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NM SB236

NM SB236
Cyfd Abuse & Neglect Case Tort Claims


summary

Introduced
02/03/2026
In Committee
Crossed Over
Passed
Dead
02/19/2026

Introduced Session

2026 Regular Session

Bill Summary

AN ACT RELATING TO TORTS; PROVIDING A TORT CLAIMS ACT EXCEPTION TO IMMUNITY FOR INSTANCES OF A CHILD ABUSED OR NEGLECTED IN THE CUSTODY OF THE CHILDREN, YOUTH AND FAMILIES DEPARTMENT IN CERTAIN CIRCUMSTANCES.

AI Summary

This bill amends the New Mexico Tort Claims Act, which generally protects government entities and employees from lawsuits, by creating an exception to this immunity. Specifically, it removes immunity for the Children, Youth and Families Department (CYFD) in cases where a child in their custody is abused due to the negligence of CYFD employees. This exception applies when the child was removed from their home because of abuse or neglect by their parents, and the subsequent abuse occurs while the child is under the department's care. The bill aims to hold the CYFD accountable for negligence that leads to further harm to children already in their protective custody.

Sponsors (2)

Last Action

Sent to SCC - Referrals: SCC/SHPAC/SJC (on 02/03/2026)

bill text


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