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 neglected, or whose guardian is unable to fulfill their responsibilities due to various incapacities. Importantly, the bill also specifies that a child is not considered neglected solely due to inadequate financial resources or circumstances such as poverty, social isolation, or cultural practices within an Indian community.

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 resources to meet the child's basic needs before placing the child in custody. If the only reason for custody is the parent's financial inadequacy, the child must be released once the parent accepts resources that enable them to provide for the child. The bill emphasizes the importance of family preservation and reunification efforts, ensuring that the child's health and safety remain the primary concern throughout the process.

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