A House committee on Saturday voted to table a bill that would explicitly add fentanyl exposure to the list of circumstances the criminal code treats as prima facie evidence of child abuse.

Sponsor Representative Reed and her expert, prosecutor Rebecca Reyes, told the committee the proposal mirrors an earlier statutory addition for methamphetamine and reflects the growing danger fentanyl poses to children. Reyes, a child-abuse prosecutor, said pediatric fentanyl deaths have risen and that "the majority" of pediatric fatalities in a recent period were due to fentanyl exposure.

Supporters, including law enforcement, victims' advocates and family members of overdose victims, urged the committee to take a firm stance against adults who make potent opioids accessible to children. JD Bullington of the Greater Albuquerque Chamber of Commerce told the panel that "the smallest adult dose is enough to kill a child" and argued that creating a clear statutory basis for child-abuse prosecutions would protect children and support prosecutions of negligent caregivers.

Opponents and neutral commenters — including child-welfare advocates, the ACLU and public-defense lawyers — urged caution. They said adding fentanyl to the criminal-code provision risks criminalizing parents who use legally prescribed opioids for pain management, could deter families from seeking help, and may intersect with civil child-welfare proceedings in ways that increase family separation. Public defenders also argued the statutory construct must protect mental culpability and the proximate-cause standard courts apply in homicide and child-abuse cases.

Committee members asked how the bill would treat exposure in contexts such as prescription use, breastfeeding and accidental ingestion; prosecutors responded that the statutory standard remains proof beyond a reasonable doubt and that jury instructions and case law require a recklessness standard, not mere negligence. Witnesses agreed that many investigated cases already involve prior CYFD or law-enforcement contacts.

After discussion, the committee voted 3-2 to table House Bill 136. Sponsors said they will continue discussions with child-welfare advocates, defenders and prosecutors to refine the bill's wording, particularly the definition of "exposure" and exceptions for lawful medical use.