case management oversight, with to support the care coordinators," one sponsor said.

JD Bullington of the Greater Albuquerque Chamber of Commerce testified in support and cited state data: "rates of newborns with substance withdrawal symptoms in New Mexico has climbed to more than twice the national average," and, he said, only "1 in 7 local families with substance exposed newborns accept referrals for addiction treatment." Supporters argued mandatory plans and navigator follow-up will close that gap and prioritize treatment over punishment.

Committee members pressed on several points. Representative Block raised an amendment she said was intended to protect foster families from homeowner-insurance losses; sponsors described that amendment as unfriendly and Representative Block withdrew it after discussion. Members also asked how the bill protects tribal children; sponsors said the bill preserves Indian Family Protection Act (IFPA) requirements and noted tribal stakeholders participated during drafting.

Confidentiality revisions drew scrutiny. The bill includes exceptions for cases of child death or near-death; the Fiscal Impact Report and OFRA (Office of the Family and Regional Affairs) raised concerns that the language could broaden public disclosure of identifying information. An expert on the Zoom panel, Sarah Crecca, said the bill ties the exception to the treating physician’s certification to tighten who may make that determination and noted the bill is intended to align with federal CAPTA requirements. Sponsors said three independent CAPTA reviews found the draft compliant but acknowledged the section remains legally sensitive.

Senators and agency officials said DOH, CYFD, the Health Care Authority (HCA), Early Childhood Education and Care Department (ECECD) and managed-care organizations will collaborate on rulemaking to define the roles and responsibilities of care coordinators and navigators and the timeline for DOH to notify CYFD. The bill directs DOH to notify CYFD within 24 hours if parents refuse to engage, disengage, or fail to adhere to the plan; sponsors said that timeline was requested by the agencies.

Representative Vice Chair Little moved a due-pass motion; Representative Luhan seconded. On the roll call the committee announced the motion carried 8 to 1. Representative Blanc was recorded as the sole vote against the motion; other members who voted yes included Representative O'Neill Nordno, Representative Lujan, Representative Mejia, the floor leader, Representative Zamora, the vice chair, and the chair.

Committee members said they plan to continue work during rulemaking and subsequent hearings to clarify evidentiary standards for screening tools, the confidentiality exception for fatalities, and the operational details that will bind MCOs, DOH navigators, and CYFD investigators.

If enacted, sponsors and agency witnesses said, the measure is meant to expand early treatment options and close gaps in service delivery for substance-exposed newborns while preserving tribal protections and adding timeliness requirements for referrals to child-protection investigators.