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 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 a person who commits abuse that does not result in the child's death or great bodily harm is guilty of a third-degree felony for a first offense, escalating to a second-degree felony for subsequent offenses.

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 also 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 where controlled substances are manufactured. The act is declared an emergency, necessitating its immediate effect for public safety.

Statutes affected:
introduced version: 30-6-1