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N.M. Stat. § 24-22-5

West's New Mexico Statutes Annotated Currentness

Chapter 24. Health and Safety

Article 22. Safe Haven for Infants


§ 24-22-5. Responsibilities of the children, youth and families department


A. The children, youth and families department shall be deemed to have emergency custody of an infant who has been left at a hospital according to the provisions of the Safe Haven for Infants Act.


B. Upon receiving a report of an infant left at a hospital pursuant to the provisions of the Safe Haven for Infants Act, the children, youth and families department shall immediately conduct an investigation, pursuant to the provisions of the Abuse and Neglect Act.


C. When an infant is taken into custody by the children, youth and families department, the department shall make reasonable efforts to determine whether the infant is an Indian child. If the infant is an Indian child:


(1) the child's tribe shall be notified as required by Section 32A-1-14 NMSA 1978 and the federal Indian Child Welfare Act of 1978; and


(2) pre-adoptive placement and adoptive placement of the Indian child shall be in accordance with the provisions of Section 32A-5-5 NMSA 1978 regarding Indian child placement preferences.


D. The children, youth and families department shall perform public outreach functions necessary to educate the public about the Safe Haven for Infants Act, including developing literature about that act and distributing it to hospitals.


E. An infant left at a hospital in accordance with the provisions of the Safe Haven for Infants Act shall presumptively be deemed eligible and enrolled for medicaid benefits and services.


L. 2001, Ch. 31, § 5, eff. March 14, 2001; L. 2001, Ch. 132, § 5, eff. April 2, 2001; L. 2005, Ch. 26, § 6, eff. June 17, 2005.