2023 Legislative Session is Here
2023 KEY LEGISLATIVE PRIORITIES
WE BELIEVE THAT EVERY CHILD DESERVES THE BEST EVERY DAY. JOIN US.
New Mexico Child First Network is dedicated to improving the lives of children in New Mexico foster care and empowering those who serve them through training, policy reform, direct mentorship and support. With more than 1,800 children in foster care across the state, and thousands more in kin and guardianship care, our legislative mission is to improve their lives by strengthening their rights, illuminating systemic failures and ensuring necessary reforms. We believe that every child deserves amazing parenting everyday. We believe that child maltreatment is not a partisan issue and engage people across the political spectrum to support our work. We strive towards a day when all systems entrusted with the protection of neglected and abused children do so excellently, using every available resource of skill, caring, and science.
Establish Children’s Ombudsman Office or Office of the Child Advocate
New Mexico is one of just 7 states that does not have an established Office of the Child’s Ombudsman or Child Advocate (as it is known in some states). Children's ombuds offices assist in providing oversight of children’s services. Itwould bring transparency and accountability to our child welfare system; providing support and risk mitigation tools to CYFD which continues to be in constant crisis. New Mexico Child First Network has been working since 2019 to pass this critial reform measure. HB145 passed the NM House of Representative s unanimously in 2022; but died in Senate Health before a full vote.
For this office to be successful, it must be:
Independent
Credible
Autonomous
Confidential
Accessible
Bill #: TBD
Champion: TBD
Amend the Confidentiality Clause in the Children's Code
“Sunlight is said to be the best of disinfectants.”
― Supreme Court Justice Louis Brandeis
Under the Federal Child Abuse Prevention and Treatment Act (“CAPTA”), child abuse information must generally be confidential. However, blanket provisions for confidentiality do not always promote the best interests of child victims and their families, and CAPTA recognizes certain exceptions. A recent 10th U.S. Circuit Court of Appeals (Peck v. McCann, et al. No. 21-1125 (10th Cir. 2022)) ruled that laws too restrictive on confidentiality in child abuse and neglect cases are unconstitutional. New Mexico Child First Network has made this a priority initiative to fix our child welfare system. We urge New Mexico law makers to support a full re-write of the children's code confidentiality clause — erring on the side of as open as possible — and ensure that, as written, the confidentiality provision and law protects the children and families involved in the cases, not the department.
Bill #: TBD
Champion: TBD
Safe fix for the 2019 "Plan of Safe Care" Act or CARA
In 2019, HB230 "Plan of Safe Care" passed and was signed into law in response to the federal Comprehensive Addiction and Recovery Act, "CARA". But since its implementation, several safety concerns and continued issues have come to light.
As written, the "CARA policy is an unfunded mandate that requires multiple large governmental and health systems to coordinate program implementation, data sharing, and service coordination ... barriers exist to fulfill the intended program design."
― 2021 NMDOH CARA Evaluation Report
The 2021 NMDOH CARA Evaluation Report (https://bit.ly/NMCARAeval) includes multiple key recommendations and fixes - including funding this "unfunded mandate" - like: increase prenatal screening for substance exposure; ensure that timing of Plan of Care creation at delivery is feasible for new parents, etc.. As written, this policy puts some of our state's most vulnerable youth and families in (preventable) danger. The proposed fixes will work to address and fix these issues.
Bill #: TBD
Champion: TBD
Update Child Abuse Fatality and Near-Fatality Disclosure Policies
According to the most recent report of "State Secrecy and Child Deaths in the U.S.," New Mexico ranks 48th for child abuse fatality and near-fatality public disclosure laws. The federal government has determined that the good that can be gained from disclosing information about child abuse or neglect deaths or near deaths will exceed any potential harm or embarrassment that some individuals might experience as a result. New Mexico Child First Network has been working with legislators and leading national experts on this highly complex issue. Child abuse fatalities ARE preventable with one call to CPS. Abuse or neglect cases that contribute to a fatality or near-fatality must be made public so that they can be examined to identify needed systemic reform.
Bill #: TBD
Champion: TBD
Addressing Youth Homelessness: Free ID Cards for Foster Youth
Each year, an estimated 4.2 million youth and young adults experience homelessness in the U.S.. Children in foster care face additional challenges that increase their risk of homelessness, including the number of foster care placements, running away from placements and time spent in a group home. At any given time in New Mexico, there are 40+ youth in foster care "on run" or without placement. New Mexico Child First Network has been working diligently with legislators and stakeholders to create legislation ensuring all children in foster care (all ages) have access to a free state identification card. A photo ID is important because it can help police search for and identify children who run away, as well as empower youth to apply for jobs, apartments, etc..
Bill #: TBD
Champion: TBD
Financial Capability for Youth in Foster Care
Young people in New Mexico who are in foster care need access to financial literacy skills and a bank account when developmentally appropriate, to help them be successful when they age out of foster care. Without these resources, they can become trapped in a cycle of poverty. New Mexico Child First Network has been working with legislators and stakeholders to pass legislation directing CYFD to establish an account for youth in foster care ages 14+ with a monthly allowance deposited, paired with financial education beginning at 12 years of age.
Bill #: TBD
Champion: TBD
Ensure Access to Social Security Benefits for Youth in Foster Care
Roughly 10% of foster youth in the U.S. are entitled to Social Security benefits, either because their parents have died or because they have a physical or mental disability that would leave them in poverty without financial help. This money — typically more than $700 per month — is considered their rightful property under federal law. New Mexico Child First Network has been working with legislators and stakeholders to pass legislation directing CYFD to establish protected trust accounts for these youth to access all benefits rightfully meant for them.
Bill #: TBD
Champion: TBD
Free Access to State-Owned Parks & Museums Expansion for Youth in Foster Care
In 2019, New Mexico Child First Network worked with legislators from both aisles and both chambers to create "HB303 - Free access for foster families to state-owned museums and parks." This year, we will be working to expand this effort by adding overnight (camping) passes to state parks, as well as free fishing licenses. The bill will expand beyond foster families and include all youth in foster care and all young people actively enrolled in the Fostering Connections program.