New Mexico Supreme Court upholds mandatory removal policy for drug- and alcohol-exposed newborns
By
Danielle Prokop
Fresh out the oven, still warm. Top of the tray.
Summary
The New Mexico Supreme Court unanimously denied a petition challenging a state policy that mandates the removal of newborns exposed to drugs or alcohol. The policy, issued in July 2025 by the New Mexico Children, Youth and Families Department, requires immediate custody of newborns diagnosed with fetal alcohol syndrome or substance exposure with no exceptions. The court sided with Governor Michelle Lujan Grisham, upholding the directive based on a 2019 update to the state's mandatory reporting laws.
Key quotes
· 3 pulledThe New Mexico Supreme Court on Monday sided with Gov. Michelle Lujan Grisham and unanimously denied a petition filed last month requesting reversal of a policy mandating the removal of newborns exposed to drugs and alcohol.
The case stems from a July 2025 directive the New Mexico Children, Youth and Families Department issued requiring staff to take immediate custody of newborns with diagnoses of fetal alcohol syndrome or substance-exposure with 'no exceptions.'
In 2019, the New Mexico Legislature updated its mandatory reporting laws to include language that a pre...
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