2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 3B - Families in Need of Court-Ordered Services › Section 32A-3B-22 - Confidentiality; records; penalty.

A. All records or information concerning a family in need of court-ordered services, including social records, diagnostic evaluation, psychiatric or psychological reports, videotapes, transcripts and audio recordings of a child's statement of abuse or medical reports, obtained as a result of an investigation in anticipation of or incident to a family in need of court-ordered services 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 to:
(1) court personnel;
(2) court appointed special advocates;
(3) the child's guardian ad litem or attorney;
(4) the child's attorney representing the child in an abuse or neglect action, a delinquency action or any other action, including a public defender;
(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;
(8) district attorneys;
(9) a state or tribal government social services agency of any state;
(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 or any regulations promulgated thereunder;
(11) tribal juvenile justice system and social service representatives;
(12) 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;
(13) school personnel involved with the child, if the records concern the child's social or educational needs;
(14) health care or mental health professionals involved in the evaluation or treatment of the child, the child's parents, guardian or custodian or other family members;
(15) protection and advocacy representatives, pursuant to the federal Developmental Disabilities Assistance and Bill of Rights Act and the federal Protection and Advocacy for Mentally Ill Individuals Amendments Act of 1991; 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. Whoever intentionally and unlawfully releases any information or records that are closed to the public pursuant to the provisions of the Children's Code or releases or makes other unlawful use of records in violation of that code is guilty of a petty misdemeanor.
D. 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.
History:
1978 Comp., § 32A-3B-22, enacted by Laws 1993, ch. 77, § 94; 2005, ch. 189, § 36.
ANNOTATIONS
Cross references.
— For the federal Indian Child Welfare Act of 1978,
see
25 U.S.C. § 1901.
For the federal Development Disabilities Assistance and Bill of Rights Act,
see
42 U.S.C. § 6000.
For the federal Protection and Advocacy for Mentally Ill Individuals Act of 1991,
see
42 U.S.C. § 10801.
The 2005 amendment,
effective June 17, 2005, in Subsection A, provided that all records and information obtained as a result an investigation are confidential; in Subsection B, provided that records may be disclosed only to the persons listed in Subsection B(1) through (16); in Subsection B(3), provided that records may be disclosed to the child's attorney; in Subsection B(4), provided that records may be disclosed t the child's attorney representing the child in an abuse or neglect action, a delinquency action or any other action, including a public defender; in Subsection B(9), provided that records may be disclosed to a tribal government; and added Subsection D, which provided that the department shall promulgate rules for the disclosure of records.