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SB 236NEW MEXICOSession 2026State Billdead

Did Not Advance

New Mexico bill waives state immunity from tort claims for child abuse in CYFD custody

Original title: CYFD ABUSE & NEGLECT CASE TORT CLAIMS

Last action · February 3, 2026: Sent to SCC - Referrals: SCC/SHPAC/SJCSponsors: Crystal Brantley and 1 other

Bill progressHistory & official text ↓

Introduced

Committee

Floor Vote

Passed

Law

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What This Bill Proposed

New Mexico Senate Bill 236 waives government from liability for child abuse caused by the negligence of Children, Youth and Families Department employees when the child was removed from home for abuse or neglect and placed in departmental custody.

Why it matters

Changes legal accountability by allowing lawsuits for monetary damages against the state when a child suffers abuse due to negligence while in state foster care.

Who It Would Have Affected

Groups the bill's text would have affected, as described in the record. Being affected is not a position for or against it.

Directly affected

Children, Youth and Families Department

The department becomes subject to tort liability for child abuse resulting from employee negligence under specified circumstances.

Directly affected

Children in state custody

Gain the legal ability to bring tort claims against the state for negligence-related abuse occurring while in departmental custody.

Key Facts

You don't have to trust us. Each fact below is taken straight from the official document - click any one to see the exact passage, highlighted in the original.

Frequently Asked Questions

What does Senate Bill 236 change about state liability?

It removes the state's from liability for cases where a child is abused due to the negligence of Children, Youth and Families Department employees while in departmental custody.

Which children are covered under this proposed exception?

The exception covers children who were removed from their homes because they were abused or neglected by their parents and placed into the custody of the Children, Youth and Families Department.

What else do you want to know?

News Coverage

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Where This Stands

This bill did not become law - Died at adjournment · in Senate committee.

Procedural history

1 action

Feb 3, 2026SenateCommittee
Sent to SCC - Referrals: SCC/SHPAC/SJC

Version history

Only one version on file - nothing to compare yet. As later stages (committee substitute, engrossed, enrolled) are captured, the redline appears here.

View official text →

Lobbying Activity

No state lobbying filings in our records match this bill. Federal lobbying reports (LDA) cover Congress, so they are not listed on state bills.

Full breakdown

Who this bill affects and the strongest case for and against it, written only from the bill’s own text.

Connected Entities

Crystal Brantley, Nicole Tobiassen, State of New Mexico and 1 more

PersonCrystal Brantley“State senator who introduced Senate Bill 236”Map →

PersonNicole Tobiassen“Co-sponsor of Senate Bill 236”Map →

locationState of New Mexico“Jurisdiction where the legislation was introduced”Map →

OrganizationChildren, Youth and Families Department“State agency responsible for child welfare and custody”Map →

Sources

Open source document

www.nmlegis.gov

Analysis Score

0–100

Significance20
Lowered because this bill did not pass (its text scored 75)
Controversy65
Intensity of disagreement among stakeholders
Entertainment10
Compellingness for a non-policy-wonk reader
Buzz30
Current news / social attention level

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