New Mexico

How does state law define child abuse and neglect for reporting purposes?

• Mandated reporters must report abused and neglected children as defined by New Mexico statute 32A-4-2 and legal guidance interpreting the statute.
  • "Abused child" means a child:
    • Who has suffered or who is at risk of suffering serious harm because of the action or inaction of the child's parent, guardian or custodian;
    • Who has suffered physical abuse, emotional abuse or psychological abuse inflicted or caused by the child's parent, guardian or custodian;
    • Who has suffered sexual abuse or sexual exploitation inflicted by the child's parent, guardian or custodian;
    • Whose parent, guardian or custodian has knowingly, intentionally or negligently placed the child in a situation that may endanger the child's life or health; or
    • Whose parent, guardian or custodian has knowingly or intentionally tortured, cruelly confined or cruelly punished the child;
  • "Neglected child" means a child:
    • Who has been abandoned by the child's parent, guardian or custodian;
    • Who is without proper parental care and control or subsistence, education, medical or other care or control necessary for the child's well-being because of the faults or habits of the child's parent, guardian or custodian or the failure or refusal of the parent, guardian or custodian, when able to do so, to provide them;
    • Who has been physically or sexually abused, when the child's parent, guardian or custodian knew or should have known of the abuse and failed to take reasonable steps to protect the child from further harm;
    • Whose parent, guardian or custodian is unable to discharge that person's responsibilities to and for the child because of incarceration, hospitalization or physical or mental disorder or incapacity; or
    • Who has been placed for care or adoption in violation of the law; provided that nothing in the Children's Code shall be construed to imply that a child who is being provided with treatment by spiritual means alone through prayer, in accordance with the tenets and practices of a recognized church or religious denomination, by a duly accredited practitioner thereof is for that reason alone a neglected child within the meaning of the Children's Code; and further provided that no child shall be denied the protection afforded to all children under the Children's Code.

For the most current definitions of these terms, refer to 2017 New Mexico Statutes at Justia US Law.