Senate Bill 84 (SB 84) specifies to whom and under what circumstances information that is held by the Children, Youth and Families Department (CYFD) that pertains to child abuse and neglect may be shared; requires that information be provided about child fatalities or near fatalities; protects personal identifier information of department clients; requires the court's written order when excluding media from an abuse or neglect proceeding; and requires reports on the department's website. 

 Senate Bill 84 (SB 84) amends Section 32A-4-2 NMSA 1978, defining "personal identifier information" as a person's name and contact information, including home or business address, email address or phone number. 

Section 32A-4-20 NMSA 1978 is amended to state that the court docket number is a public record, and that a judge must submit a written order explaining the reasons for excluding the media from a hearing.

Section 32A-4-33 NMSA 1978 is amended to address confidentiality, as follows:

In investigations and proceedings alleging abuse or neglect, the department may not disclose personal identifier information of the child or the child's parent, guardian or custodian, except as follows: 

(1) in the case of the death or near death of a child; 

(2) in cases in which a child is missing or abducted or the child is or may be in danger of serious injury or death unless immediate action is taken or there are other exigent circumstances, the department must release to law enforcement and the nationally recognized organization that serves as the national clearinghouse and resource center for information about missing and exploited children as much personal identifier information as necessary to identify the child, a possible abductor, or a suspect in an abuse or neglect case, or to protect evidence of a crime against the child; or 

(3) to selected persons such as court personnel, special advocates, a child’s guardian, an attorney representing the child, department personnel, local review board, law enforcement officials, social services personnel, and more.

Exceptions for who may receive unredacted report information are delineated.

The department is not required to disclose department information if the district attorney successfully petitions the children's court that disclosure would cause specific, material harm to a criminal investigation or prosecution. The department must provide pertinent department information upon request to a prospective adoptive parent, foster parent or guardian if the information concerns a child for whom the prospective adoptive parent, foster parent or guardian seeks to adopt or provide care. A person may authorize the release of department information about the person's self but shall not waive the confidentiality of department information concerning any other person. The department must provide a summary of the outcome of a department investigation to the person who reported the suspected child abuse or neglect in a timely manner, not later than twenty days after the deadline for closure of the investigation.

It is noted that policies concerning Indian children or Indian parents, guardians or custodians, are delineated separately in the Indian Family Protection Act.
Section 32A-4-33.1 NMSA 1978 includes a new definition of "near fatality", meaning an act that, as certified by a physician, including the child's treating physician, placed a child in a serious or critical medical condition.

Policies regarding a fatality or near fatality are rewritten, specifying information that must be released in these cases. 

Section 32A-4-33.1 NMSA 1978 is amended, adding language as follows:

The department must continue to provide timely allowable information to the public on the investigation into a case of fatality or near fatality of a child, including a summary report that must include actions taken by the department in response to the case and specified required information.

If the summary report involves a child who was residing in the child's home, the report must contain a summary of all of the following: 

(1) whether services pursuant to the Abuse and Neglect Act were being provided to the child, a member of the child's household or a person who had been arrested for abandonment, abuse or neglect of the child prior to the time of the fatality or near fatality and the date of the last contact between the person providing the services and the person receiving the services prior to or at the time of the fatality or near fatality; 

(2) whether the child, a member of the child's household or the person who had been arrested for abandonment, abuse or neglect of the child prior to the fatality or near fatality was the subject of a current or previous department report; 

(3) all involvement of the child's parents or the person who had been arrested for abuse or neglect of the child prior to the fatality or near fatality in a situation for which a department report was made or services provided pursuant to the Abuse and Neglect Act in the five years preceding the incident that culminated in the fatality or near fatality; and 

(4) any investigation pursuant to a department report concerning the child, a member of the child's household or the person who had been suspected or arrested of the abandonment, abuse or neglect of the child or services provided to the child or the child's household since the date of the incident involving a fatality or a near fatality. 

If the summary report involves a child who was in out-of-home placement, the summary report must include: 

(1) the name of the agency the licensee was licensed by; and 

(2) the licensing history of the out-of-home placement, including the type of license held by the operator of the placement, the period for which the placement has been licensed and a summary of all violations by the licensee and any other actions by the licensee or an employee of the licensee that constitute a substantial failure to protect and promote the health, safety and welfare of a child. 

A new section of the Abuse and Neglect Act is enacted to require that the department create and maintain a public, easily accessible and searchable dashboard on the department's website. The confidentiality of personal identifier information must be safeguarded consistent with federal and state law. The dashboard must be updated at least quarterly and must include the data to be reported to the governor and the legislature. 

Further, by February 1 of each year, the department must submit a report to the governor and the legislature that includes specified data for the prior twelve months ending on December 31.
 

 Current abuse and neglect laws protect the privacy of information by keeping records confidential, for the purpose of protecting the rights of the child, their parents, and their guardians. The state may release information in certain limited circumstances. The Abuse and Neglect Act does not currently include a requirement regarding a public web site. 

 Committee Substitute February 26, 2025 in SHPAC

SHPACcs/SB 84: The Senate Health and Public Affairs Committee Substitute for Senate Bill 84 adds an exception for the case of a fatality, stating: “other than in the case of a fatality, redacted information…may be released by the department…”

The exception of “a party to a court proceeding relating to a department investigation” is modified to add the caveat “as long as the party does not disclose personal identifier information that is still confidential for the child or the child’s parent or guardian.”

In the section on fatalities, a definition of “personal identifier information” is added, defined as “a person’s name” and: “all but the last four digits of a person’s taxpayer identification number; financial account number; credit or debit card number; or drivers license number, and all but the year of a person’s date of birth, social security number, and address, but not the city, state or zip code.”

Procedures are added for the case of a near fatality.