SANTA FE, N.M. – State lawmakers on both sides of the aisle say the Children’s Code needs a refresh, but they’re not the only ones proposing some changes.

The Children’s Code is a rather large section of New Mexico law. It deals with juvenile justices issues, but it also deals with child welfare, including abuse and neglect laws. That’s where it seems task force leaders are focused right now.

The Children’s Code Reform Task Force presented their expansive list of recommendations to lawmakers Monday. That includes revising the definition of neglected child, addressing concerns with negligent exposure to guns, removing child prostitution terminology from state statue, and proposing the Crossover Youth Act to address the relationship between adverse childhood experiences and teenage crime. 

“One prominent physician in New Mexico has said it is in child welfare where delinquent children are born and created because we overlook the need for services, not only to the children, but to their families. It’s very difficult to provide services to a family when you’re not including parents or caregivers and the children are involved,” said Retired Children’s Court Judge John E. Romero.

State Sen. Linda Lopez revealed there are already bills in the works based on many of the task force’s recommendations. However, not much was said about juvenile justice, which is often the focus when we talk about the Children’s Code.

Bernalillo County District Attorney Sam Bregman, and a bipartisan group of state lawmakers, is pushing the Legislature to rewrite parts of the Children’s Code to increase the consequences and provide more accountability for teen suspects accused of violent crimes.

The task force’s report challenges those efforts with New Mexico-based research showing increased punishments for youthful offenders does not reduce juvenile crime.

“And also how futile it is to change our, to buy into the notion that being tougher on a crime is actually going to produce greater public safety and more efficiency in the way we spend our money as a government. The futility of severe punishment,” said Romero. 

Task force leaders did not directly challenge Bregman’s plans. Instead, they focused on their own recommendations. It’s clear Bregman could be facing an uphill battle on some of his Children’s Code reform plans.

Bregman’s office confirmed they are joining Republican state Rep. Andrea Reeb’s proposal, but that bill is still at the starting line.