2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 8 - Citizen Substitute Care Review › Section 32A-8-5 - Substitute care review boards; appointments; exclusion; terms; training; compensation; meetings.

A. The council shall establish no fewer than three substitute care review boards and, in each judicial district established pursuant to Section 34-6-1 NMSA 1978, no more than the following number of substitute care review boards:
(1) two substitute care review boards in the first judicial district;
(2) three substitute care review boards in the second judicial district;
(3) one substitute care review board in the third judicial district;
(4) two substitute care review boards in the fourth judicial district;
(5) two substitute care review boards in the fifth judicial district;
(6) two substitute care review boards in the sixth judicial district;
(7) two substitute care review boards in the seventh judicial district;
(8) two substitute care review boards in the eighth judicial district;
(9) one substitute care review board in the ninth judicial district;
(10) one substitute care review board in the tenth judicial district;
(11) two substitute care review boards in the eleventh judicial district;
(12) two substitute care review boards in the twelfth judicial district; and
(13) two substitute care review boards in the thirteenth judicial district.
B. The council, or a contractor performing services for the council pursuant to Subsection B of Section 32A-8-4 NMSA 1978, shall provide administrative support to substitute care review boards in accordance with the Citizen Substitute Care Review Act and rules that the council has adopted.
C. A person or a relative of a person employed by the department of finance and administration, the children, youth and families department, the human services department [health care authority department], the public education department, the department of health, a contractor of the council or a district court shall not serve on a substitute care review board.
D. The composition of each substitute care review board shall be broadly representative of the community in which the board serves and include members with expertise in the prevention and treatment of child abuse and neglect and may include adult former victims of child abuse or neglect.
E. Each substitute care review board shall meet at least once per quarter to review cases designated in accordance with council rules.
F. Substitute care review board members may receive per diem and mileage as provided for nonsalaried public officers in the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978]; provided that, if a different provision of that act applies to a specific member, that member shall be paid pursuant to that applicable provision. Members shall receive no other compensation, perquisite or allowance.
G. Upon request of the council, a substitute care review board shall prepare a report summarizing its activities. These reports shall not contain confidential information.
History:
1978 Comp., § 32A-8-5, enacted by Laws 1993, ch. 77, § 207; 2016, ch. 60, § 7.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law. Laws 2023, ch. 205, § 16 provided that references to the human services department shall be deemed to be references to the health care authority department.
The 2016 amendment,
effective July 1, 2016, required the substitute care advisory council to establish no fewer than three substitute care review boards and limited the number of boards that can be established in each of the 13 judicial districts, provided for administrative support for the boards, and provided for duties and responsibilities of the boards; in the catchline, deleted "local" and added "substitute care review"; in Subsection A, in the introductory sentence, after "The", deleted "contractor, selected by the department of finance and administration pursuant to the provisions of Section 32-8-3 NMSA 1978" and added "council", after "shall establish", added the remainder of the introductory sentence, added new Paragraphs (1) through (13), designated the remainder of former Subsection A as new Subsection B; in Subsection B, added "The council, or a contractor performing services for the council pursuant to Subsection B of Section 32A-8-4 NMSA 1978, shall provide administrative support to substitute care review boards in accordance with", and after "the Citizen Substitute Care Review Act", deleted the remainder of the subsection and added "and rules that the council has adopted"; redesignated former Subsection B as Subsection C; in Subsection C, added "A", after "person", added "or a relative of a person", after "department of finance and administration, the", added "children, youth and families", after "department", added "the human services department, the public education department, the department of health, a contractor of the council", after "a district court", deleted "may" and added "shall not", and after "serve on a", deleted "local"; deleted former Subsection C; in Subsection D, deleted "Local" and added the remainder of the subsection; added a new Subsection E, and designated the remainder of the language from former Subsection D as Subsection F; in Subsection F, after "Per Diem and Mileage Act", deleted "and" and added "provided that, if a different provision of that act applies to a specific member, that member shall be paid pursuant to that applicable provision. Members"; and added a new Subsection G.