HB 175 SHARING OF CERTAIN CYFD INFO

Rep Marian Matthews

Actions: [2] not prntd-HRC

Scheduled: Not Scheduled

 House Bill 175 (HB 175) 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 CYFD clients; requires the court’s written order when excluding media from an abuse or neglect proceeding, which is appealable; requires reports on the CYFD website; and prescribes a penalty. 

 House Bill 175 (HB 175) 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 CYFD clients; requires the court’s written order when excluding media from an abuse or neglect proceeding, which is appealable; requires reports on the CYFD website; and prescribes a penalty.

Section 32A-4-2 NMSA 1978 is amended to include a definition of “personal identifier information”.

Section 32A-4-20 is amended to specify conditions for media presence and closed hearings, and to require a written court order explaining any reasons for excluding the media from a hearing.

Section 32A-4-33 NMSA 1978 is amended to state that in investigations and proceedings involving abuse or neglect, the CYFD may not disclose personal identifier information of the child or the child’s parents, except:

•	To a party to a court proceeding related to a CYFD investigation;

•	In cases involving death or near death of a child;

•	In cases where the child is missing or in danger of serious injury; or

•	When the child’s parents have been publicly identified by a person outside the department

Requirements for reporting, data-sharing, record-keeping and redactions are detailed. Restrictions, requirements and allowances regarding CYFD communications and information-sharing are detailed, and penalties are prescribed for breaches of confidentiality.

 

 If the bill does not pass, the additional clarifying or changed language in the law will not be made, and the existing language will need to be relied upon. 

 Senate Bill 152 (SB 152) - CYFD Investigations and Background Checks
House Bill 254 (HB 254) - CYFD and Federal Benefits
Senate Bill 230 (SB 230) - Disclosure of Certain Health Information
Senate Bill 258 (SB 258) - Sharing of Certain CYFD Information