SB 152/a CYFD INVESTIGATIONS & BACKGROUND CHECKS

Sen Siah Correa Hemphill

Actions: [2] SCC/SEC/SJC-SCC-germane-SEC [4] DP-SJC [6] DP/a - PASSED/S (41-0) [9] HJC-HJC [12] DP [14] PASSED/H (68-0) SGND BY GOV (Feb. 29) Ch. 28.

Scheduled: Not Scheduled

 Senate Bill 152 (SB 152) relates to background checks. SB 152 amends criminal history investigation procedures for the Early Childhood Education and Care Department (ECECD) and the Children Youth and Families Department  (CYFD) to specify who requires a background check. SB 152 includes definitions. Declares an emergency. 

 SB 152 (SB 152) amends background checks for the ECECD and the CYFD to specify who requires a background check, including adding student interns to those required to have a background check.  

SECTION 1 amends Executive Department Section 9-29-8.1 NMSA 1978 (being Laws 2022, Chapter 30, Section 4, as amended) in Subsection A to include student interns in criminal history records checks.

Subsections B and C are deleted and replaced with the following:
B. For purposes of investigating the suitability of persons enumerated in Subsection A, the department shall have access to criminal history records information furnished by the Department of Public Safety (DPS) and the Federal Bureau of Investigation (FBI), subject to any restrictions imposed by federal law. 

As directed by the department, a person enumerated in Subsection A shall submit a set of electronic fingerprints to the DPS to conduct a check of state criminal history records and forward the fingerprints to the FBI for a national criminal history records check to determine records of convictions and arrests. The DPS shall review the information returned from the check and compile and disseminate the record information to the department, which shall use the information to investigate and determine whether a person is qualified to provide care for a child or be a foster or adoptive parent. 

Subsection E is added to provide definitions as used in this section. 

SECTION 3 declares an emergency. 

 Senate Bill 152 (SB 152) amends Executive Department Section 9-29-8.1 NMSA 1978 (being Laws 2022, Chapter 30, Section 4, as amended) does not include student interns in background checks.
 

 Amended February 2, 2024 in SJC SJCa/SB 152
Senate Bill 152 was amended by the Senate Judiciary Committee in Section 2, Subsection E(12) of definitions for this section to delete from the definition of “operator” the phrase “direct or indirect”.