2019 New Mexico Statutes
Chapter 24 - Health and Safety
Article 22 - Safe Haven for Infants
Section 24-22-5 - Responsibilities of the children, youth and families department.

A. The children, youth and families department shall be deemed to have emergency custody of an infant who has been left at a safe haven site according to the provisions of the Safe Haven for Infants Act.

B. Upon receiving a report of an infant left at a safe haven site pursuant to the provisions of the Safe Haven for Infants Act, the children, youth and families department shall immediately conduct an investigation, pursuant to the provisions of the Abuse and Neglect Act [Chapter 32A, Article 4 NMSA 1978].

C. When an infant is taken into custody by the children, youth and families department, the department shall make reasonable efforts to determine whether the infant is an Indian child. If the infant is an Indian child:

(1) the child's tribe shall be notified as required by Section 32A-1-14 NMSA 1978 and the federal Indian Child Welfare Act of 1978; and

(2) pre-adoptive placement and adoptive placement of the Indian child shall be in accordance with the provisions of Section 32A-5-5 NMSA 1978 regarding Indian child placement preferences.

D. The children, youth and families department shall perform public outreach functions necessary to educate the public about the Safe Haven for Infants Act, including developing literature about that act and distributing it to safe haven sites.

E. An infant left at a safe haven site in accordance with the provisions of the Safe Haven for Infants Act shall presumptively be deemed eligible and enrolled for medicaid benefits and services.

History: Laws 2001, ch. 31, § 5; 2001, ch. 132, § 5; 2005, ch. 26, § 6; 2013, ch. 20, § 5.

Cross references. — For the federal Indian Child Welfare Act of 1978, see 25 U.S.C. § 1901, et seq.

The 2013 amendment, effective June 14, 2013, changed terminology to conform to changes in terminology in the act; and in Subsections A, B, D and E, deleted "hospital" and inserted "safe haven site".

The 2005 amendment, effective June 17, 2005, provided that if the infant is an Indian child, the child's tribe shall be notified as required by 32A-1-14 NMSA 1978 and the federal Indian Child Welfare Act of 1978.