NM lawmaker proposes language to protect mothers of healthy surrendered babies
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A New Mexico State legislator wants the New Mexico Children, Youth and Families Department (CYFD) to change the way it investigates babies surrendered in baby boxes.
State Sen. David Gallegos (R-41) tried to work in a last-minute bill before the 2024 New Mexico Legislature adjourned Feb. 15 after an infant was surrendered in early February at a box located in the Belen Fire Department.
“The location was blessed just months ago at the end of October 2023. Belen’s baby is the 41st (surrender) in the program’s history since 2017,” read a Feb. 7 press release from Safe Haven Baby Boxes, an Indiana-based company that provides an anonymous surrender for unwanted babies.
The New Mexico Safe Haven for Infants Act states anyone can surrender an infant of up to three months at a safe haven site in the state without worry of being prosecuted for child abandonment.
KOAT TV reported Feb. 14 that CYFD was investigating the parent of the child surrendered in Belen, but the agency did not release any additional information about the investigation except to say it was obligated to check into the situation.
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“CYFD is required to conduct an investigation pursuant to the Abuse and Neglect Act. The department is also required under (the New Mexico) Indian Family Protection Act (IFPA) and (the federal) Indian Child Welfare Act (ICWA) to make reasonable efforts to determine if the child is of Native decent and what is in the best interest of the child,” read the statement.
CYFD’s press office noted that a determination of abuse cannot be made unless the investigation is complete.
Gallegos said he would continue to work to change language in the current statue to exempt parents of healthy surrendered babies from investigation, to protect the parent and to ensure that the safe haven surrender law continues to be effective.
Gallegos hoped to include the proposed legislation in any special session of the New Mexico Legislature called in 2021. In a Feb. 15 press release, New Mexico Gov. Michelle Lujan Grisham indicated she might call for a special session to address violent crime.
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Gallegos said if the governor does not call a special session then he will introduce the legislation in 2025.
“I think we owe it to the moms to do everything we can because we are giving them options,” he said.
“We need to change the wording so when that mother knows she has made the right decision for that child that she is not going to have to hide,” Gallegos added.
Mike Smith can be reached at 575-628-5546 or by email at MSmith@currentargus.com or @ArgusMichae on X, formerly known as Twitter.
This article originally appeared on Carlsbad Current-Argus: NM Sen. says law should safeguard moms of healthy surrendered babies
