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Bill > HB486


NM HB486

Background Checks For Returning Children


summary

Introduced
02/20/2025
In Committee
Crossed Over
Passed
Dead
03/22/2025

Introduced Session

2025 Regular Session

Bill Summary

AN ACT RELATING TO CHILDREN; REQUIRING CRIMINAL BACKGROUND CHECKS AND SEX OFFENDER REGISTRY CHECKS BEFORE RETURNING A CHILD TO A PERSON, INCLUDING A PARENT, LEGAL GUARDIAN OR CUSTODIAN, IF THE CHILD IS IN THE CUSTODY OF THE CHILDREN, YOUTH AND FAMILIES DEPARTMENT BECAUSE OF ABUSE OR NEGLECT; REQUIRING CRIMINAL BACKGROUND CHECKS AND SEX OFFENDER REGISTRY CHECKS BEFORE PLACING A CHILD IN FOSTER CARE WITH A RELATIVE OF THE CHILD IF THE CHILD IS IN THE CUSTODY OF THE CHILDREN, YOUTH AND FAMILIES DEPARTMENT BECAUSE OF ABUSE OR NEGLECT.

AI Summary

This bill requires criminal background checks and sex offender registry checks for individuals before a child who has been taken into custody by the Children, Youth and Families Department due to abuse or neglect can be returned to a parent, guardian, custodian, or relative. Specifically, before releasing a child, the department must conduct a criminal background check on the person seeking custody and search the department of public safety's sex offender central registry or the Dru Sjodin national sex offender public website. The department will then determine whether it is appropriate to release the child based on the results of these checks. The bill applies to situations where a child is taken into protective custody by law enforcement or medical personnel, and extends to both immediate return to a parent or guardian and placement with a relative as a foster care option. The goal is to ensure the child's safety by verifying that the person receiving the child does not have a criminal history that would pose a risk to the child's well-being. The bill modifies existing law to add these background check requirements as a mandatory step in the process of returning a child who has been removed from their home due to abuse or neglect.

Committee Categories

Health and Social Services

Sponsors (2)

Last Action

House Health & Human Services Committee (08:00:00 3/3/2025 Room 307) (on 03/03/2025)

bill text


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