A. The "substitute care advisory council" is created and, in accordance with the provisions of Section 9-1-7 NMSA 1978, is administratively attached to the regulation and licensing department. The general purpose of the council is to oversee substitute care review boards in their monitoring of children placed in the custody of the children, youth and families department to identify systemic policy issues regarding substitute care. The council shall be composed of nine persons, including:

(1) the secretary of public education or the secretary's designee;

(2) the secretary of human services or the secretary's designee;

(3) the secretary of finance and administration or the secretary's designee;

(4) the secretary of health or the secretary's designee;

(5) two public members, appointed by the governor, who:

(a) are at least eighteen and no more than thirty years of age at the time of appointment; and

(b) were previously placed in substitute care;

(6) two public members, appointed by the governor, who have expertise in the area of child welfare; and

(7) one children's court judge, appointed by the governor.

B. The council may hire staff and contract for services to carry out the purposes of the Citizen Substitute Care Review Act. Except as provided pursuant to Paragraph (7) of Subsection A of this section, a person or a relative of a person employed by the department or a district court shall not serve on the council.

C. Terms of office of public members of the council shall be three years. Public members shall be eligible for reappointment. In the event that a vacancy occurs among the members of the council, the governor shall appoint another person to serve the unexpired portion of the term.

D. The council shall select a chairperson, a vice chairperson and other officers as it deems necessary.

E. The council shall meet no less than twice annually and more frequently upon the call of the chairperson.

F. The council shall adopt reasonable rules relating to the functions and procedures of the substitute care review boards and the council in accordance with the duties of the boards as provided in the Citizen Substitute Care Review Act. These rules shall:

(1) establish training requirements for substitute care review board members;

(2) establish criteria for council designation of cases for substitute care review board review;

(3) establish procedures for substitute care review board review of designated cases;

(4) establish criteria for membership and tenure on and operating procedures for substitute care review boards;

(5) specify the information needed for designated cases to be monitored by substitute care review boards; and

(6) specify case information to be tracked and reported to the council.

G. When adopting rules establishing criteria for designation of cases for substitute care review board review, the council shall weigh the importance of the following factors, including:

(1) sibling placements;

(2) the frequency and severity of neglect or abuse;

(3) the behavioral health status of household members;

(4) the placement of children in households where there are no relatives of the children;

(5) data related to demographics; and

(6) relevant trend data.

H. The council shall review and coordinate the activities of the substitute care review boards and make a report with its recommendations to the department, the courts and the appropriate legislative interim committees, on or before November 1 of each year, regarding statutes, rules, policies and procedures relating to substitute care. This report shall include recommendations for any changes to substitute care review boards.

I. Council members shall 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.

J. The council shall appoint by October 1 of each year a six-member advisory committee from a list of substitute care review board members that the substitute care review boards shall nominate. The advisory council shall meet with the council at least once per year to advise the council on matters relating to substitute care review. Advisory committee members shall serve terms of one year and may be reappointed.

History: 1978 Comp., § 32A-8-4, enacted by Laws 1993, ch. 77, § 206; 2016, ch. 60, § 6.

The 2016 amendment, effective July 1, 2016, created the substitute care advisory council, and provided for the council's duties and responsibilities; in the catchline, deleted "State advisory committee" and added "Substitute care advisory council", and after "responsibilities", added "advisory committee"; in Subsection A, deleted "A state advisory committee" and added the next two sentences, and after the second sentence, added "The council", after "shall be composed of", deleted "three persons with expertise in the area of substitute care, appointed by the secretary of finance and administration, and also one representative of each local substitute care review board. Each local board shall select its representative to the state advisory committee in accordance with procedures established by that committee. No" and added "nine persons, including:", added Paragraphs (1) through (5), designated the remainder of Subsection A as Subsection B and designated former Subsections B through D as Subsections C through E, respectively; in new Subsection B, added "The council may hire staff and contract for services to carry out the purposes of the Citizen Substitute Care Review Act. Except as provided pursuant to Paragraph (7) of Subsection A of this section, a", after "person", added "or a relative of a person", after "a district court", deleted "may" and added "shall not", and after "serve on the", deleted "state advisory committee" and added "council"; in Subsection C, after "Terms of office of", deleted "local substitute care review board" and added "public", after "members of the", deleted "state advisory committee shall be coterminous with their terms as members of the local boards. Terms of office of members who are appointed by the secretary of finance and administration shall be for three years; provided, however, that appointment of the first state advisory committee members shall be to staggered terms so that one member shall serve for a term of three years, one member shall serve for a term of two years and one member shall serve for a term of one year. The term of each member shall expire on June 30 of the appropriate year" and added "council shall be three years. Public members shall be eligible for reappointment", after "among the members of the", deleted "state advisory committee appointed by the secretary of finance and administration" and added "council", and after "the", deleted "secretary" and added "governor"; in Subsection D, after "The", deleted "state advisory committee" and added "council", and after "vice chairperson", deleted "an executive committee"; in Subsection E, after "The", deleted "state advisory committee" and added "council", and after "chairperson", deleted "or as the executive committee may determine", and designated the remainder of the language in former Subsection D as Subsections F and H, and designated former Subsection E as Subsection I; in Subsection F, after "The", deleted "state advisory committee is authorized to" and added "council shall", after "procedures of the", deleted "local", after "review boards and the", deleted "state advisory committee" and added "council", and after "These rules shall", deleted "include guidelines for the determination of the appropriate type of review and", added Paragraphs (1) through (6); added a new Subsection G; in Subsection H, after "The", deleted "state advisory committee" and added "council", after "activities of the", deleted "local", after "review boards and make", added "a report with its", after "courts and the", deleted "legislature" and added "appropriate legislative interim committees", after "on or before", deleted "January" and added "November", after "statutes", added "rules", and added the last sentence; in Subsection I, added "Council", after "Mileage Act", 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 J.