New Mexico Child Abuse Laws

New Mexico’s Child Abuse and Neglect Act creates an entire procedure for defining, reporting, and managing abused and neglected children within the state of New Mexico. The statute contains a listing of mandated reporters, time requirements for investigation, and placement for children removed from parental custody.

New Mexico state laws on the neglect and abuse of a child provide criminal penalties for abuse or abandonment of a child that results in death or serious injury. New Mexico also penalizes failure to report children at risk or impeding the investigation of abuse or neglect. The Children’s Code is reviewed in more detail below.

New Mexico Child Abuse Laws

New Mexico’s Children, Youth and Families Department (CYFD) handles all reports of known or suspected abuse or neglect throughout the state. New Mexico Statutes 32A-4-3 requires anyone who knows or reasonably suspects child abuse or neglect to report to CYFD, law enforcement, or tribal services.

CYFD is available 24/7. Call the Statewide Central Intake at 1-855-333-SAFE [7233] if you suspect child maltreatment is occurring. You can remain anonymous. If you or the child are in immediate danger, contact law enforcement.

Definitions of Child Abuse

New Mexico laws define child abuse and neglect in straightforward terms so reporters can easily recognize such treatment. Every person “who is not privileged by law” has a duty to report abuse or neglect if they have a reasonable suspicion of such abuse.

Physical abuse means strangulation, suffocation, bruising, bleeding, or great bodily harm where:

• There is no justifiable explanation for the injury or death
• The explanation is inadequate for the injury or death
• Circumstances surrounding the injury or death suggest it was not accidental

For instance, a car accident is a reasonable explanation for significant head trauma. Playing in the yard is not.

Sexual abuse is incest, criminal sexual contact or sexual exploitation, or allowing or permitting any pornography or obscene photographing of the child.

Neglect includes the abandonment of a child, or the failure of a child’s parent to provide food, shelter, clothing, education, and other care necessary for the child’s well-being.

Neglect may also be an inability to discharge parental duties due to incapacity, incarceration, hospitalization, or mental or physical disability.

CYFD considers all factors when they review a possible child abuse case. Before charging parents with abuse and removing the child from the home, CYFD works with the family to correct the situation.

Mandatory Reporting

In some states, certain people have a legal duty to report suspected child abuse. Mandatory reporters are often:

• Doctors, nurses, and other medical providers
• Teachers, school nurses, and educational officials
• Social workers and law enforcement officers
• Judges, clergy, and other officials

New Mexico’s mandatory reporter statute (§ 32A-4-3) requires anyone with knowledge or reasonable suspicion of child abuse to report it immediately to CYFD or a law enforcement agency. Failure to do so can lead to a misdemeanor criminal charge. 

New Mexico Child Abuse Statutes

The table below summarizes New Mexico's criminal charges related to child abuse and their penalties for conviction.

Get Legal Advice from an Attorney

Although reporting child abuse is the law, you may not know how to go about it. If you’ve been charged or suspected of child abuse, you need legal advice on your next steps. Contact a New Mexico family law attorney or a criminal defense lawyer for information on how to proceed.