Commission would oversee New Mexico child and family services

A three-member commission would oversee the department and appoint its superintendent. The commission would oversee the Children, Youth and Families Department and approve its budget and certain other decisions. The commission would have one appointee each chosen by the governor, House speaker, and Senate president pro tempore. These provisions would take effect only if the secretary of state certifies approval of the related constitutional amendment. The commission would take office July 1, 2027. The department’s transition to an adjunct agency would occur by January 1, 2028.

The department would coordinate services for children and families and track them statewide. The duties cover department services for children, youth, and families, including mental health, substance use, and domestic violence services. The department would carry out these duties in consultation with the commission. It would propose placement rules, including rules to limit or prohibit out-of-state placements when in-state alternatives are available. The department would assess service gaps every two years.

The department would keep and back up employees’ work-related electronic records. The rules cover work-related electronic records generated, sent, or stored on devices used by department employees. Employees could not erase work-related data from department-issued devices. The department would use software that meets federal data retention and protection laws. Backups would be made daily. Retention would last through employment and for at least seven years afterward.

The department would administer grants for local and tribal juvenile justice programs. Grants would support local or tribal partnerships serving juveniles arrested, referred to juvenile probation and parole, or at risk of referral. Grant money would be available only if the legislature appropriates it to the department. A local or tribal government could apply for up to 60 percent of a program’s annual cost and would need a 40 percent local match, which may include money, land, equipment, or services. The commission would set grant rules; the juvenile justice advisory committee would review applications and recommend some for final approval. The commission would set application deadlines by rule.

The department would retain certain staff and give some correctional officers peace officer powers in specified situations. These provisions cover department employees and volunteers with unsupervised client contact, their supervisors, and department correctional officers. Staff with unsupervised client contact, and their supervisors, could not have a substantiated child abuse or neglect allegation, except when a court dismissed the case and returned custody before or at a permanency review hearing. A felony conviction would bar such staff only when it is directly related to their job duties. Officers would need to complete an appropriate training course to exercise the listed powers. The listed peace officer powers would apply at department facilities, during transport, or while supervising or pursuing a youth committed to or under department supervision.