The bill amends the definition of "neglected child" within the Abuse and Neglect Act in New Mexico, introducing specific criteria to clarify when a child is considered neglected. It establishes that a neglected child is one who has been abandoned, lacks necessary care due to the behaviors of their parent or guardian, has been abused, or whose caregiver is unable to fulfill their responsibilities due to various incapacities. Importantly, the bill specifies that a child cannot be deemed neglected solely due to their parent's inadequate financial resources or circumstances such as poverty, social isolation, or cultural practices, particularly for Indian children raised in accordance with their community's standards.

Additionally, the bill outlines new requirements for the Department of Children, Youth and Families when a child is taken into custody. It mandates that caseworkers must make reasonable efforts to assist the child's parent or guardian in obtaining necessary support to meet the child's basic needs before placing the child in custody. If the child's placement is solely due to financial inadequacies, the child must be released once the parent has accepted resources to meet those needs. The bill also emphasizes the importance of considering the child's familial connections and the conditions justifying continued out-of-home placement, excluding financial inadequacies, during court hearings related to custody decisions.

Statutes affected:
introduced version: 32A-4-2, 32A-4-7, 32A-4-22