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Bill > SB67


NM SB67

NM SB67
Best Interests Of The Child Standards


summary

Introduced
01/22/2026
In Committee
Crossed Over
Passed
Dead
02/19/2026

Introduced Session

2026 Regular Session

Bill Summary

AN ACT RELATING TO CHILDREN; ESTABLISHING A BEST INTERESTS OF THE CHILD STANDARD AS THE PRIMARY AND CONTROLLING STANDARD APPLIED TO JUDICIAL AND CHILDREN, YOUTH AND FAMILIES DEPARTMENT ACTIONS FOR DECISIONS AND DETERMINATIONS IN ABUSE AND NEGLECT CASES; AMENDING AND ENACTING SECTIONS OF THE ABUSE AND NEGLECT ACT TO PRIORITIZE CHILD SAFETY AND CLARIFY THE DEFINITION OF "AGGRAVATED CIRCUMSTANCES"; PROVIDING THAT A COURT SHALL ASSURE THAT THE CHILD'S GUARDIAN AD LITEM AND THE CHILD'S ATTORNEY ZEALOUSLY REPRESENT THE BEST INTERESTS OF THE CHILD; AMENDING THE STATUTORY PURPOSE OF THE CHILDREN'S CODE TO ENSURE THE BEST INTERESTS OF THE CHILD AS THE PRIMARY CONCERN; PROVIDING FOR APPLICABILITY; REQUIRING WRITTEN FINDINGS; REQUIRING RULE ADOPTION.

AI Summary

This bill establishes the "best interests of the child" as the primary and controlling standard for all judicial and Children, Youth and Families Department (CYFD) actions in abuse and neglect cases, prioritizing the child's health, safety, and overall well-being above all other considerations. It amends existing laws to ensure that child safety is paramount, clarifies what constitutes "aggravated circumstances" in abuse and neglect cases, and mandates that a child's guardian ad litem (a court-appointed representative for a child) and attorney must zealously advocate for the child's best interests. The bill also broadens the definition of "family unit" to include more than just the biological or original family, and requires written findings in court decisions to explain why a chosen placement or plan is in the child's best interests. Furthermore, it sets a deadline for the CYFD to adopt rules to implement these changes and specifies that these provisions will apply to all pending and future abuse and neglect cases.

Sponsors (2)

Last Action

Sent to SCC - Referrals: SCC/SHPAC/SJC (on 01/22/2026)

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