N.M. Stat. § 24-22-5
Responsibilities of the children, youth and families
department.
A. The children, youth and families department shall be deemed to have emergency
custody of an infant who has been left at a safe haven site according to the provisions
of the Safe Haven for Infants Act.
B. Upon receiving a report of an infant left at a safe haven site pursuant to the
provisions of the Safe Haven for Infants Act, the children, youth and families department
shall immediately conduct an investigation, pursuant to the provisions of the Abuse and
Neglect Act [Chapter 32A, Article 4 NMSA 1978].
C. When an infant is taken into custody by the children, youth and families
department, the department shall make reasonable efforts to determine whether the
infant is an Indian child. If the infant is an Indian child:
(1)
the child's tribe shall be notified as required by Section 32A-1-14 NMSA
1978 and the federal Indian Child Welfare Act of 1978; and
(2)
pre-adoptive placement and adoptive placement of the Indian child shall
be in accordance with the provisions of Section 32A-5-5 NMSA 1978 regarding Indian
child placement preferences.
D. The children, youth and families department shall perform public outreach
functions necessary to educate the public about the Safe Haven for Infants Act,
including developing literature about that act and distributing it to safe haven sites.
E. An infant left at a safe haven site in accordance with the provisions of the Safe
Haven for Infants Act shall presumptively be deemed eligible and enrolled for medicaid
benefits and services.