2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 3A - Voluntary Placement and Family Services › Section 32A-3A-16 - Confidentiality.

A. All records or information, whether on file with the court, an agency, the department, an attorney or other provider of professional services, concerning a party to a voluntary placement proceeding shall be confidential and closed to the public.
B. The disclosure of all mental health and developmental disability records shall be made pursuant to the Children's Mental Health and Developmental Disabilities Act [32A-6A-1 to 32A-6A-30 NMSA 1978].
C. The records described in Subsection A of this section, other than mental health and developmental disability records, shall be disclosed only to the parties and:
(1) court personnel and persons or entities authorized by contract with the court to review, inspect or otherwise have access to records or information in the court's possession;
(2) the attorney, including a public defender, representing the child in any child proceeding pursuant to the Children's Code;
(3) department personnel and persons or entities authorized by contract with the department to review, inspect or otherwise have access to records or information in the department's possession;
(4) law enforcement officials, except when use immunity is granted pursuant to Section 32A-4-11 NMSA 1978;
(5) district attorneys, except when use immunity is granted pursuant to Section 32A-4-11 NMSA 1978;
(6) 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;
(7) 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 cultural, social, medical, psychological or educational needs of the child;
(8) school personnel involved with the child if the records concern the child's cultural, social or educational needs;
(9) a grandparent, parent of a sibling, relative or fictive kin, if the records or information pertain to a child being considered for placement with that grandparent, parent of a sibling, relative or fictive kin and the records or information concern the cultural, social, medical, psychological or educational needs of the child;
(10) health care or mental health professionals involved in the evaluation or treatment of the child or of the child's parents, guardian, custodian or other family members;
(11) 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;
(12) children's safehouse organizations conducting investigatory interviews of children on behalf of a law enforcement agency or the department;
(13) representatives of the federal government or their contractors authorized by federal statute or regulation to review, inspect, audit or otherwise have access to records and information pertaining to neglect or abuse proceedings;
(14) any person or entity attending a meeting arranged by the department to discuss the safety, well-being and permanency of a child when the parent, guardian or child over the age of fourteen years has consented to the disclosures occurring during the meeting; and
(15) any other person or entity, by order of the court, having a legitimate interest in the case or the work of the court.
D. Whoever intentionally and unlawfully releases any information or records closed to the public pursuant to the Voluntary Placement and Family Services 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.
History:
Laws 2023, ch. 90, § 10.
ANNOTATIONS
Effective dates.
— Laws 2023, ch. 90, § 30 made Laws 2023, ch. 90, § 10 effective July 1, 2023.