Summary:

 Senate Bill 499 (SB 499) amends the Safe Haven for Infants Act; provides for safe haven baby boxes at safe haven sites; provides procedures for a parent to leave an infant in a safe haven baby box; provides that reunification of an infant relinquished at a safe haven site and the infant's parents is not required under certain circumstances; requires the Children, Youth and Families Department to file a motion to terminate parental rights if the parents of an infant relinquished at a safe haven site do not contact the department within a specified time period; prescribes guidelines for permanency plans for an infant relinquished at a safe haven site; and amends the abuse and neglect act.  

Legislation Overview:

 Senate Bill 499 (SB 499) amends Section 24-22-2 NMSA 1978, providing definitions for such terms as "fire station," "hospital," "Indian child," “safe haven,” and "infant." 

Section 24-22-3 NMSA 1978 is amended to read: 

A.	A parent may relinquish an infant with the staff of a safe haven site or in a safe haven baby box without being subject to criminal prosecution for abandonment or abuse if the infant was born within ninety days of being left at the safe haven site or in a safe haven baby box, as determined within a reasonable degree of medical certainty, and if the infant is left in a condition that would not constitute abandonment or abuse of a child.
B.	Except when there is actual or suspected child abuse or neglect, the parent who relinquishes the infant to a safe haven site or in a safe haven baby box may, at the parent's choice, remain anonymous and will be able to leave the safe haven site at any time without being pursued or followed by the staff of the safe haven site or by staff of the Children, Youth and Families Department (CYFD). 
C.	The safe haven site is deemed to have received consent for medical services provided to an infant left at a safe haven site in accordance with the provisions of the Safe Haven for Infants Act (Act) or in accordance with procedures developed between the CYFD and the safe haven site.

Section 24-22-4 NMSA 1978 is amended to detail requirements for safe haven sites and baby boxes.

Section 24-22-5 NMSA 1978 is amended, adding: 

It will be deemed to not be in the infant's best interest to reunify the infant with the infant's parents, grandparents or relatives unless the CYFD is contacted within ninety days of relinquishing the infant to a safe haven site or in a safe haven baby box by the parent. Upon receiving a report of an infant relinquished at a safe haven site or in a safe haven baby box, the CYFD must immediately conduct an investigation to determine if the infant was relinquished in a condition that would not constitute abandonment or abuse of a child. Required procedures and responsibilities for CYFD in specified cases are detailed.

Section 32A-4-17.1 NMSA 1978 is amended to state that requirements regarding notification to grandparents and relatives do not apply to infants left at a safe haven site or in a safe haven baby box pursuant to the Safe Haven for Infants Act.





 

Current Law:

 The proposed allowances, procedures, requirements and guidelines are not included in current law.