This bill amends the existing law regarding child abandonment and abuse in New Mexico by explicitly defining exposure to certain controlled substances as a form of child abuse. It introduces new legal language that states a child is considered abused if they test positive at birth for either a Schedule I or Schedule II controlled substance, unless the positive test is due to the mother's lawful intake of such substances as prescribed. Additionally, the bill clarifies that evidence of a child being knowingly exposed to the use of methamphetamine or being allowed to enter premises containing chemicals for manufacturing controlled substances constitutes prima facie evidence of abuse. It also removes the previous language that allowed for certain defenses regarding the presence of a child in these situations.

Furthermore, the bill establishes new provisions for taking newborn children into temporary protective custody. It stipulates that a newborn in a hospital cannot be taken into custody without a court order unless an emergency situation exists, and it outlines specific circumstances under which a newborn not in a hospital can be taken into custody without a court order, such as being affected by substance abuse or being in an environment where controlled substances are manufactured. The bill emphasizes that taking a newborn into temporary custody does not constitute an arrest and defines "newborn child" as a child less than seventy-two hours old. The act is declared an emergency measure, necessitating immediate effect for public safety.

Statutes affected:
introduced version: 30-6-1