N. M. S. A. 1978, ? 32A-4-33
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West's New Mexico Statutes Annotated Currentness
Chapter 32A. Children's Code (Refs & Annos)
Article 4. Child Abuse and Neglect (Refs & Annos)
? 32A-4-33. Confidentiality; records; penalty
A.
All records or information concerning a party to a neglect or abuse
proceeding, including social records, diagnostic evaluations,
psychiatric or psychological reports, videotapes, transcripts and audio
recordings of a child's statement of abuse or medical reports incident
to or obtained as a result of a neglect or abuse proceeding or that were
produced or obtained during an investigation in anticipation of or
incident to a neglect or abuse proceeding shall be confidential and
closed to the public.
B. The records described in Subsection A of this section shall be disclosed only to the parties and:
(1) court personnel;
(2) court-appointed special advocates;
(3) the child's guardian ad litem;
(4)
the attorney representing the child in an abuse or neglect action, a
delinquency action or any other action under the Children's Code;
(5) department personnel;
(6) any local substitute care review board or any agency contracted to implement local substitute care review boards;
(7) law enforcement officials, except when use immunity is granted pursuant to Section 32A-4-11 NMSA 1978;
(8) district attorneys, except when use immunity is granted pursuant to Section 32A-4-11 NMSA 1978;
(9)
any state government social services agency in any state or when, in
the opinion of the department it is in the best interest of the child, a
governmental social services agency of another country;
(10) those persons or entities of an Indian tribe specifically authorized to inspect the records pursuant to the federal Indian Child Welfare Act of 1978 [FN1] or any regulations promulgated thereunder;
(11)
a foster parent, if the records are those of a child currently placed
with that foster parent or of a child being considered for placement
with that foster parent and the records concern the social, medical,
psychological or educational needs of the child;
(12) school personnel involved with the child if the records concern the child's social or educational needs;
(13)
health care or mental health professionals involved in the evaluation
or treatment of the child, the child's parents, guardian, custodian or
other family members;
(14)
protection and advocacy representatives pursuant to the federal
Developmental Disabilities Assistance and Bill of Rights Act [FN2] and the federal Protection and Advocacy for Mentally Ill Individuals Amendments Act of 1991; [FN3]
(15)
children's safehouse organizations conducting investigatory interviews
of children on behalf of a law enforcement agency or the department;
and
(16) any other person or entity, by order of the court, having a legitimate interest in the case or the work of the court.
C.
A parent, guardian or legal custodian whose child has been the subject
of an investigation of abuse or neglect where no petition has been filed
shall have the right to inspect any medical report, psychological
evaluation, law enforcement reports or other investigative or diagnostic
evaluation; provided that any identifying information related to
the reporting party or any other party
providing information shall be deleted. The parent, guardian or
legal custodian shall also have the right to the results of the
investigation and the right to petition the court for full access to all
department records and information except those records and information
the department finds would be likely to endanger the life or safety of
any person providing information to the department.
D.
Whoever intentionally and unlawfully releases any information or
records closed to the public pursuant to the Abuse and Neglect Act or
releases or makes other unlawful use of records in violation of that act
is guilty of a petty misdemeanor and shall be sentenced pursuant to the
provisions of Section 31- 19-1 NMSA 1978.
E.
The department shall promulgate rules for implementing disclosure of
records pursuant to this section and in compliance with state and
federal law and the Children's Court Rules.