Cross-Reporting Among Agencies That Respond to Child Abuse and Neglect - New Mexico

Date: February 2021

Cross-Reporting Between Child Protective Services and Law Enforcement

Citation: Ann. Stat. § 32A-4-3; Admin. Code § 8.10.2.14

A mandatory reporter who knows or has a reasonable suspicion that a child is an abused or a neglected child shall report the matter immediately to a local law enforcement agency or the Children, Youth and Families Department.

A law enforcement agency receiving the report shall immediately transmit the facts of the report and the name, address, and phone number of the reporter by telephone to the department and shall transmit the same information in writing within 48 hours. The department shall immediately transmit the facts of the report and the name, address, and phone number of the reporter by telephone to a local law enforcement agency and shall transmit the same information in writing within 48 hours. The written report shall contain the names and addresses of the child and the child's parents, guardian, or custodian; the child's age, the nature and extent of the child's injuries, including any evidence of previous injuries; and other information that the maker of the report believes might be helpful in establishing the cause of the injuries and the identity of the person responsible for the injuries. The written report shall be submitted upon a standardized form agreed to by the law enforcement agency and the department.

If the child alleged to be abused or neglected is in the care or control of or in a facility administratively connected to the department, the report shall be investigated by a local law enforcement officer trained in the investigation of child abuse and neglect. The investigation shall ensure that immediate steps are taken to protect the health or welfare of the alleged abused or neglected child as well as that of any other child under the same care who may be in danger of abuse or neglect.

In regulation: When the alleged perpetrator of abuse or neglect is not a parent or guardian (e.g. a coach, schoolteacher, or neighbor), caseworkers shall receive the information from the reporting source and shall inform the reporter that it will refer the allegation to the appropriate local law enforcement agency.

Other Reporting Requirements

Citation: Ann. Stat. § 32A-4-3; Admin. Code § 8.10.2.14

A mandatory reporter who knows or has a reasonable suspicion that a child is an abused or a neglected child shall report the matter immediately to a Tribal law enforcement or social services agency for any Indian child residing in Indian country.

In regulation: When the report received involves an Indian child on the reservation or pueblo, intake workers shall immediately transmit the information to the appropriate Tribal authority, such as Tribal law enforcement or Tribal social services.