A. The department shall establish a multilevel response system to evaluate and provide services to a child or the family, relatives, caretakers or guardians of a child with respect to whom a report alleging neglect or abuse has been made. The multilevel response system may include an alternative to investigation upon completion of an evaluation that may be completed at intake by the department, the results of which indicate that there is no immediate concern for the child's safety; provided, however, that an investigation shall be conducted for any report:

(1) alleging sexual abuse of a child or serious or imminent harm to a child;

(2) indicating a child fatality;

(3) requiring law enforcement involvement, as identified pursuant to rules promulgated by the department; or

(4) requiring a specialized assessment or a traditional investigative approach, as determined pursuant to rules promulgated by the department.

B. The department may remove a case from the multilevel response system and conduct an investigation if imminent danger of serious harm to the child becomes evident. The department may reassign a case from investigation to the multilevel response system at the discretion of the department.

C. For each family, including the child who is the subject of a report to the department and that child's relatives, caretakers or guardians, that receives services under the multilevel response system, the department shall conduct a family assessment. Based on the results of the family assessment, the department may offer or provide referrals for counseling, training or other services aimed at addressing the underlying causative factors jeopardizing the safety or well-being of the child who is the subject of a report to the department. A family member, relative, caretaker or guardian may choose to accept or decline any services or programs offered under the multilevel response system; provided, however, that if a family member, relative, caretaker or guardian declines services, the department may choose to proceed with an investigation.

D. The department shall employ licensed social workers to provide services to families, relatives, caretakers or guardians participating in the multilevel response system to the extent that licensed social workers are available for employment.

E. The department may pilot the multilevel response system prior to statewide implementation.

F. The department may limit implementation of the multilevel response system to areas of the state where appropriate services are available and operate the system within available state and federal resources.

G. The department shall:

(1) provide an annual report of system implementation and outcomes to the legislative finance committee and the department of finance and administration as part of the department's budget submission;

(2) arrange for an independent evaluation of the multilevel response system, including examining outcomes for child safety and well-being and cost-effectiveness;

(3) incorporate the multilevel response system into the department's quality assurance review process;

(4) develop performance measures, as provided in the Accountability in Government Act [Chapter 6, Article 3A NMSA 1978], for the multilevel response system; and

(5) no later than July 1, 2022, if the department pilots or otherwise geographically limits the multilevel response system, submit a plan to the legislative finance committee and the department of finance and administration setting forth how the system could be expanded statewide, including a plan to address service availability, and identifying costs that would be incurred by the department.

H. The department shall promulgate rules to implement the provisions of this section.

I. As used in this section, "family assessment" means a comprehensive, evidence-based assessment tool used by the department to determine the needs of a child and the child's family, relatives, caretakers or guardians at the time the department receives a report of child abuse and neglect, including an assessment of the likelihood of:

(1) imminent danger to a child's well-being;

(2) the child becoming an abused child or a neglected child; and

(3) the strengths and needs of the child's family members, relatives, caretakers or guardians with respect to providing for the health and safety of the child.

History: 1978 Comp., § 32A-4-4.1, as enacted by Laws 2019, ch. 137, § 2.

Effective dates. — Laws 2019, ch. 137, § 4 made Laws 2019, ch. 137 effective July 1, 2020.