NM HB84

Exposure of a child to Schedule I or Schedule II controlled substances by a pregnant person who knows they are pregnant constitutes child abuse if the newborn tests positive for that substance at birth, with an exception for lawful use of Schedule II substances

Adds fentanyl exposure to the existing list of substances (alongside methamphetamine) that constitute prima facie evidence of child abuse when a child is knowingly and intentionally exposed to their use

Requires health care providers to report concerns about substance-exposed newborns to the Children, Youth and Families Department's statewide central intake, triggering a plan of safe care assessment and potential investigation if the newborn's needs are not being met

Newborns in hospital settings cannot be taken into temporary protective custody without a court order finding an emergency situation exists, though they may be held while a court order is pursued if identified as affected by substance abuse or withdrawal symptoms

Expands the definition of "neglected child" to include children whose parent, guardian, or custodian has failed to comply with a plan of safe care; bill contains an emergency clause for immediate effect