Parental Substance Use as Child Abuse - New Mexico

Citation: Ann. Stat. § 30-6-1(I)-(J)

Evidence that demonstrates that a child has been knowingly, intentionally, or negligently allowed to enter or remain in a motor vehicle, building, or any other premises that contains chemicals and equipment used or intended for use in the manufacture of a controlled substance shall be deemed prima facie evidence of abuse of the child. 

Evidence that demonstrates that a child has been knowingly and intentionally exposed to the use of methamphetamine shall be deemed prima facie evidence of abuse of the child.

Citation: Admin. Code § 8.10.3.17

Within 45 days of acceptance of the report for investigation, the child protective services worker shall complete an investigation of child abuse or neglect and decide whether the report's allegations of abuse or neglect are substantiated or unsubstantiated. A report may be substantiated when an allegation of child abuse or neglect in which a parent, guardian, foster parent, preadoptive parent, or treatment foster care parent has been identified as the perpetrator or as failing to protect the child and credible evidence exists to support the investigation worker's conclusion that the child has been abused or neglected, as defined in the Children's Code. Credible evidence upon which to base a finding of substantiation may include a child born drug exposed or affected due to illegal or illicit drug use.