New Mexico HB 84: EXPOSURE TO CERTAIN DRUGS AS CHILD ABUSE

Bill Text

underscored material = new[bracketed material
] = delete
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
HOUSE BILL 84
57TH LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, 2026
INTRODUCED BY
Gail Armstrong
AN ACT
RELATING TO CHILDREN; PROVIDING THAT EXPOSURE OF A CHILD TO A
SCHEDULE I OR SCHEDULE II CONTROLLED SUBSTANCE CONSTITUTES
ABUSE OF A CHILD; ADDING EXPOSURE TO THE USE OF FENTANYL AS
EVIDENCE OF ABUSE OF A CHILD; AMENDING AND UPDATING SECTIONS OF
THE CHILDREN'S CODE TO PROVIDE FOR PLANS OF SAFE CARE FOR A
SUBSTANCE-EXPOSED NEWBORN; PROVIDING FOR REPORTS TO THE
CHILDREN, YOUTH AND FAMILIES DEPARTMENT CENTRAL INTAKE SYSTEM
REGARDING CERTAIN NEWBORNS WHO MAY BE AT RISK; AMENDING THE
DEFINITION OF "NEGLECTED CHILD" IN THE ABUSE AND NEGLECT ACT;
PROVIDING FOR TAKING A NEWBORN INTO TEMPORARY PROTECTIVE
CUSTODY UNDER CERTAIN CIRCUMSTANCES; DECLARING AN EMERGENCY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 30-6-1 NMSA 1978 (being Laws 1973,
Chapter 360, Section 10, as amended) is amended to read:
.232980.1

underscored material = new[bracketed material
] = delete
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
"30-6-1. ABANDONMENT OR ABUSE OF A CHILD.--
A. As used in this section:
(1) "child" means a person who is less than
eighteen years of age;
(2) "neglect" means that a child is without
proper parental care and control of subsistence, education,
medical or other care or control necessary for the child's
well-being because of the faults or habits of the child's
parents, guardian or custodian or their neglect or refusal,
when able to do so, to provide them; [and]
(3) "negligently" refers to criminal
negligence and means that a person knew or should have known of
the danger involved and acted with a reckless disregard for the
safety or health of the child; and
(4) "newborn" means a child who is less than
seventy-two hours old.
B. Abandonment of a child consists of the parent,
guardian or custodian of a child intentionally leaving or
abandoning the child under circumstances whereby the child may
or does suffer neglect. A person who commits abandonment of a
child is guilty of a misdemeanor, unless the abandonment
results in the child's death or great bodily harm, in which
case the person is guilty of a second degree felony.
C. A parent, guardian or custodian who leaves an
infant less than ninety days old in compliance with the Safe
.232980.1
- 2 -

underscored material = new[bracketed material
] = delete
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Haven for Infants Act shall not be prosecuted for abandonment
of a child.
D. Abuse of a child consists of a person knowingly,
intentionally or negligently, and without justifiable cause:
(1) causing or permitting a child to be:
[(1)] (a) placed in a situation that may
endanger the child's life or health;
[(2)] (b) tortured, cruelly confined or
cruelly punished; or
[(3)] (c) exposed to the inclemency of
the weather; or
(2) introducing a Schedule I or Schedule II
controlled substance as provided in the Controlled Substances
Act into the person's body if:
(a) the person knows that the person is
pregnant; and
(b) upon the birth following that
pregnancy, the newborn tests positive for that substance.
E. The provisions of Paragraph (2) of Subsection D
of this section do not apply to a person who lawfully uses a
Schedule II controlled substance and subsequently births a
child that tests positive for that substance.
[E.] F. A person who commits abuse of a child that
does not result in the child's death or great bodily harm is,
for a first offense, guilty of a third degree felony and for
.232980.1
- 3 -

underscored material = new[bracketed material
] = delete
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
second and subsequent offenses is guilty of a second degree
felony. If the abuse results in great bodily harm to the
child, the person is guilty of a first degree felony.
[F.] G. A person who commits negligent abuse of a
child that results in the death of the child is guilty of a
first degree felony.
[G.] H. A person who commits intentional abuse of a
child twelve to eighteen years of age that results in the death
of the child is guilty of a first degree felony.
[H.] I. A person who commits intentional abuse of a
child less than twelve years of age that results in the death
of the child is guilty of a first degree felony resulting in
the death of a child.
[I.] J. Evidence that demonstrates that a child has
been knowingly, intentionally or negligently allowed to enter
or remain in a motor vehicle, building or any other premises
that contains chemicals and equipment used or intended for use
in the manufacture of a controlled substance shall be deemed
prima facie evidence of abuse of the child.
[J.] K. Evidence that demonstrates that a child has
been knowingly and intentionally exposed to the use of
methamphetamine or fentanyl shall be deemed prima facie
eviden