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 guidelines 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 confirming an emergency situation and serious endangerment. In non-hospital settings, a newborn can only be taken into custody for a maximum of twenty-four hours without a court order. The bill allows for immediate custody without a court order in specific circumstances, such as when a newborn is affected by substance abuse or is in an environment exposing them to drug manufacturing. The act is declared an emergency, necessitating its immediate effect for public safety.

Statutes affected:
introduced version: 30-6-1