New Mexico legislation · 2026 Regular Session
New Mexico SB236: CYFD ABUSE & NEGLECT CASE TORT CLAIMS
Status: In committee, February 3, 2026
What the bill says
An act relating to torts; providing a tort claims act exception to immunity for instances of a child abused or neglected in the custody of the children, youth and families department in certain circumstances.
From the introduced text, February 3, 2026:
AN ACT RELATING TO TORTS; PROVIDING A TORT CLAIMS ACT EXCEPTION TO IMMUNITY FOR INSTANCES OF A CHILD ABUSED OR NEGLECTED IN THE CUSTODY OF THE CHILDREN, YOUTH AND FAMILIES DEPARTMENT IN CERTAIN CIRCUMSTANCES. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: SECTION 1. Section 41-4-4 NMSA 1978 (being Laws 1976, Chapter 58, Section 4, as amended) is amended to read: "41-4-4. GRANTING IMMUNITY FROM TORT LIABILITY-- AUTHORIZING EXCEPTIONS.-- A. A governmental entity and any public employee while acting within the scope of duty are granted immunity from liability for any tort except as waived by the New Mexico Religious Freedom Restoration Act and by Sections 41-4-5 through [41-4-12] 41-4-12.1 NMSA 1978. Waiver of this immunity .233107.1 wen = lairetam derocsrednu eteled = ]lairetam detekcarb[ shall be limited to and governed by the provisions of Sections 41-4-13 through 41-4-25 NMSA 1978, but the waiver of immunity provided in those sections does not waive immunity granted pursuant to the Governmental Immunity Act. B. Unless an insurance carrier provides a defense, a governmental entity shall provide a defense, including costs and attorney fees, for any public employee when liability is sought for: (1) any tort alleged to have been committed by the public employee while acting within the scope of [his] duty; or (2) any violation of property …
Sponsors
- Nicole Tobiassen (R, SD-021) · primary sponsor
- Brantley, Crystal (R, 35)
Latest actions
- : Sent to SCC - Referrals: SCC/SHPAC/SJC
- : Action Postponed Indefinitely
Subjects: TORTS, STATE AGENCIES & DEPARTMENTS (including reorganization), CHILDREN & FAMILIES
Common questions
- What is SB236?
- SB236 is a bill in the New Mexico Legislature (2026 Regular Session): CYFD ABUSE & NEGLECT CASE TORT CLAIMS.
- What does SB236 do?
- In its own words: An act relating to torts; providing a tort claims act exception to immunity for instances of a child abused or neglected in the custody of the children, youth and families department in certain circumstances.
- What is the status of SB236?
- In committee as of February 3, 2026. Latest action: Sent to SCC - Referrals: SCC/SHPAC/SJC (February 3, 2026).
- Who sponsored SB236?
- Nicole Tobiassen (R, SD-021), with 1 co-sponsor.
- Where is the official record for SB236?
- On the New Mexico Legislature website: https://www.nmlegis.gov/Legislation/Legislation?chamber=S&legType=B&legNo=236&year=26
Source: official New Mexico record. Tracked by Delilah, AI for legislation across all 50 states and Congress.