The "Office of Child Advocate Act" establishes a new Office of Child Advocate within the New Mexico Children's Code, which will be administratively attached to the attorney general's office. The act defines important terms such as "child in custody" and "near fatality," and outlines the office's structure and responsibilities. A state child advocate will be appointed by the governor with the senate's consent for a six-year term, overseeing the office's operations. Additionally, a State Child Advocate Selection Committee will be created to nominate candidates for this position, ensuring a transparent selection process. The office will have the authority to review services provided by the children, youth, and families department, investigate complaints, and produce an annual performance report while maintaining confidentiality of sensitive information.

The bill also amends existing laws regarding the confidentiality and disclosure of records related to child neglect or abuse proceedings. It specifies that records concerning parties involved in such proceedings will remain confidential and only accessible to certain individuals, including court personnel and appointed advocates. Notably, it allows for the disclosure of records to foster parents related to children currently placed with them or being considered for placement. The bill introduces penalties for the unlawful release of confidential information, classifying it as a petty misdemeanor, and mandates the responsible department to create rules for compliance with state and federal laws. The provisions of this act are set to take effect on July 1, 2025, aiming to enhance the protection of sensitive information while ensuring necessary access for child welfare.

Statutes affected:
introduced version: 32A-2-32, 32A-4-33
Final Version: 32A-2-32, 32A-4-33, 14-2-1