CYFD ABUSE & NEGLECT CASE TORT CLAIMS

SB 236 removes government immunity for negligence claims against the Children, Youth and Families Department (CYFD) when a child in its custody is abused or neglected due to CYFD staff errors. It directly affects children who were removed from their homes by CYFD because of parental abuse or neglect and are later harmed by CYFD staff negligence while under the department's care. The bill amends New Mexico's Tort Claims Act to create a specific exception, stating CYFD employees cannot claim immunity for such negligence while acting within their duties. This applies only to cases where the child was placed in CYFD custody following parental abuse/neglect, not to intentional misconduct. The change ensures CYFD can be held accountable for negligence in these specific custody situations.