This bill amends the Tort Claims Act in New Mexico to create an exception to the immunity typically granted to governmental entities and public employees in cases of child abuse or neglect. Specifically, it introduces a new section, 41-4-12.1 NMSA 1978, which states that the immunity provided under Subsection A of Section 41-4-4 does not apply when a child is abused due to the negligence of employees of the Children, Youth and Families Department while the child is in their custody. This provision is aimed at holding the department accountable in instances where a child has been removed from their home due to prior abuse or neglect.

Additionally, the bill makes several amendments to existing language in Section 41-4-4, including the removal of references to specific sections and the insertion of new provisions that clarify the scope of immunity and liability for public employees. Notably, the bill replaces the term "his" with gender-neutral language, ensuring inclusivity in the legal text. Overall, the bill seeks to enhance protections for children in state custody by allowing for legal recourse in cases of negligence by state employees.

Statutes affected:
introduced version: 41-4-4