IAL 052808.

• Case Date: May 28, 2008
• Court: New Mexico

New Mexico Attorney Gen eral Opinions 2008. IAL 052808. May 28, 2008IAL 052808Kari E. Brandenburg Second Judicial District Attorney 520 Lomas Blvd. NW Albuquerque, NM 87102-2118 Re: Opinion Request--Violence Against Women ActDear Ms. Brandenburg: You have requested our opinion regarding whether, when a conflict arises between domestic violence shelters and police agencies attempting to investigate a possible crime involving a child who may be residing at a domestic violence shelter, the child abuse reporting provision of the Children's Code, NMSA 1978, § 32A-4-3 (2005) takes precedence over the confidentiality provisions of the federal Violence Against Women Act ("VAWA"). Based on our examination of the relevant New Mexico statutes, federal statutes, opinions and case law authorities, and on the information available to us at this time, we conclude that, generally, and subject to any specific requirements applicable to a specific program under which a shelter presumably operates, the child abuse reporting provision of the Children's Code, NMSA 1978, § 32A-4-3 (2005), takes precedence over the confidentiality provisions of the VAWA. This is because federal law permits the release of this information pursuant to New Mexico's statutory requirements. Your correspondence indicates that situations have arisen in which the police are called upon to investigate a possible child abuse case and have reason to believe that the child in question may be residing with a parent at a domestic violence shelter. When the police attempt to confirm the location of the child or gain access to the child, they are sometimes refused that information or access by the domestic violence shelter. The shelters are concerned that to give out any information or assistance would violate the provisions of the Violence Against Women Act. The police, however, believe that investigation of possible child abuse takes precedence over confidentiality issues in the Violence Against Women Act. The Children's Code requires reporting and investigation of suspected child abuse or neglect. Specifically, Section 32A-4-3 provides, in part:

A. Every person . . . who knows or has a reasonable suspicion that a child is an abused or a neglected child shall report the matter immediately to:

(1) a local law enforcement agency. . . .

. . . .

C. The recipient of

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