SB 237

                                1  SENATE BILL 237
                                2      57TH LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, 2026
                                3  INTRODUCED BY
                                4  Crystal Brantley
                                5
                                6
                                7
                                8
                                9
                                10  AN ACT
                                11   RELATING TO CHILDREN; CREATING THE CRITICAL INCIDENT
                                12   INVESTIGATION TEAM WITHIN THE PROTECTIVE SERVICES DIVISION OF
                                13   THE CHILDREN, YOUTH AND FAMILIES DEPARTMENT; ESTABLISHING
                                14   INVESTIGATION UNITS AND A TEAM COORDINATOR; AMENDING AND
                                15   ENACTING SECTIONS OF THE ABUSE AND NEGLECT ACT; PROVIDING FOR
                                16   SPECIALIZED INVESTIGATION PROCESSES FOR REPORTS OF CRITICAL
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                                17   INCIDENTS OR SERIOUS CRITICAL INCIDENTS AT CERTAIN PROGRAMS OR
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                                18   FACILITIES; REQUIRING REPORTING TO THE OFFICE OF CHILD
                                19   ADVOCATE; REQUIRING RULES; MAKING AN APPROPRIATION.
                                20
                                21   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
                                22  SECTION 1.   Section 32A-4-2 NMSA 1978 (being Laws 1993,
                                23   Chapter 77, Section 96, as amended) is amended to read:
                                24  "32A-4-2.    DEFINITIONS.--As used in the Abuse and Neglect
                                25   Act:
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                                1  A.   "abandonment" includes instances when the
                                2    parent, without justifiable cause:
                                3  (1)   left the child without provision for the
                                4    child's identification for a period of fourteen days; or
                                5  (2)   left the child with others, including the
                                6    other parent or an agency, without provision for support and
                                7    without communication for a period of:
                                8  (a)   three months if the child was under
                                9    six years of age at the commencement of the three-month period;
                                10   or
                                11  (b)   six months if the child was over six
                                12   years of age at the commencement of the six-month period;
                                13  B.   "abused child" means a child:
                                14  (1)   who has suffered or who is at risk of
                                15   suffering serious harm because of the action or inaction of the
                                16   child's parent, guardian or custodian;
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                                17  (2)   who has suffered physical abuse, emotional
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                                18   abuse or psychological abuse inflicted or caused by the child's
                                19   parent, guardian or custodian;
                                20  (3)   who has suffered sexual abuse or sexual
                                21   exploitation inflicted by the child's parent, guardian or
                                22   custodian;
                                23  (4)   whose parent, guardian or custodian has
                                24   knowingly, intentionally or negligently placed the child in a
                                25   situation that may endanger the child's life or health; or
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                                1  (5)    whose parent, guardian or custodian has
                                2    knowingly or intentionally tortured, cruelly confined or
                                3    cruelly punished the child;
                                4  C.   "aggravated circumstances" includes those
                                5    circumstances in which the parent, guardian or custodian has:
                                6  (1)    attempted or conspired to cause or caused
                                7    great bodily harm to the child or great bodily harm or death to
                                8    the child's sibling;
                                9  (2)    attempted or conspired to cause or caused
                                10   great bodily harm or death to another parent, guardian or
                                11   custodian of the child;
                                12  (3)    attempted or conspired to subject or has
                                13   subjected the child to torture, chronic abuse or sexual abuse;
                                14   or
                                15  (4)    had parental rights over a sibling of the
                                16   child terminated involuntarily;
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                                17  D.   "critical incident" means any action or inaction
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                                18   that implicates the well-being or safety of a child in a
                                19   placement location;
                                20  E.   "critical incident investigation team" means the
                                21   team within the protective services division of the department
                                22   responsible for investigating reports of critical incidents or
                                23   serious critical incidents;
                                24  [D.] F.     "educational decision maker" means an
                                25   individual appointed by the children's court to attend school
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                                1    meetings and to make decisions about the child's education that
                                2    a parent could make under law, including decisions about the
                                3    child's educational setting and the development and
                                4    implementation of an individual education plan for the child;
                                5  [E.] G.    "fictive kin" means a person not related by
                                6    birth, adoption or marriage with whom a child has an
                                7    emotionally significant relationship;
                                8  [F.] H.    "great bodily harm" means an injury to a
                                9    person that creates a high probability of death, that causes
                                10   serious disfigurement or that results in permanent or
                                11   protracted loss or impairment of the function of a member or
                                12   organ of the body;
                                13  [G.] I.    "neglected child" means a child:
                                14  (1)    who has been abandoned by the child's
                                15   parent, guardian or custodian;
                                16  (2)    who is without proper parental care and
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                                17   control or subsistence, education, medical or other care or
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                                18   control necessary for the child's well-being because of the
                                19   faults or habits of the child's parent, guardian or custodian
                                20   or the failure or refusal of the parent, guardian or custodian,
                                21   when able to do so, to provide [them] such care and control;
                                22  (3)    who has been physically or sexually
                                23   abused, when the child's parent, guardian or custodian knew or
                                24   should have known of the abuse and failed to take reasonable
                                25   steps to protect the child from further harm;
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                                1  (4)    whose parent, guardian or custodian is
                                2    unable to discharge that person's responsibilities to and for
                                3    the child because of incarceration, hospitalization or physical
                                4    or mental disorder or incapacity; or
                                5  (5)    who has been placed for care or adoption
                                6    in violation of the law; provided that nothing in the
                                7    Children's Code shall be construed to imply that a child who is
                                8    being provided with treatment by spiritual means alone through
                                9    prayer, in accordance with the tenets and practices of a
                                10   recognized church or religious denomination, by a duly
                                11   accredited practitioner thereof is for that reason alone a
                                12   neglected child within the meaning of the Children's Code; and
                                13   further provided that no child shall be denied the protection
                                14   afforded to all children under the Children's Code;
                                15  [H.] J.    "personal identifier information" means a
                                16   person's name and contact information, including home or
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                                17   business address, email address or phone number;
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                                18  [I.] K.    "physical abuse" includes any case in which
                                19   the child suffers strangulation or suffocation and any case in
                                20   which the child exhibits evidence of skin bruising, bleeding,
                                21   malnutrition, failure to thrive, burns, fracture of any bone,
                                22   subdural hematoma, soft tissue swelling or death and:
                                23  (1)    there is not a justifiable explanation for
                                24   the condition or death;
                                25  (2)    the explanation given for the condition is
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                                1    at variance with the degree or nature of the condition;
                                2  (3)    the explanation given for the death is at
                                3    variance with the nature of the death; or
                                4  (4)    circumstances indicate that the condition
                                5    or death may not be the product of an accidental occurrence;
                                6  L.   "placement location" means a program or facility
                                7    at which the department places a child in the department's
                                8    custody, whether or not the program or facility is
                                9    administratively connected to the department, receives state or
                                10   federal funds or is licensed or certified to serve children,
                                11   and includes emergency or temporary placements;
                                12  [J.] M.     "relative" means a person related to
                                13   another person by birth, adoption or marriage within the fifth
                                14   degree of consanguinity;
                                15  N.   "serious critical incident" means an allegation
                                16   that a child in a placement location is abused or neglected as
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                                17   provided in:
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                                18  (1)    the Abuse and Neglect Act;
                                19  (2)    Sections 30-6-1 through 30-6-4 NMSA 1978;
                                20  (3)    the Sexual Exploitation of Children Act;
                                21  (4)    Sections 30-9-1 or 30-9-11 through 30-9-13
                                22   NMSA 1978; or
                                23  (5)    rules adopted by the department;
                                24  [K.] O.     "sexual abuse" includes criminal sexual
                                25   contact, incest or criminal sexual penetration, as those acts
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                                1    are defined by state law;
                                2  [L.] P.     "sexual exploitation" includes:
                                3  (1)    allowing, permitting or encouraging a
                                4    child to engage in prostitution;
                                5  (2)    allowing, permitting, encouraging or
                                6    engaging a child in obscene or pornographic photographing; or
                                7  (3)    filming or depicting a child for obscene
                                8    or pornographic commercial purposes, as those acts are defined
                                9    by state law;
                                10  [M.] Q.     "sibling" means a brother or sister having
                                11   one or both parents in common by birth or adoption;
                                12  [N.] R.     "strangulation" has the same meaning as set
                                13   forth in Section 30-3-11 NMSA 1978;
                                14  [O.] S.     "suffocation" has the same meaning as set
                                15   forth in Section 30-3-11 NMSA 1978; and
                                16  [P.] T.     "transition plan" means an individualized
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                                17   written plan for a child, based on the unique needs of the
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                                18   child, that outlines all appropriate services to be provided to
                                19   the child to increase independent living skills.      The plan
                                20   shall also include responsibilities of the child, and any other
                                21   party as appropriate, to enable the child to be self-sufficient
                                22   upon emancipation."
                                23        SECTION 2.    Section 32A-4-3 NMSA 1978 (being Laws 1993,
                                24   Chapter 77, Section 97, as amended) is amended to read:
                                25        "32A-4-3.    DUTY TO REPORT CHILD ABUSE AND CHILD NEGLECT--
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                                1    RESPONSIBILITY TO INVESTIGATE CHILD ABUSE OR NEGLECT--PENALTY--
                                2    NOTIFICATION OF PLAN OF SAFE CARE--CRITICAL INCIDENT
                                3    INVESTIGATION TEAM--LOCAL LAW ENFORCEMENT.--
                                4  A.   Every person, including a licensed physician; a
                                5    resident or an intern examining, attending or treating a child;
                                6    a law enforcement officer; a judge presiding during a
                                7    proceeding; a registered nurse; a visiting nurse; a school
                                8    employee; a social worker acting in an official capacity; or a
                                9    member of the clergy who has information that is not privileged
                                10   as a matter of law, who knows or has a reasonable suspicion
                                11   that a child is an abused or a neglected child shall report the
                                12   matter immediately to:
                                13  (1)   a local law enforcement agency;
                                14  (2)   the department; or
                                15  (3)   a tribal law enforcement or social
                                16   services agency for any Indian child residing in Indian
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                                17   country.
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                                18  B.   A law enforcement agency receiving the report
                                19   shall immediately transmit the facts of the report and the
                                20   name, address and phone number of the reporter by telephone to
                                21   the department and shall transmit the same information in
                                22   writing within forty-eight hours.      The department shall
                                23   immediately transmit the facts of the report and the name,
                                24   address and phone number of the reporter by telephone to a
                                25   local law enforcement agency and shall transmit the same
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                                1    information in writing within forty-eight hours.    The written
                                2    report shall contain the names and addresses of the child and
                                3    the child's parents, guardian or custodian, the child's age,
                                4    the nature and extent of the child's injuries, including any
                                5    evidence of previous injuries, and other information that the
                                6    maker of the report believes might be helpful in establishing
                                7    the cause of the injuries and the identity of the person
                                8    responsible for the injuries.    The written report shall be
                                9    submitted upon a standardized form agreed to by the law
                                10   enforcement agency and the department.
                                11  C.   The recipient of a report under Subsection A of
                                12   this section shall take immediate steps to ensure prompt
                                13   investigation of the report.    The investigation shall ensure
                                14   that immediate steps are taken to protect the health or welfare
                                15   of the alleged abused or neglected child, as well as that of
                                16   any other child under the same care who may be in danger of
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                                17   abuse or neglect.    A local law enforcement officer trained in
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                                18   the investigation of child abuse and neglect is responsible for
                                19   investigating reports of alleged child abuse or neglect at
                                20   schools, daycare facilities or child care facilities.
                                21  D.   If the child alleged to be abused or neglected
                                22   is in the care or control of or in a facility administratively
                                23   connected to the department, the report shall be investigated
                                24   by a local law enforcement officer trained in the investigation
                                25   of child abuse and neglect; provided that if the report alleges
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                                1    a critical incident or serious critical incident, the report
                                2    shall be sent immediately to the critical incident
                                3    investigation team, and the team shall collaborate in the
                                4    investigation with the local law enforcement officer.      The
                                5    investigation shall ensure that immediate steps are taken to
                                6    protect the health or welfare of the alleged abused or
                                7    neglected child, as well as that of any other child under the
                                8    same care who may be in danger of abuse or neglect.
                                9  E.   The critical incident investigation team, a law
                                10   enforcement agency or the department shall have access to any
                                11   of the records pertaining to a child abuse or neglect case
                                12   maintained by any of the persons enumerated in Subsection A of
                                13   this section, except as otherwise provided in the Abuse and
                                14   Neglect Act.
                                15  F.   A person who violates the provisions of
                                16   Subsection A of this section is guilty of a misdemeanor and
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                                17   shall be sentenced pursuant to the provisions of Section
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                                18   31-19-1 NMSA 1978.
                                19  G.   A finding that a pregnant woman is using or
                                20   abusing drugs made pursuant to an interview, self-report,
                                21   clinical observation or routine toxicology screen shall not
                                22   alone form a sufficient basis to report child abuse or neglect
                                23   to the department pursuant to Subsection A of this section.      A
                                24   volunteer, contractor or staff of a hospital or freestanding
                                25   birthing center shall not make a report based solely on that
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                                1    finding and shall make a notification pursuant to Subsection H
                                2    of this section.     Nothing in this subsection shall be construed
                                3    to prevent a person from reporting to the department a
                                4    reasonable suspicion that a child is an abused or neglected
                                5    child based on other criteria as defined by Section 32A-4-2
                                6    NMSA 1978, or a combination of criteria that includes a finding
                                7    pursuant to this subsection.
                                8  H.   A contractor or staff of a hospital,
                                9    freestanding birthing center or clinic that provides prenatal
                                10   or perinatal care shall:
                                11  (1)   complete a written plan of safe care for a
                                12   substance-exposed newborn or a pregnant person who agrees to
                                13   creating a plan of safe care, as provided for by department
                                14   rule and the Children's Code; and
                                15  (2)   provide notification to the health care
                                16   authority.    Notification by a health care provider pursuant to
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                                17   this paragraph shall not be construed as a report of child
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                                18   abuse or neglect.
                                19  I.   As used in this section, "notification" means
                                20   informing the health care authority that a substance-exposed
                                21   newborn was born and providing a copy of the plan of safe care
                                22   that was created for the child; provided that notification
                                23   shall comply with federal guidelines and shall not constitute a
                                24   report of child abuse or neglect.        The health care authority
                                25   shall be responsible for ensuring compliance with federal
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                                1    reporting requirements related to plans of safe care.
                                2  J.   As used in this section, "school employee"
                                3    includes employees of a school district or a public school."
                                4  SECTION 3.    Section 32A-4-4 NMSA 1978 (being Laws 1993,
                                5    Chapter 77, Section 98, as amended) is amended to read:
                                6  "32A-4-4.    COMPLAINTS--REFERRAL--PRELIMINARY INQUIRY.--
                                7  A.   Reports alleging neglect or abuse shall be
                                8    referred to the department, which shall conduct an
                                9    investigation to determine the best interests of the child with
                                10   regard to any action to be taken.      The name and information
                                11   regarding the person making the report shall not be disclosed
                                12   absent the consent of the informant or a court order.
                                13  B.   Unless a report pursuant to Subsection A of this
                                14   section is a report of a critical incident or serious critical
                                15   incident involving a child in a placement location, if a report
                                16   alleging neglect or abuse meets the criteria established
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                                17   pursuant to Section 32A-4-4.1 NMSA 1978, the department may
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                                18   assign the case to the multilevel response system.
                                19  C.   During the investigation of a report alleging
                                20   neglect or abuse, the matter may be referred to another
                                21   appropriate agency and conferences may be conducted for the
                                22   purpose of effecting adjustments or agreements that will
                                23   obviate the necessity for filing a petition.     A representative
                                24   of the department shall, at the initial time of contact with
                                25   the party subject to the investigation, advise the party of the
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                                1    reports or allegations made, in a manner that is consistent
                                2    with laws protecting the rights of the informant.      The parties
                                3    shall be advised of their basic rights and no party may be
                                4    compelled to appear at any conference, to produce any papers or
                                5    to visit any place.      The investigation shall be completed
                                6    within a reasonable period of time from the date the report was
                                7    made.
                                8  D.   After completion of the investigation on a
                                9    neglect or abuse report, the department shall either recommend
                                10   or refuse to recommend the filing of a petition.
                                11  E.   When a child is taken into custody, the
                                12   department shall file a petition within three days, unless the
                                13   provisions of Subsection F of Section 32A-4-7 NMSA 1978 apply,
                                14   in which case the petition shall be filed within five days.
                                15  F.   When the department files a petition, it shall
                                16   simultaneously provide to the office of family representation
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                                17   and advocacy, and if a child is an Indian child, to the child's
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                                18   Indian nation, tribe or pueblo:
                                19  (1)   the petition;
                                20  (2)   the name, telephone numbers and addresses
                                21   of each respondent; and
                                22  (3)   the names, dates of birth and placement
                                23   information for each child who is a subject of the petition,
                                24   including:
                                25  (a)   the type of placement; and
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                                1  (b)   the name, telephone number and
                                2    address for the person or entity that holds the license for
                                3    each child's placement.
                                4  G.   If a petition is not filed in a timely manner,
                                5    the child shall be released to the child's parent, guardian or
                                6    custodian."
                                7  SECTION 4.    Section 32A-4-4.1 NMSA 1978 (being Laws 2019,
                                8    Chapter 137, Section 2, as amended) is amended to read:
                                9  "32A-4-4.1.    MULTILEVEL RESPONSE SYSTEM.--
                                10  A.   The department shall establish a multilevel
                                11   response system to evaluate and provide services to a child or
                                12   the family, relatives, caretakers or guardians of a child with
                                13   respect to whom a report alleging neglect or abuse has been
                                14   made.    The multilevel response system may include an
                                15   alternative to investigation upon completion of an evaluation
                                16   that may be completed at intake by the department, the results
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                                17   of which indicate that there is no immediate concern for the
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                                18   child's safety; provided, however, that an investigation shall
                                19   be conducted for any report:
                                20  (1)   alleging sexual abuse of a child or
                                21   serious or imminent harm to a child;
                                22  (2)   indicating a child fatality;
                                23  (3)   requiring law enforcement involvement, as
                                24   identified pursuant to rules promulgated by the department; or
                                25  (4)   requiring a specialized assessment or a
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                                1    traditional investigative approach, as determined pursuant to
                                2    rules promulgated by the department.
                                3  B.   The department may remove a case from the
                                4    multilevel response system and conduct an investigation if
                                5    imminent danger of serious harm to the child becomes evident.
                                6    Unless a case reported is a critical incident or serious
                                7    critical incident involving a child in a placement location,
                                8    the department may reassign a case from investigation to the
                                9    multilevel response system at the discretion of the department.
                                10  C.   For each family, including the child who is the
                                11   subject of a report to the department and that child's
                                12   relatives, caretakers or guardians, that receives services
                                13   under the multilevel response system, the department shall
                                14   conduct a family assessment.    Based on the results of the
                                15   family assessment, the department may offer or provide
                                16   referrals for counseling, training or other services aimed at
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                                17   addressing the underlying causative factors jeopardizing the
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                                18   safety or well-being of the child who is the subject of a
                                19   report to the department.    A family member, relative, caretaker
                                20   or guardian may choose to accept or decline any services or
                                21   programs offered under the multilevel response system;
                                22   provided, however, that if a family member, relative, caretaker
                                23   or guardian declines services, the department may choose to
                                24   proceed with an investigation.
                                25  D.   The department shall employ licensed social
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                                1    workers to provide services to families, relatives, caretakers
                                2    or guardians participating in the multilevel response system to
                                3    the extent that licensed social workers are available for
                                4    employment.
                                5  E.   The department shall:
                                6  (1)   provide an annual report of system
                                7    implementation and outcomes to the legislative finance
                                8    committee, the interim legislative health and human services
                                9    committee, the interim legislative committee that studies
                                10   courts, corrections and justice and the department of finance
                                11   and administration as part of the department's budget
                                12   submission;
                                13  (2)   arrange for an independent evaluation of
                                14   the multilevel response system, including examining outcomes
                                15   for child safety and well-being and cost-effectiveness;
                                16  (3)   incorporate the multilevel response system
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                                17   into the department's quality assurance review process;
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                                18  (4)   develop performance measures, as provided
                                19   in the Accountability in Government Act, for the multilevel
                                20   response system; and
                                21  (5)   implement the multilevel response system
                                22   statewide no later than July 1, 2027.
                                23  F.   The department shall promulgate rules to
                                24   implement the provisions of this section.
                                25  G.   As used in this section, "family assessment"
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                                1    means a comprehensive, evidence-based assessment tool used by
                                2    the department to determine the needs of a child and the
                                3    child's family, relatives, caretakers or guardians at the time
                                4    the department receives a report of child abuse and neglect,
                                5    including an assessment of the likelihood of:
                                6  (1)   imminent danger to a child's well-being;
                                7  (2)   the child becoming an abused child or a
                                8    neglected child; and
                                9  (3)   the strengths and needs of the child's
                                10   family members, relatives, caretakers or guardians with respect
                                11   to providing for the health and safety of the child."
                                12        SECTION 5.       A new section of the Abuse and Neglect Act,
                                13   Section 32A-4-4.2 NMSA 1978, is enacted to read:
                                14        "32A-4-4.2.       [NEW MATERIAL] CRITICAL INCIDENT
                                15   INVESTIGATION TEAM CREATED--TEAM COORDINATOR--LOCAL CRITICAL
                                16   INCIDENT INVESTIGATION UNITS--DUTIES--WRITTEN FINDINGS--
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                                17   REPORTS.--
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                                18  A.    The "critical incident investigation team" is
                                19   created within the protective services division of the
                                20   department.       The team consists of a team coordinator, locally
                                21   assigned critical incident investigation units and other
                                22   personnel necessary to carry out the duties of the team.       The
                                23   team is responsible for investigating reports of critical
                                24   incidents or serious critical incidents referred to the team by
                                25   the department or local law enforcement.
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                                1  B.   The team coordinator shall:
                                2  (1)   determine the local authority of each
                                3    critical incident investigation unit based on the department's
                                4    resources, including field offices and access to trained local
                                5    law enforcement for collaboration and coordination of
                                6    investigations;
                                7  (2)   handle all aspects of the intake of
                                8    reports of critical incidents or serious critical incidents
                                9    directed to the critical incident investigation team, including
                                10   documentation and recordkeeping, tracking and transparency as
                                11   necessary for each report;
                                12  (3)   immediately assign the appropriate local
                                13   critical incident investigation unit to investigate each report
                                14   directed to the critical incident investigation team;
                                15  (4)   assist in an ongoing manner each local
                                16   critical incident investigation unit with coordination and
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                                17   collaboration with local law enforcement as necessary or
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                                18   appropriate; provided also that the department shall adopt
                                19   rules governing coordination with law enforcement to prevent
                                20   interference with criminal investigations; and
                                21  (5)   perform any other duties as required and
                                22   assigned by the department.
                                23  C.   A critical incident investigation unit shall
                                24   investigate reports of critical incidents or serious critical
                                25   incidents involving children in a placement location located in
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                                1    the unit's local area of authority as determined and assigned
                                2    by the team coordinator.     An investigation initiated pursuant
                                3    to this section:
                                4  (1)   shall commence within twenty-four hours of
                                5    assignment to the unit;
                                6  (2)   shall include, as appropriate, interviews
                                7    with the alleged victim, witnesses and placement location
                                8    staff;
                                9  (3)   shall include review of incident reports,
                                10   including prior incident reports, applicable medical reports
                                11   and treatment plans, other relevant records, video or audio
                                12   recordings, on-site visits and any history of complaints or
                                13   violations at the placement location;
                                14  (4)   shall include consultations or interviews
                                15   with experts such as medical, behavioral health or other
                                16   specialists, including department staff as appropriate;
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                                17  (5)   may include additional unannounced or
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                                18   announced site visits to the placement location to observe the
                                19   environment, interview additional staff, review pertinent
                                20   records or gather additional information deemed appropriate or
                                21   necessary; and
                                22  (6)   shall be completed within sixty days of
                                23   assignment unless the team coordinator documents in writing to
                                24   the office of child advocate good cause for an extension.
                                25  D.   In conducting an investigation of a critical
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                                1    incident or serious critical incident involving a child at a
                                2    placement location pursuant to this section, the critical
                                3    incident investigation unit shall, to the extent allowed under
                                4    state or federal law, be provided immediate and unrestricted
                                5    access to:
                                6  (1)   the alleged victim;
                                7  (2)   placement location administrators and
                                8    staff;
                                9  (3)   the physical premises of the placement
                                10   location; and
                                11  (4)   records relevant to the investigation,
                                12   including personnel files, incident reports, video or audio
                                13   recordings, medical records, treatment plans and licensing or
                                14   contract compliance material.
                                15  E.   The placement location and its employees shall
                                16   cooperate fully with the critical incident investigation unit
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                                17   and shall not obstruct, interfere with or retaliate against any
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                                18   person who makes a report, participates in an interview or
                                19   otherwise assists the unit.
                                20  F.   At the initial contact with an alleged
                                21   perpetrator, the critical incident investigation unit shall
                                22   provide to the alleged perpetrator written notice of the
                                23   allegations and a description of the investigative process.
                                24  G.   Interviews conducted pursuant to an
                                25   investigation as provided in this section shall, to the extent
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                                1    practicable:
                                2  (1)   be conducted privately;
                                3  (2)   be documented in an investigation record;
                                4    and
                                5  (3)   include interpreter services when
                                6    necessary to facilitate effective communication.
                                7  H.   If information obtained during an investigation
                                8    identifies a new alleged perpetrator or otherwise expands the
                                9    allegations, the critical incident investigation unit, in a
                                10   separate interview conducted pursuant to this section, shall
                                11   provide the identified new alleged perpetrator an opportunity
                                12   to respond to the allegation.
                                13  I.   If the critical incident investigation unit
                                14   determines that the alleged victim or another child faces
                                15   immediate risk to health or safety, the unit shall implement or
                                16   recommend a plan for immediate protective action in
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                                17   coordination with the department and appropriate authorities.
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                                18  J.   An investigation completed pursuant to
                                19   Subsection C of this section shall be fully documented in a
                                20   report with written findings and notifications provided to the
                                21   office of child advocate.     The report shall include:
                                22  (1)   determinations by the critical incident
                                23   investigation unit as to whether:
                                24  (a)   the allegations of a critical
                                25   incident or serious critical incident are substantiated and
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                                1    established by a preponderance of evidence or are not
                                2    established and, when supported by the evidence, include
                                3    findings as to each specific alleged perpetrator;
                                4  (b)    concerns are identified regarding a
                                5    caregiver with a placement location or the placement location
                                6    as a whole;
                                7  (c)    a criminal referral is made
                                8    regarding the allegations; or
                                9  (d)    the alleged incident did or did not
                                10   occur, and written documentation of those findings; and
                                11  (2)   notifications by the critical incident
                                12   investigation unit to the following parties of the unit's
                                13   findings, not to include the investigative materials:
                                14  (a)    the alleged victim and the alleged
                                15   victim's parent, guardian or custodian;
                                16  (b)    the administrator, director or
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                                17   similarly titled manager of the placement location where the
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                                18   alleged incident occurred;
                                19  (c)    appropriate law enforcement if the
                                20   critical incident investigation unit suspects criminal
                                21   activity; and
                                22  (d)    any alleged perpetrator identified
                                23   in the report, with notice of the right to request
                                24   administrative review of the findings pursuant to rule of the
                                25   department.
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                                1  K.   For an allegation investigated pursuant to this
                                2    section occurring in a placement location, the department may
                                3    restrict new placements in that placement location during the
                                4    pendency of the investigation unless the department determines
                                5    that continued placements do not pose a risk to child safety.
                                6  L.   At the conclusion of an investigation involving
                                7    a placement location, in its written findings, the critical
                                8    incident investigation unit shall, as appropriate, require
                                9    corrective actions or monitoring to ensure that the placement
                                10   location is compliant with the applicable licensing or contract
                                11   requirements.
                                12  M.   The critical incident investigation unit shall
                                13   report any substantiated finding of a critical incident or
                                14   serious critical incident to the secretary of children, youth
                                15   and families and the secretary of health care authority.      The
                                16   substantiated findings shall be entered into the abuse and
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                                17   neglect data system.
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                                18  N.   For an investigation involving a placement
                                19   location in Indian country, the department and the critical
                                20   incident investigation team shall coordinate the investigation
                                21   with the appropriate tribal authorities."
                                22        SECTION 6.    TEMPORARY PROVISION--RULES.--The children,
                                23   youth and families department shall adopt and promulgate rules
                                24   to carry out the provisions of this act no later than September
                                25   30, 2026.
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                                1  SECTION 7.   APPROPRIATION.--Two hundred fifty thousand
                                2    dollars ($250,000) is appropriated from the general fund to the
                                3    children, youth and families department for expenditure in
                                4    fiscal year 2027 to carry out the provisions of this act.    Any
                                5    unexpended balance remaining at the end of fiscal year 2027
                                6    shall revert to the general fund.
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