The proposed legislation establishes the Office of Child Advocate Act, creating the Office of Child Advocate within the New Mexico Children's Code. This office will oversee the welfare of children in custody, ensuring their rights are protected and addressing complaints about the services provided by the Children, Youth and Families Department. The act outlines the appointment process for the State Child Advocate, who will serve a six-year term and must possess relevant professional experience. A State Child Advocate Selection Committee is also established to nominate candidates, promoting a diverse and qualified selection process. The office will have the authority to investigate complaints, review departmental policies, and compile annual reports on child welfare services while maintaining confidentiality of sensitive information.

Additionally, the bill introduces a new section empowering the attorney general to initiate civil actions against the department or its employees for violations of constitutional rights or child safety. It amends existing confidentiality provisions to expand access to records related to children involved in neglect or abuse proceedings, allowing the attorney general and the office of child advocate to access these records when necessary for implementing the act. The legislation emphasizes the importance of confidentiality and outlines penalties for unlawful disclosure. The provisions of this act are set to take effect on July 1, 2025.

Statutes affected:
introduced version: 32A-2-32, 32A-4-33