A. After learning that a child fatality has occurred and that there is reasonable suspicion that the fatality was caused by abuse or neglect, the department shall, upon written request to the secretary of the department, release the following information, if in the department's possession, within five business days:
(1) the age and gender of the child;
(2) the date of death;
(3) whether the child was in foster care or in the home of the child's parent or guardian at the time of death; and
(4) whether an investigation is being conducted by the department.
B. If an investigation is being conducted by the department, then a request for further information beyond that listed in Subsection A of this section shall be answered with a statement that a report is under investigation.
C. Upon completion of a child abuse or neglect investigation into a child's death, if it is determined that abuse or neglect caused the child's death, the following documents shall be released upon request:
(1) a summary of the department's investigation;
(2) a law enforcement investigation report, if in the department's possession; and
(3) a medical examiner's report, if in the department's possession.
D. Prior to releasing any document pursuant to Subsection C of this section, the department shall consult with the district attorney and shall redact:
(1) information that would, in the opinion of the district attorney, jeopardize a criminal investigation or proceeding;
(2) identifying information related to a reporting party or any other party providing information; and
(3) information that is privileged, confidential or not subject to disclosure pursuant to any other state or federal law.
E. Once documents pursuant to this section have been released by the department, the department may comment on the case within the scope of the release.
F. Information released by the department consistent with the requirements of this section does not require prior notice to any other individual.
G. Nothing in this section shall be construed as requiring the department to obtain documents not in the abuse and neglect case file.
H. A person disclosing abuse and neglect case file information as required by this section shall not be subject to suit in civil or criminal proceedings for complying with the requirements of this section.
History: 1978 Comp., § 32A-4-33.1, as enacted by Laws 2009, ch. 239, § 52.
Effective dates. — Laws 2009, ch. 239, § 72 made Laws 2009, ch. 239, § 52 effective July 1, 2009.
Applicability. — Laws 2009, ch. 239, § 71, provided that the provisions of this act apply to all children who, on July 1, 2009, are on release or are otherwise eligible to be placed on release as if the Juvenile Public Safety Advisory Board Act had been in effect at the time they were placed on release or became eligible to be released.
Structure 2021 New Mexico Statutes
Article 4 - Child Abuse and Neglect
Section 32A-4-1 - Short title.
Section 32A-4-2 - Definitions.
Section 32A-4-4 - Complaints; referral; preliminary inquiry.
Section 32A-4-4.1 - Multilevel response system.
Section 32A-4-6 - Taking into custody; penalty.
Section 32A-4-7 - Release or delivery from custody.
Section 32A-4-8 - Place of temporary custody.
Section 32A-4-9 - Indian child placement; preferences.
Section 32A-4-10 - Basic rights.
Section 32A-4-11 - Use immunity.
Section 32A-4-12 - Protective orders.
Section 32A-4-13 - Contempt power.
Section 32A-4-14 - Change in placement.
Section 32A-4-15 - Petition; authorization to file.
Section 32A-4-16 - Ex-parte custody orders.
Section 32A-4-17 - Summons; content.
Section 32A-4-17.1 - Notice to grandparents and relatives.
Section 32A-4-18 - Custody hearings; time limitations; notice; probable cause.
Section 32A-4-19 - Adjudicatory hearings; time limitations.
Section 32A-4-20 - Conduct of hearings; findings; dismissal; dispositional matters; penalty.
Section 32A-4-21 - Neglect or abuse predisposition studies, reports and examinations.
Section 32A-4-22 - Disposition of adjudicated abused or neglected child.
Section 32A-4-25 - Periodic judicial review of dispositional judgments.
Section 32A-4-25.1 - Permanency hearings; permanency review hearings.
Section 32A-4-25.2 - Transition services.
Section 32A-4-25.3 - Discharge hearing.
Section 32A-4-26 - Parental responsibility.
Section 32A-4-27 - Intervention; persons permitted to intervene.
Section 32A-4-28 - Termination of parental rights; adoption decree.
Section 32A-4-29 - Termination procedure.
Section 32A-4-30 - Attorney fees.
Section 32A-4-31 - Permanent guardianship of a child.
Section 32A-4-32 - Permanent guardianship; procedure.
Section 32A-4-33 - Confidentiality; records; penalty.
Section 32A-4-33.1 - Records release when a child dies.
Section 32A-4-34 - Duties of employees.
Section 32A-4-35 - Appointment or change of educational decision maker.