Office of Child Advocate

NMSA 1978 ch. 32A, art. 30

in effect

NMSA 1978, § 32A-30-1 Short title

32A-30-1. Short title Sections 1 through 15 [32A-30-1 to 32A-30-15 NMSA 1978] of this act may be cited as the "Office of Child Advocate Act". Laws 2025, ch. 13, § 1.

NMSA 1978, § 32A-30-2 Definitions

32A-30-2. Definitions As used in the Office of Child Advocate Act: A. "child in custody" means a minor who is placed by the department in custodial or residential care, including foster care, kinship care or care within a group home, a residential treatment center, a juvenile justice facility, a semi-independent living program or an emergency shelter, pursuant to a court order or otherwise sanctioned by the court and does not live with either of the child's birth parents; B. "committee" means the state child advocate selection committee; C. "department" means the children, youth and families department; D. "near fatality" means an injury or condition caused by abuse or neglect that results in a child: (1) being placed in serious or critical condition, as certified by a licensed physician; and (2) receiving critical care for at least twenty-four hours following the child's admission to a critical care unit; and E. "office" means the office of child advocate. Laws 2025, ch. 13, § 2.

NMSA 1978, § 32A-30-3 Office of child advocate; created

32A-30-3. Office of child advocate; created The "office of child advocate" is created and is administratively attached to the office of the attorney general pursuant to Section 9-1-7 NMSA 1978. The office shall maintain autonomy over the office's budget and any decisions the office may take. Laws 2025, ch. 13, § 3.

NMSA 1978, § 32A-30-4 State child advocate; appointment; duties

32A-30-4. State child advocate; appointment; duties The head of the office is the "state child advocate", who shall be appointed by the governor with the advice and consent of the senate for a term of six years. The advocate shall be appointed as soon as practicable. The initial term shall end December 31, 2031. At the time of appointment, the state child advocate shall have, at a minimum, five years of documented professional experience working in child protective or juvenile justice services and be licensed in good standing as an attorney, a psychologist or social worker. The state child advocate may be reappointed to two successive terms. An appointed state child advocate shall serve and have all of the duties, responsibilities and authority of that office during the period of time in which the state child advocate is appointed. The attorney general may remove the state child advocate only for malfeasance, misfeasance or abuse of office. The state child advocate shall oversee the office and assign and distribute the work of the state child advocate. Laws 2025, ch. 13, § 4.

NMSA 1978, § 32A-30-5 State child advocate selection committee; duties

32A-30-5. State child advocate selection committee; duties A. The "state child advocate selection committee" is created and consists of seven members, including: (1) one member who shall be selected by the president pro tempore of the senate; (2) one member who shall be selected by the minority floor leader of the senate; (3) one member who shall be selected by the speaker of the house of representatives; (4) one member who shall be selected by the minority floor leader of the house of representatives; (5) one member who shall be selected by the governor; and (6) two members who shall be selected by the chief justice of the supreme court. B. The committee shall elect a chair from the committee's membership. C. The committee shall meet by September 1, 2025 exclusively for the purpose of nominating persons to fill the position of state child advocate. The committee shall actively solicit, accept and evaluate applications for the position of state child advocate and may require applicants to submit any information that the committee deems relevant to the consideration of applications. Within ninety days before the date on which the term of a state child advocate ends or no later than thirty days after the occurrence of a vacancy in the state child advocate position, the committee shall convene and, within thirty days after convening, submit to the governor the names of persons who are recommended for appointment to the position by a majority of the committee members. D. The governor shall fill a vacancy or appoint a successor to fill an impending vacancy in the office of state child advocate within thirty days after receiving final nominations from the committee by appointing one of the persons nominated by the committee. E. The committee is administratively attached to the office of the attorney general pursuant to the provisions of Section 9-1-7 NMSA 1978. F. After the initial meeting of the committee, the governor or a majority of the committee members may call a subsequent meeting of the committee to nominate persons to fill a current or impending vacancy in the position of state child advocate. G. The members of the committee shall receive per diem and mileage as provided in the Per Diem and Mileage Act [10-8-1 through 10-8-8 NMSA 1978] and shall receive no other compensation, perquisite or allowance. Laws 2025, ch. 13, § 5.

NMSA 1978, § 32A-30-6 Office of child advocate; powers; duties

32A-30-6. Office of child advocate; powers; duties The office: A. shall: (1) review the department's provision of services to children and families, receive complaints concerning the actions of the department or of any entity or person that provides services to children and families through funds provided by the department and make appropriate referrals when the state child advocate determines that a child or family may be in need of assistance; (2) determine the extent to which the department's policies and procedures protect and enhance children's personal dignity, right to privacy, appropriate health care and education in accordance with state and federal law; (3) adopt and promulgate rules in accordance with the State Rules Act [Chapter 14, Article 4 NMSA 1978] as are deemed necessary to carry out the provisions of the Office of Child Advocate Act; (4) operate a toll-free hotline and electronic communication portal to receive complaints pursuant to this section; (5) investigate and attempt to resolve complaints made by or on behalf of a child in custody, receiving services under the supervision of the department, subject to a referral to the department or whose parent, guardian or custodian is under investigation by the department; (6) upon rendering a decision to investigate a complaint, notify the complainant of the intention to investigate and, if the office declines to investigate a complaint or continue an investigation, notify the complainant that no further action will be taken by the office; (7) update the complainant on the progress of the investigation within thirty days and notify the complainant and the subjects of the complaint of the final outcome within ninety days of the completion of the investigation; (8) analyze and monitor the development and implementation of federal, state and local laws, regulations and policies relating to child and family welfare and recommend changes when appropriate; (9) provide information about the children's and families' rights and responsibilities related to departmental services; (10) provide comprehensive information concerning child and family welfare to the governor, state agencies and legislators; (11) compile an annual report pursuant to Section 7 [32A-30-7 NMSA 1978] of the Office of Child Advocate Act; (12) access information or records that the department would be entitled to access or receive and that are necessary for carrying out the provisions of the Office of Child Advocate Act; (13) access and review information, records or documents that the department would be entitled to access or receive, including records of third parties, that the office deems necessary to conduct a thorough and independent review of a complaint; and (14) refer any finding of a violation of federal or state constitutional rights, reckless disregard for the health and safety of a child or a pattern of conduct or repeated incidents of violating laws and rules relating to child and family welfare to the attorney general; and B. may: (1) hire and contract for such professional, technical and support staff as needed to carry out the functions of the office; provided that employees of the office, except the state child advocate, are subject to the provisions of the Personnel Act [Chapter 10, Article 9 NMSA 1978]; (2) meet or communicate with any child in custody, receiving services under the supervision of the department or under investigation by the department; and (3) refer a complaint to another agency for investigation. Laws 2025, ch. 13, § 6.

NMSA 1978, § 32A-30-7 Annual report; report contents; creation and maintenance of website containing report information

32A-30-7. Annual report; report contents; creation and maintenance of website containing report information A. Each year, the office shall submit to the legislative finance committee, legislative health and human services committee, nations, tribes and pueblos of New Mexico, the department, the supreme court and the governor on or before September 1 a report addressing services provided by the department, including: (1) the quality of services provided to children and families; (2) the conditions of placements for New Mexico's children, the number of out-of-state placements and an assessment of each active congregate care and juvenile justice facility in which children in custody are placed; (3) the number of children removed from the household of a parent, foster parent or guardian; (4) the number of children returned to a household from which they were removed; (5) the number of children removed from a household subsequent to being returned to a household from which they were removed; (6) the number of children placed in a juvenile justice facility; (7) the number of children in custody who have run away from a department placement, the number of children in custody who have been found after running away and the number of children in custody who are currently missing; (8) the number of cases in which families subject to court-ordered treatment plans or voluntary placement agreements have absconded with children in custody; (9) a review of systemic issues related to services for assistance to children and families within the child protection and juvenile justice systems; (10) findings and recommendations related to the implementation of the federal Indian Child Welfare Act of 1978 and the Indian Family Protection Act [32A-28-1 to 32A-28-42 NMSA 1978]; (11) recommendations related to improving department services for children and families; (12) data disaggregated by race, ethnicity, gender, geographic location, sexual identity, disability status, tribal affiliation and any other categories that the office deems necessary; and (13) an outline of the training and certification process for the state child advocate and office staff. B. To the extent possible, the office shall use methodology that is consistent with the system used by federal government agencies for calculating and reporting the data required for the office's annual report. C. The office shall create and maintain a web page on which the data contained in Subsection A of this section shall be provided in an accessible manner and updated quarterly. D. Each year, the annual report shall be posted to the web page created pursuant to Subsection C of this section. Laws 2025, ch. 13, § 7.

NMSA 1978, § 32A-30-8 Training and certification

32A-30-8. Training and certification A. The state child advocate shall ensure that office staff are trained in: (1) federal, state, local and tribal laws, regulations and policies with respect to child protection and juvenile justice services in the state; (2) investigative techniques, including trauma-informed care and questioning; (3) the federal Indian Child Welfare Act of 1978, the Indian Family Protection Act [32A-28-1 to 32A-28-42 NMSA 1978], tribal culture, tribal relations and sovereign nation status; (4) department policies and procedures, including policies and procedures related to abuse and neglect, out-of-home placement and safety and risk assessments; and (5) such other matters as the office deems appropriate. B. The state child advocate shall develop procedures for the training and certification of appropriate staff. C. An officer, employee or other representative of the office shall not investigate any complaint filed with the office unless that person is certified by the office. Laws 2025, ch. 13, § 8.

NMSA 1978, § 32A-30-9 Conflict of interest

32A-30-9. Conflict of interest Persons who are employees of the office or who have contracts with the office shall not have a conflict of interest with the department or with an entity that provides services to children and families through funds provided by the department relating to the performance of their responsibilities pursuant to the Children's Code [Chapter 32A NMSA 1978]. For the purposes of this section, a conflict of interest exists whenever the state child advocate, an employee of the office or a person having a contract with the office: A. has direct involvement in the licensing, certification or accreditation of a provider or facility delivering services to children and families; B. has an ownership interest in a provider or facility delivering services to children and families; C. is employed by or participates in the management of a provider or facility delivering services to children and families; or D. receives or has the right to receive, directly or indirectly, remuneration pursuant to a compensation arrangement with a provider or facility delivering services to children and families. Laws 2025, ch. 13, § 9.

NMSA 1978, § 32A-30-10 Incidents, fatalities and near fatalities

32A-30-10. Incidents, fatalities and near fatalities A. The department shall provide the office with a copy of all reports related to actual physical injury to a child in custody. B. The department shall provide the office with a written notification within seventy-two hours of: (1) a fatality or near fatality of a child in custody or referred or receiving services under the supervision of the department; and (2) the restraint or seclusion of a child in custody. Laws 2025, ch. 13, § 10.

NMSA 1978, § 32A-30-11 Law enforcement reports

32A-30-11. Law enforcement reports Upon request by the office, law enforcement agencies shall share with the office all law enforcement reports involving a child in custody, receiving services under the supervision of the department or whose parent, guardian or custodian is under investigation by the department. Laws 2025, ch. 13, § 11.

NMSA 1978, § 32A-30-12 Confidentiality of information

32A-30-12. Confidentiality of information A. Except as provided in Subsection B of this section, the office shall maintain the confidentiality of all case records, third-party records and court records, as well as any information gathered in the course of investigations and system monitoring duties. These records are exempt from public inspection and copying pursuant to the Inspection of Public Records Act [Chapter 14, Article 2 NMSA 1978] and shall be kept confidential unless disclosure is: (1) ordered by the court; (2) necessary to prevent imminent harm and the imminent harm is communicated directly to the state child advocate or staff of the office; (3) necessary to the department for the department to determine the appropriateness of initiating an investigation regarding potential abuse or neglect or other emergency circumstances; or (4) necessary to the department for the department to determine the appropriateness of initiating an investigation to determine facility compliance with applicable rules of licensure or certification or both. B. The office may publicly report any patterns of conduct or repeated incidents identified by the office in carrying out the provisions of the Office of Child Advocate Act; provided that the office shall not publicly disclose either of the following: (1) individually identifiable information about a child; and (2) investigation findings when there is a pending law enforcement investigation or prosecution. Laws 2025, ch. 13, § 12.

NMSA 1978, § 32A-30-13 Other remedies

32A-30-13. Other remedies An individual who pursues remedies pursuant to the Office of Child Advocate Act is not precluded from pursuing other legal or equitable remedies. Laws 2025, ch. 13, § 13.

NMSA 1978, § 32A-30-14 Notification of office of child advocate

32A-30-14. Notification of office of child advocate The department shall notify all children in custody, receiving services under the supervision of the department or under investigation by the department and their parents, guardians, foster parents and fictive kin of the existence of the office, its purpose and function and its toll-free hotline and electronic communication portal with instructions for access. Laws 2025, ch. 13, § 14.

NMSA 1978, § 32A-30-15 Action by the attorney general

32A-30-15. Action by the attorney general A. The attorney general may bring a civil cause of action for declaratory or injunctive relief against the department based on a finding by the office of a violation of federal or state constitutional rights, reckless disregard of the health and safety of a child or a pattern of conduct or repeated incidents of violating laws and rules relating to child and family welfare. B. The attorney general shall develop and implement procedures to prevent conflicts of interest in the investigation or prosecution of the department or an employee of the department, including procedures regarding segregation or sequestration of information related to such investigations or prosecutions. C. The authority provided in this section is in addition to the other powers and duties of the attorney general and does not prevent prosecution for a violation of the Criminal Code [30-1-1 NMSA 1978]. Laws 2025, ch. 13, § 15.

Source: New Mexico Compilation Commission (nmonesource.com)URL: https://nmonesource.com/nmos/nmsa-unanno/en/item/18532/index.doFetched: 10/20/2026