Bill > SB324

This bill amends the Family in Need of Court-Ordered Services Act and the Abuse and Neglect Act to revise procedures for placing children in protective custody. Key provisions include: - Allowing the Department of Children, Youth and Families (the Department) to take a child into protective custody without a court order in certain exigent circumstances, such as if the child requires immediate care for sexual abuse, serious physical injury, or medical condition, or has been left without adequate supervision or a care plan. - Requiring the Department to file a petition within 3 days if it takes a child into temporary custody without a court order, and to obtain an ex-parte removal order within 18 hours if it determines exigent circumstances exist. - Expanding the definition of "exigent circumstances" to include situations where the child is likely to suffer serious imminent harm and there is no less intrusive alternative to removal. - Shortening the timeline for custody hearings from 10 days to 7 days, and allowing a post-petition removal hearing within 7 days if a child is removed from the home after a petition is filed. - Adding new requirements for the Department to make active efforts to prevent removal, and to provide written notice to parents and tribes when a child is taken into custody.

Health and Social Services, Justice

https://www.nmlegis.gov/lcs/legislation.aspx?chamber=S&legtype=B&legno=324&year=21