Version 1.

0 Last Updated 11/15/2015 EIN# 47-5536743

JudyGails Place Statutes
APPENDIX Q
Law Description History
31-25-1 This act [31-25-1 to 31-25-6 NMSA Laws 1987, ch. 349, § 1.
1978] may be cited as the "Victim
Counselor Confidentiality Act".
Short title (1987)

31-25-2A As used in the Victim Counselor Laws 1987, ch. 349, § 2.

Confidentiality Act:
Definitions (1987)
"confidential communication" means
any information exchanged between a
victim and a victim counselor in private
or in the presence of a third party who
is necessary to facilitate
communication or further the
counseling process and which is
disclosed in the course of the
counselor's treatment of the victim for
any emotional or psychological
condition resulting from a sexual
assault or family violence;

31-25-2B "victim" means a person who consults Laws 1987, ch. 349, § 2.
a victim counselor for assistance in
Definitions (1987) overcoming adverse emotional or
psychological effects of a sexual
assault or family violence;

31-25-2C "victim counseling" means Laws 1987, ch. 349, § 2.

assessment, diagnosis and treatment
Definitions (1987) to alleviate the adverse emotional or
psychological impact of a sexual
assault or family violence on the
victim. Victim counseling includes
crisis intervention;

31-25-2D "victim counseling center" means a Laws 1987, ch. 349, § 2.

private organization or unit of a
Definitions (1987) government agency which has as one
of its primary purposes the treatment
of victims for any emotional or
psychological condition resulting from
a sexual assault or family violence;
and

31-25-2E "victim counselor" means any Laws 1987, ch. 349, § 2.

employee or supervised volunteer of a
Definitions (1987) victim counseling center or other
agency, business or organization that
provides counseling to victims who is
not affiliated with a law enforcement
agency or the office of a district
attorney, has successfully completed
forty hours of academic or other formal
victim counseling training or has had a
minimum of one year of experience in
providing victim counseling and whose
duties include victim counseling.
Version 1.0 Last Updated 11/15/2015 EIN# 47-5536743
JudyGails Place Statutes
APPENDIX Q
31-25-4A A victim does not waive the protections Laws 1987, ch. 349, § 4.
afforded by the Victim Counselor
Waiver (1987) Confidentiality Act by testifying in court
about the crime; provided that if the
victim partially discloses the contents
of a confidential communication in the
course of his testimony, then either
party to the action may request the
court to rule that justice requires the
protections of that act be waived to the
extent they apply to that portion of the
communication. Waiver shall apply
only to the extent necessary to require
any witness to respond to questions
concerning the confidential
communication that are relevant to the
facts and circumstances of the case.

31-25-4B A victim counselor shall not have Laws 1987, ch. 349, § 4.
authority to waive the protections
Waiver (1987) afforded to a victim under the Victim
Counselor Confidentiality Act; provided
that if a victim brings suit against a
victim counselor or the agency,
business or organization in which the
victim counselor was employed or
served as a volunteer at the time of the
counseling relationship and the suit
alleges malpractice during the
counseling relationship, the victim
counselor may testify or produce
records regarding confidential
communications with the victim without
liability for those actions.

31-25-3A A victim, a victim counselor without the Laws 1987, ch. 349, § 3.
consent of the victim or a minor or
Confidential incapacitated victim without the
communications; consent of a custodial guardian or a
guardian ad litem appointed upon
information; privileged application of either party shall not be
(1987) compelled to provide testimony or to
produce records concerning
confidential communications for any
purpose in any criminal action or other
judicial, legislative or administrative
proceeding.

31-25-3B A victim counselor or a victim shall not Laws 1987, ch. 349, § 3.
be compelled to provide testimony in
Confidential any civil or criminal proceeding that
communications; would identify the name, address,
location or telephone number of a safe
information; privileged house, abuse shelter or other facility
(1987) that provided temporary emergency
shelter to the victim of the offense or
occurrence that is the subject of a
judicial, legislative or administrative
Version 1.0 Last Updated 11/15/2015 EIN# 47-5536743
JudyGails Place Statutes
APPENDIX Q
proceeding unless the facility is a party
to the proceeding.

31-25-4A A victim does not waive the protections Laws 1987, ch. 349, § 4.
afforded by the Victim Counselor
Waiver (1987) Confidentiality Act by testifying in court
about the crime; provided that if the
victim partially discloses the contents
of a confidential communication in the
course of his testimony, then either
party to the action may request the
court to rule that justice requires the
protections of that act be waived to the
extent they apply to that portion of the
communication. Waiver shall apply
only to the extent necessary to require
any witness to respond to questions
concerning the confidential
communication that are relevant to the
facts and circumstances of the case.

31-25-4B A victim counselor shall not have Laws 1987, ch. 349, § 4.
authority to waive the protections
Waiver (1987) afforded to a victim under the Victim
Counselor Confidentiality Act; provided
that if a victim brings suit against a
victim counselor or the agency,
business or organization in which the
victim counselor was employed or
served as a volunteer at the time of the
counseling relationship and the suit
alleges malpractice during the
counseling relationship, the victim
counselor may testify or produce
records regarding confidential
communications with the victim without
liability for those actions.

31-25-5 The Victim Counselor Confidentiality Laws 1987, ch. 349, § 5.

Act shall not be construed to relieve a
Interpretation (1987) victim counselor of a duty to report
suspected child abuse or neglect
pursuant to Section 32-1-15 NMSA
1978 [repealed], to report any
evidence that the victim is about to
commit a crime or to limit any
testimonial privileges available to any
person pursuant to other provisions of
law.

32A-4-3A Every person, including a licensed

physician; a resident or an intern
Duty to report child abuse examining, attending or treating a
and child neglect; child; a law enforcement officer; a
judge presiding during a proceeding; a
responsibility to investigate registered nurse; a visiting nurse; a
child abuse or neglect; schoolteacher; a school official; a
social worker acting in an official
penalty. capacity; or a member of the clergy
who has information that is not
privileged as a matter of law, who
knows or has a reasonable suspicion
Version 1.0 Last Updated 11/15/2015 EIN# 47-5536743
JudyGails Place Statutes
APPENDIX Q
that a child is an abused or a
neglected child shall report the matter
immediately to:
(1) a local law enforcement agency;
(2) the department; or
(3) a tribal law enforcement or social
services agency for any Indian child
residing in Indian country.
32A-4-3B A law enforcement agency receiving
the report shall immediately transmit
Duty to report child abuse the facts of the report and the name,
and child neglect; address and phone number of the
reporter by telephone to the
responsibility to investigate department and shall transmit the
child abuse or neglect; same information in writing within forty-
eight hours. The department shall
penalty. immediately transmit the facts of the
report and the name, address and
phone number of the reporter by
telephone to a local law enforcement
agency and shall transmit the same
information in writing within forty-eight
hours. The written report shall contain
the names and addresses of the child
and the child's parents, guardian or
custodian, the child's age, the nature
and extent of the child's injuries,
including any evidence of previous
injuries, and other information that the
maker of the report believes might be
helpful in establishing the cause of the
injuries and the identity of the person
responsible for the injuries. The
written report shall be submitted upon
a standardized form agreed to by the
law enforcement agency and the
department.
32A-4-3C The recipient of a report under
Subsection A of this section shall take
Duty to report child abuse immediate steps to ensure prompt
and child neglect; investigation of the report. The
investigation shall ensure that
responsibility to investigate immediate steps are taken to protect
child abuse or neglect; the health or welfare of the alleged
abused or neglected child, as well as
penalty. that of any other child under the same
care who may be in danger of abuse
or neglect. A local law enforcement
officer trained in the investigation of
child abuse and neglect is responsible
for investigating reports of alleged
child abuse or neglect at schools,
daycare facilities or child care facilities.
32A-4-3D If the child alleged to be abused or
neglected is in the care or control of or
Duty to report child abuse in a facility administratively connected
and child neglect; to the department, the report shall be
investigated by a local law
responsibility to investigate enforcement officer trained in the
child abuse or neglect; investigation of child abuse and
neglect. The investigation shall ensure
penalty. that immediate steps are taken to
protect the health or welfare of the
alleged abused or neglected child, as
well as that of any other child under
the same care who may be in danger
of abuse or neglect.
Version 1.0 Last Updated 11/15/2015 EIN# 47-5536743
JudyGails Place Statutes
APPENDIX Q
32A-4-3E A law enforcement agency or the
department shall have access to any
Duty to report child abuse of the records pertaining to a child
and child neglect; abuse or neglect case maintained by
any of the persons enumerated in
responsibility to investigate Subsection A of this section, except as
child abuse or neglect; otherwise provided in the Abuse and
Neglect Act [ 32A-4-1 NMSA 1978].
penalty.
32A-4-3F A person who violates the provisions
of Subsection A of this section is guilty
Duty to report child abuse of a misdemeanor and shall be
and child neglect; sentenced pursuant to the provisions
of Section 31-19-1 NMSA 1978.
responsibility to investigate
child abuse or neglect;
penalty.
8.8.2.15 All PSD staff and CFYD contractors
shall maintain confidentiality of records
CONFIDENTIALITY:PSD and information in accordance with the
staff and CYFD contractors laws and regulations that apply to
specific services.
8.8.2.15A Abuse and neglect records are [8.8.2.15 NMAC - Rp,
confidential pursuant to the New
CONFIDENTIALITY: Abuse Mexico Children’s Code 32A-4-33(A) 8.8.2.18 NMAC,
and Neglect Records NMSA. CYFD may release the identity 03/31/10; A, 02/29/12]
of a reporting party only with the
reporting party’s consent or with a
court order (See Protective Services
Legal Policies, Subsection A of
8.10.7.10 NMAC).
8.8.2.15B Under CYFD’s general rulemaking [8.8.2.15 NMAC - Rp,
authority Section 9-2A-7 NMSA, the
CONFIDENTIALITY: Foster confidentiality provisions of the 8.8.2.18 NMAC,
care and adoption records: Children’s Code, Sections 32A-3B-22 03/31/10; A, 02/29/12]
and 32A-4-33 NMSA, the specific
authority related to certification of
foster homes, Section 40-7-4 (D) and
the Adoption Act, Sections 32A-5-6
and 32A-5-8 NMSA, all client case
records and client identifying
information including foster and
adoptive families, and applicant files
are confidential and may not be
publicly disclosed. PSD may release
such files only upon a valid court order
provided that confidential criminal and
abuse and neglect information may not
be released, unless a court order
specifically orders such a release.
8.8.2.15C Records related to an adoption [8.8.2.15 NMAC - Rp,
proceeding are confidential pursuant to
CONFIDENTIALITY:Records the Children’s Code, Section 32A-5-8 8.8.2.18 NMAC,
related to an adoption NMSA. Post decree adoption records: 03/31/10; A, 02/29/12]
proceeding: Guidance on obtaining access of post
decree adoption records by an adult
adoptee, biological parent of an adult
adoptee, sibling of an adoptee, or
adoptive parent of a minor adoptee is
outlined in the Adoption Act
Version 1.0 Last Updated 11/15/2015 EIN# 47-5536743
JudyGails Place Statutes
APPENDIX Q
Regulations, Subsection C of
8.26.3.41 NMAC.
8.8.2.15D Any information obtained through the [8.8.2.15 NMAC - Rp,
social security administration (SSA)
CONFIDENTIALITY: Social data system, ISD2, either directly or 8.8.2.18 NMAC,
security administration from another individual with access to 03/31/10; A, 02/29/12]
electronic records the ISD2, is confidential. Improper
access, use or disclosure of ISD
information is a violation of the Privacy
Act of 1974 (5 U.S.C. Section 552a,
Public Law No 93-579), and could
result in civil and criminal sanctions
pursuant to applicable federal statutes.
When a PSD worker becomes aware
of a loss or suspected loss of any file
containing ISD information (whether a
hard copy file, or on a laptop,
removable drive, etc.), that worker
shall notify CYFD office of the general
counsel (OGC) within one hour of the
discovery of the loss.

8.10.7.10A Protective services records and [8.10.7.10 NMAC - Rp,

information incident to, or obtained as
GENERAL PROVISIONS: a result of an abuse or neglect 8.10.7.12 NMAC,
Confidentiality and access to investigation or proceeding are 3/31/10]
confidential and can only be inspected
abuse and neglect records: pursuant to a valid court order, except
by those entities specifically entitled to
access under the New Mexico
Children’s Code. (1) When
allowing access to an authorized
entity, all attorney-client privileged
information and all identifying
information on the reporting source
shall be stricken.
(2) Protective services records or
information shall not be released
pursuant to a subpoena because
subpoenas do not reflect a
determination by a children’s court
judge that the requesting party has a
legitimate interest in the case or the
work of the court.
8.10.7.10B PSD uses the best interest of the child [8.10.7.10 NMAC - Rp,
as the standard to make decisions
GENERAL PROVISIONS: regarding planning and managing child 8.10.7.12 NMAC,
Best Interest of the Child protective services cases. Protection 3/31/10]
and the best interest of the child are of
paramount concern, followed by the
treatment needs of the family.

8.10.7.10C Change of venue or transfer of legal [8.10.7.10 NMAC - Rp,

cases: A motion to change venue shall
GENERAL PROVISIONS: not initiate absent approval of the 8.10.7.12 NMAC,
Change of Venue or sending and receiving county protective 3/31/10]
services offices. Venue shall not be
Transfer of legal cases changed on cases where a consent
Version 1.0 Last Updated 11/15/2015 EIN# 47-5536743
JudyGails Place Statutes
APPENDIX Q
decree has been entered or
adjudication has not occurred.
8.10.7.10D Child support: PSD shall make a report [8.10.7.10 NMAC - Rp,
for the collection of child support to the
GENERAL PROVISIONS: child support enforcement division for 8.10.7.12 NMAC,
all children in custody 3/31/10]
D. Child Support

8.10.7.10E Home studies in domestic relations [8.10.7.10 NMAC - Rp,

cases: There shall be no legal authority
GENERAL PROVISIONS: for courts to order PSD to conduct 8.10.7.12 NMAC,
Home Studies in domestic home studies in New Mexico domestic 3/31/10]
relations cases to which PSD is not a
relations cases party.
(1) Children’s court attorneys shall
object to requests for orders to conduct
home studies in New Mexico domestic
relations cases.
(2) PSD shall respond to a request for a
home study as an abuse or neglect
report, and screens and investigates in
accordance with protective services
policy.
8.10.7.10F Immigration status: Whenever the court [8.10.7.10 NMAC - Rp,
adjudicates that a child is abused or
GENERAL PROVISIONS: neglected, PSD shall determine the 8.10.7.12 NMAC,
Immigration Status child’s immigration status. 3/31/10]

30-22-2.1A It is not a violation of Section 30-22-1 or

Section 30-22-4 NMSA 1978 for a
Entry into domestic violence person who is a member, resident,
safe house or shelter; search employee or volunteer of or is otherwise
warrant. associated with a domestic violence
safe house or shelter to request that a
law enforcement officer show a valid
search warrant before allowing the
officer to enter the domestic violence
safe house or shelter. Nothing in this
section shall prevent a law enforcement
officer from executing a valid search
warrant.
30-22-2.1B Prior to attempting to serve an arrest
warrant within a domestic violence safe
Entry into domestic violence house or shelter, a law enforcement
safe house or shelter; search officer shall obtain a valid search
warrant, unless exigent circumstances
warrant. exist necessitating immediate entry.