Analysis

Synopsis:

 Senate Bill 257 (SB 257) expands the scope of delinquency placements. SB 257 provides for petitions for alternative placements for delinquency placements. SB 257 ensures that placements for Indian children provide access to cultural practices. SB 257 enacts requirements for court orders for delinquency placements.

Analysis:

 Senate Bill 257 (SB 257) changes sections of the NMSA 1978.

Changed Law: Delinquency Act-Definitions, Section 32A-2-3 NMSA 1978.

New Subsection (F):

Fictive Kin means a non-relative who has a significant and familial relationship with a child or a child's family that existed prior to the child entering foster care, or a non-relative who developed a significant and familial relationship with a child after the child entered foster care, and who has been identified by the CYFD as the child's permanent connection. 
•	For an Indian child, Fictive Kin is also a person defined according to tribal or pueblo law, custom or tradition. 
•	Fictive Kin may also be a person chosen by a child fourteen years of age or older, without regard to when the relationship was established or for how long, when it is in the best interest of the child to identify that person as fictive kin.


New Law: Placement or Detention, Section 32A-2-12 NMSA 1978.

Changed Subsection (A):

The Child, Youth and Families Department (CYFD) may place or detain a child alleged or adjudicated to be a delinquent child, pending a court hearing, in any of the following places: 
•	(6) the child's home or place of residence with a parent or guardian, under conditions and restrictions approved by the court; or 
•	(7) an approved home of a relative or fictive kin.

Removed Content:
•	may be placed or detained.

New Subsection (B):

When the child is an Indian child, the CYFD will consider:
•	the Indian child's cultural needs when making a placement pursuant to Subsection A of this section; and
•	the placement will provide the Indian child with reasonable access to cultural practices and traditional treatment. 

New Subsection (C): 

If a child's initial placement in the home or place of residence of a parent or guardian is disrupted for any reason, the CYFD may:
•	temporarily move the child to an alternative placement pursuant to the provisions of Subsection A of this section. 

Pursuant to the provisions of Section 32A-2-19 NMSA 1978, the CYFD will: 
•	petition the court for an order authorizing the child's removal from the custody of the parent or guardian no later than three days from the date of the change in placement. 

New Subsection (D):

At any stage in the proceeding to place or detain a child pursuant to this section, the CYFD, the child or the child's attorney may: 
•	petition the court for an order authorizing the child's removal from the custody of the parent or guardian or otherwise modifying a previous placement order issued pursuant to Section 32A-2-19 NMSA 1978 authorizing the CYFD to make an alternative placement pursuant to the provisions of Subsection A of this section. 

New Subsection (E):

When the court grants an order authorizing the child's removal from the custody of a parent or legal guardian pursuant to the provisions of Section 32A-2-19 NMSA 1978, the court will: 
•	specify in writing that the continuance of the child in the home of the parent or legal guardian is contrary to the welfare of the child; and 
•	that reasonable efforts were made by the CYFD to prevent the need to remove the child and order that the responsibility for temporary placement be with the Juvenile Probation Services Office of the CYFD in accordance with the provisions of Section 32A-2-12 NMSA 1978.


Changed Law: Disposition of an Adjudicated Delinquent Offender, Section 32A-2-19 NMSA 1978.

Changed Subsection (B):

If a child is found to be delinquent, the court may impose a fine not to exceed the fine that could be imposed if the child were an adult, and may enter its judgment making any of the following dispositions for the supervision, care, and rehabilitation of the child:

(2) place the child on probation under those conditions and limitations as the court may prescribe; provided when a child is placed on probation pursuant to this paragraph, the court may: 

•	(a) place the child in the custody of a parent or guardian under conditions and limitations that are appropriate for the welfare and rehabilitation of the child. If the judge decides not to place the child in the custody of a parent or guardian, the judge will specify in writing that the continuance of the child in the home of the parent or guardian is contrary to the welfare of the child and that reasonable efforts were made by the CYFD to prevent the need for removal of the child; and 
•	(b) order that the responsibility for temporary placement be with the Juvenile Probation Services Office of the CYFD in accordance with the provisions of Section 32A-2-12 NMSA 1978.

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