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NM HB84

NM HB84
Exposure To Certain Drugs As Child Abuse


summary

Introduced
01/20/2026
In Committee
Crossed Over
Passed
Dead

Introduced Session

2026 Regular Session

Bill Summary

AN ACT RELATING TO CHILDREN; PROVIDING THAT EXPOSURE OF A CHILD TO A SCHEDULE I OR SCHEDULE II CONTROLLED SUBSTANCE CONSTITUTES ABUSE OF A CHILD; ADDING EXPOSURE TO THE USE OF FENTANYL AS EVIDENCE OF ABUSE OF A CHILD; AMENDING AND UPDATING SECTIONS OF THE CHILDREN'S CODE TO PROVIDE FOR PLANS OF SAFE CARE FOR A SUBSTANCE-EXPOSED NEWBORN; PROVIDING FOR REPORTS TO THE CHILDREN, YOUTH AND FAMILIES DEPARTMENT CENTRAL INTAKE SYSTEM REGARDING CERTAIN NEWBORNS WHO MAY BE AT RISK; AMENDING THE DEFINITION OF "NEGLECTED CHILD" IN THE ABUSE AND NEGLECT ACT; PROVIDING FOR TAKING A NEWBORN INTO TEMPORARY PROTECTIVE CUSTODY UNDER CERTAIN CIRCUMSTANCES; DECLARING AN EMERGENCY.

AI Summary

This bill amends existing New Mexico law to strengthen protections for children, particularly newborns, by expanding the definition of child abuse and establishing new procedures for substance-exposed newborns. Key provisions include defining a "newborn" as a child less than seventy-two hours old and classifying exposure of a child to Schedule I or Schedule II controlled substances as child abuse, with specific exceptions for lawful use of Schedule II substances during pregnancy. The bill also adds exposure to the use of fentanyl as evidence of child abuse and mandates the creation of "plans of safe care" for newborns affected by prenatal drug exposure, outlining necessary support and services. Furthermore, it requires healthcare providers to report concerns about a newborn's safety to the Children, Youth and Families Department's central intake system, which will then assess the plan of safe care and potentially initiate investigations if the newborn's needs are not being met. The bill also clarifies when a newborn can be taken into temporary protective custody, generally requiring a court order unless there's an immediate emergency or exposure to illegal drug manufacturing. Finally, it updates the definition of a "neglected child" to include failure to comply with a plan of safe care.

Sponsors (1)

Last Action

Not Printed (on 01/22/2026)

bill text


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