Child Abuse Reporting Laws for New Mexico

State and Statute: New Mexico, Stats. §§ 32A-4-1 et seq.

What Is Reportable "Abuse": Physical, sexual, sexual exploitation, or mental abuse or neglect by a child's parent, guardian, or custodian. [32A-4-2 and 32A-4-3(A)]

Mandatory Reporters Any person, including clergy, school officials, and school teachers. [32A-4-3(A)]

How and Where to Report: (1) A local law enforcement agency, (2) the children, youth and families department, or (3) tribal law enforcement or social services agencies for any Indian child residing in Indian country. [32A-4-3(A)]

Timeline to Report: Immediately. [32A-4-3(A)]

Clergy Privilege: A "member of the clergy who has information that is not privileged as a matter of law" is required to report. [32A-4-3(A)]

Penalty for Knowingly Failing to Report: Misdemeanor. [32A-4-3(F)]

Civil Liability for Failure to Report Recognized? No statute recognizes civil liability. Consult with legal counsel to ensure no recent court decisions in New Mexico have recognized civil liability.

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