Senate Bill 458 (SB 458) relates to child care, creates the Secretary of Children, Youth and Families Nominating Committee; prescribes the process for the Secretary’s selection; makes administrative changes and establishes new requirements. 

 Senate Bill 458 (SB 458) amends, repeals and enacts sections of the NMSA 1978 to:

•	create the Secretary of Children, Youth and Families Nominating Committee; 
•	require the Secretary of Children, Youth and Families (CYFD) to be selected from a list of qualified nominees created by the nominating committee; 
•	moves rulemaking authority for the plan of safe care process from the CYFD to the Health Care Authority (Authority); 
•	updates requirements for plans of safe care; 
•	requires the CYFD to implement the multilevel response system statewide; 
•	enacts the Families First Act within the Children's Code; 
•	requires the CYFD to develop and implement a strategic plan for approval by the federal administration for children and families; 
•	requires provisions of the strategic plan to identify and provide foster care prevention services that meet the requirements of the federal Family First Prevention Services Act; 
•	provides for CYFD consultation with the Early Childhood Education and Care Department, the Health Care Authority and the Department of Health; 
•	provides strategic plan requirements; 
•	transfers the Substitute Care Advisory Council from the Regulation and Licensing Department to the administrative office of the courts; 
•	defines terms in the Citizen Substitute Care Review Act; 
•	provides for staffing of the Substitute Care Advisory Council; 
•	establishes criteria for case review; 
•	provides for rules pertaining to volunteer members; 
•	provides access to and requirements for confidentiality of certain records and information; 
•	changes reporting requirements; 
•	requires the Substitute Care Advisory Council to provide the CYFD with case reports; 
•	requires the CYFD to respond to case reports; 
•	requires the Substitute Care Advisory Council staff and the CYFD to meet quarterly; and
•	transfers employees, property and contractual obligations.




 

 Currently the Substitute Care Advisory Council operates within the Regulation and Licensing Department; proposed requirements are not in place; the Secretary of CYFD Nominating Committee is not in place; and the Safe Care Process is within the CYFD. 
 

 Committee Substitute February 28, 2025 in SRC

SRCcs/SB 458: The Senate Rules Committee Substitute for Senate Bill 458 deletes the requirement to create a Children, Youth and Families (CYFD) Nominating Committee and related requirements, and removes the transfer of rulemaking authority for the plan of safe care process from CYFD to the Health Care Authority. 

The requirement to transfer the Substitute Care Advisory Council from the Regulation and Licensing Department to the Administrative Office of the Courts is removed.
Other details are removed, including some involving the Substitute Care Advisory Council, and case reviews and reports.