A. As used in this section:
(1)"near fatality" means an act that, as certified by a physician, including the child's treating physician, placed a child in a serious or critical medical condition; and (2) "personal identifier information" means:
(b)all but the last four digits of a person's: 1) taxpayer identification number; 2) financial account number; 3) credit or debit card number; or 4) driver's license number;
(c)all but the year of a person's date of birth;
(d)a person's social security number; and (e) a person's street address, but not the city, state or zip code. B. After learning that a child fatality or near fatality has occurred and that there is reasonable suspicion that the fatality or near fatality was caused by abandonment, abuse or neglect, the depa
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A. As used in this section: (1) "near fatality" means an act that, as certified by a physician, including the child's treating physician, placed a child in a serious or critical medical condition; and (2) "personal identifier information" means: (a) a person's name; (b) all but the last four digits of a person's: 1) taxpayer identification number; 2) financial account number; 3) credit or debit card number; or 4) driver's license number; (c) all but the year of a person's date of birth; (d) a person's social security number; and (e) a person's street address, but not the city, state or zip code. B. After learning that a child fatality or near fatality has occurred and that there is reasonable suspicion that the fatality or near fatality was caused by abandonment, abuse or neglect, the department shall upon written request release the following information, if in the department's possession, within five business days: (1) for a fatality: (a) the name, age and gender of the child; (b) the date and location of the fatality; and (c) the cause of death, if known; (2) for a near fatality: (a) the age and gender of the child; and (b) the type and extent of injuries; (3) for either a fatality or near fatality: (a) whether the child is currently or has been in the custody of the department within the last five years or the child's family is currently or has been served or under investigation by the department within the last five years; (b) whether the child lived with a parent, guardian or custodian; was in foster care; was in a residential facility or detention facility; was a runaway; or had some other living arrangement; (c) whether an investigation is being conducted by the department or by a law enforcement agency, if known; (d) a detailed synopsis of prior reports of abuse or neglect involving the child, siblings or other children in the home, if applicable; and (e) actions taken by the department to ensure the safety of siblings, if applicable; and (4) any other information that is publicly known. C. Upon completion of a child abandonment, abuse or neglect investigation into a fatality or near fatality, if it is determined that abandonment, abuse or neglect caused the fatality or near fatality, the following documents shall be released upon written request: (1) a summary of the department's investigation; (2) a law enforcement investigation report, if in the department's possession; (3) the medical investigator's report, if in the department's possession; and (4) in the case of a fatality, the department's file on the child who died. D. Prior to releasing documents specified in Subsection C of this section, the department shall consult with the district attorney and shall redact: (1) information that, in the opinion of the district attorney, would cause specific material harm to a criminal investigation or prosecution; (2) personal identifier information related to a reporting party or any other party providing information and any other child living in the home; (3) information that is privileged, confidential or not subject to disclosure pursuant to Section 32A-4-33 NMSA 1978 or other state or federal law; and (4) in the case of a near fatality, personal identifier information for the child, parent, guardian, resource parent and any other child living in the home. E. If documents pursuant to this section have been released by the department, the department may comment on the case. F. Information released by the department consistent with the requirements of this section does not require prior notice to any other person. G. Nothing in this section shall be construed as requiring the department to obtain documents not in the abuse and neglect case file. H. A person disclosing abandonment, abuse or neglect case file information as required by this section shall not be subject to suit in civil or criminal proceedings for complying with the requirements of this section. I. The department shall continue to provide timely allowable information to the public on the investigation into a case of fatality or near fatality of a child, including a summary report that shall include: (1) actions taken by the department in response to the case, including changes in policies, practices, procedures and processes that have been made to address issues raised in the investigation of the case and any recommendations for further changes in policies, practices, procedures, processes and other rules or laws to address the issues; and (2) the information described in Subsection J or K of this section. J. If the summary report involves a child who was residing in the child's home, the report shall contain a summary of all of the following: (1) whether services pursuant to the Abuse and Neglect Act were being provided to the child, a member of the child's household or a person who had been arrested for abandonment, abuse or neglect of the child prior to the time of the fatality or near fatality and the date of the last contact between the person providing the services and the person receiving the services prior to or at the time of the fatality or near fatality; (2) whether the child, a member of the child's household or the person who had been arrested for abandonment, abuse or neglect of the child prior to the fatality or near fatality was the subject of a current or previous department report; (3) all involvement of the child's parents or the person who had been arrested for abuse or neglect of the child prior to the fatality or near fatality in a situation for which a department report was made or services provided pursuant to the Abuse and Neglect Act in the five years preceding the incident that culminated in the fatality or near fatality; and (4) any investigation pursuant to a department report concerning the child, a member of the child's household or the person who had been suspected of or arrested for the abandonment, abuse or neglect of the child or services provided to the child or the child's household since the date of the incident involving a fatality or a near fatality. K. If the summary report involves a child who was in out-of-home placement, the summary report shall include: (1) the name of the agency the licensee was licensed by; and (2) the licensing history of the out-of-home placement, including the type of license held by the operator of the placement, the period for which the placement has been licensed and a summary of all violations by the licensee and any other actions by the licensee or an employee of the licensee that constitute a substantial failure to protect and promote the health, safety and welfare of a child. L. Nothing in this section shall apply to the Indian Family Protection Act [32A-28-1 to 32A-28-42 NMSA 1978], information or records concerning Indian children or Indian parents, guardians or custodians or investigations or proceedings pursuant to that act.