HB 5 New Mexico House · 2025 Regular Session

OFFICE OF CHILD ADVOCATE ACT

HB 5 creates a new independent Office of Child Advocate in New Mexico to oversee child welfare services. It establishes a State Child Advocate position appointed by the governor (with a six-year term), selected by a nine-member committee with diverse expertise including foster care experience and Indian Child Welfare knowledge. The office will review services provided to children in foster care, group homes, or juvenile facilities, handle complaints via a toll-free hotline, and ensure policies protect children's rights. The bill was enacted after passing the legislature and being signed into law on March 21, 2025.
Bill status signed all 5 stages cleared
Introduction
Feb 2025
Committee Review
Mar 2025
House Passage
Mar 2025
Senate Passage
Mar 2025
Signed into Law
Mar 2025
Introduced Feb 12, 2025 Signed Mar 21, 2025
Maddy AI version diff · 1 comparison

What changed between versions

introduced version Final Version · 7 edits
MODERATE
The bill was reformatted from a traditional legislative format to a more modern act structure, with substantive changes to the Office of Child Advocate's creation, appointment process, and committee composition. The office is now created under the attorney general with budget autonomy, and the selection committee was reduced from nine to seven members with different appointment sources.
Scope change
The bill's scope expanded to include a formalized appointment process with a selection committee, defined qualifications for the state child advocate, and established the office's administrative attachment to the attorney general while maintaining budget autonomy.
DEFINITION

Added formal definitions for key terms including 'child in custody', 'committee', 'department', 'near fatality', and 'office' to clarify the bill's application.

REQUIREMENT

Changed state child advocate appointment requirements to require six years of experience (from five), and added requirement for attorney, psychologist, or social worker licensure.

Reduced state child advocate selection committee from nine to seven members, changing appointment sources and removing the attorney general from the committee.

Established committee duties including soliciting applications, evaluating candidates, and submitting majority recommendations to the governor within 90 days of vacancy.

TIMELINE

Extended state child advocate term from one year to six years, with initial term ending December 31, 2031, and reappointment allowed for two successive terms.

ENFORCEMENT

Added specific grounds for removal of state child advocate: malfeasance, misfeasance, or abuse of office, with oversight by the attorney general.

FISCAL

Changed office administrative attachment from state department of justice to attorney general, while maintaining budget autonomy for the office.

Floor votes · Senate Mar 14, 2025 · House Mar 4, 2025

How they voted

2811
Passed · 1 other
Total votes 40
Mar 14, 2025
D Democratic24
15 Yea 9 Nay
62% Yea
R Republican16
13 Yea 2 Nay 1
81% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
11
Key actions
8
Committee
3
Mar 21, 2025
Signed into law
Signed
executive
Mar 17, 2025
Executive · Passed
House concurred in Senate amendments
executive
Mar 14, 2025
Upper · Passed
passed Senate
upper
Mar 13, 2025
Upper · Passed
DO PASS, as amended, committee report adopted
upper
Mar 4, 2025
Introduced
Sent to Senate Judiciary Committee
upper
Mar 4, 2025
Lower · Passed
passed House
lower
Mar 4, 2025
Lower · Passed
floor substitute adopted (1 amendment)
lower
Mar 1, 2025
Lower · Passed
DO PASS, as amended, committee report adopted
lower
Feb 21, 2025
Lower · Passed
DO PASS committee report adopted
lower
Feb 12, 2025
Introduced
Sent to House Health & Human Services Committee & House Judiciary Committee
lower
5 primary · 0 co-sponsors

Sponsors