reglab/housing_qa huggingface dataset:
NM Stat § 28-16B-2 (2021)
2021 New Mexico Statutes|Chapter 28 - Human Rights|Article 16B - Office of Guardianship|Section 28-16B-2 - Office of guardianship; created; staff.

A. The "office of guardianship" is created in the developmental disabilities planning council.B. The executive director of the developmental disabilities planning council shall employ a head of the office who shall be an attorney licensed in New Mexico who is hired on the basis of ability, experience and knowledge of guardianship issues under the Uniform Probate Code [Chapter 45 NMSA 1978]. The position shall be classified pursuant to the Personnel Act [Chapter 10, Article 9 NMSA 1978].C. Subject to appropriations, the executive director may hire such other professional and clerical staff as necessary to carry out the purposes of the office. History: Laws 2003, ch. 280, § 2; 2021, ch. 128, § 2. ANNOTATIONSThe 2021 amendment, effective July 1, 2021, required the head of the office of guardianship to be an attorney licensed in New Mexico; in Subsection B, after "The", added "executive", and after "who shall be", added "an attorney licensed in New Mexico who is"; and in Subsection C, after "appropriations, the", added "executive".
NM Stat § 28-16B-4 (2021)
2021 New Mexico Statutes|Chapter 28 - Human Rights|Article 16B - Office of Guardianship|Section 28-16B-4 - Service agreement monitoring and enforcement.

A. The office of guardianship shall monitor professional guardians providing services to income-eligible protected persons and enforce agreements the office has executed with guardianship and legal services providers. In carrying out this duty, the office may:(1) have access to case records, copies of court filings and reports, financial records and other records maintained by guardianship and legal services providers related to the services provided to income-eligible protected persons, unless specifically sequestered by the court;(2) petition the court of jurisdiction for access to records that have been sequestered;(3) conduct annual comprehensive service reviews to ensure service providers comply with service agreements and statutory duties;(4) visit protected persons to evaluate the adequacy of guardianship services provided and determine if the guardianship should be amended or terminated; and(5) pursue legal and other remedies against service providers for noncompliance with service agreements and statutory duties.B. The office shall protect and maintain the confidentiality of all client-specific information and records obtained to the same extent as required for the service providers and to any extent otherwise required by state or federal law. History: Laws 2003, ch. 280, § 4; 2009, ch. 159, § 9; 2021, ch. 128, § 4. ANNOTATIONSThe 2021 amendment, effective July 1, 2021, required the office of guardianship to monitor professional guardians providing services to income-eligible protected persons, and authorized the office to conduct annual comprehensive service reviews and other monitoring activities of its service providers to ensure protected persons served by the office of guardianship are receiving appropriate services; in the section heading, deleted "Contract" and added "Service agreement"; in Subsection A, in the introductory paragraph, after "shall monitor", deleted "and enforce all guardianship contracts" and added "professional guardians providing services to income-eligible protected persons and enforce agreements the office has executed with guardianship and legal services providers", in Paragraph A(1), after "maintained by", deleted "contractors related to contract services provided" and added "guardianship and legal services providers related to the services provided to income-eligible protected persons", deleted former Paragraph A(3), added new Paragraphs A(3) and A(4) and redesignated former Paragraph A(4) as Paragraph A(5), and in Paragraph A(5), after "remedies against", deleted "contractors for noncompliance with contract provisions" and added "service providers for noncompliance with service agreements and statutory duties"; and in Subsection B, after "required for the", deleted "contractor" and added "service providers".The 2009 amendment, effective June 19, 2009, in Paragraph (3) of Subsection A, changed "ward" to "protected person".
NM Stat § 28-16B-5 (2021)
2021 New Mexico Statutes|Chapter 28 - Human Rights|Article 16B - Office of Guardianship|Section 28-16B-5 - Guardianship service agreements.

A service agreement for guardianship services shall include:A. a requirement that service providers be certified and in good standing with a national or state organization recognized by the supreme court that provides professional certification for guardians;B. a requirement for adoption and compliance with a code of ethics for guardians;C. the maximum caseload for guardians;D. the fee schedule for services provided;E. assurance that the civil rights of protected persons served by the service provider shall be met, including the right to be served in the most integrated setting appropriate to the needs of the protected person;F. provisions for access by the office of guardianship to records, protected persons and service provider staff as needed to monitor and enforce contract compliance and for quality assurance purposes; and G. minimum financial accounting and reporting requirements. History: Laws 2003, ch. 280, § 5; 2009, ch. 159, § 10; 2021, ch. 128, § 5. ANNOTATIONSThe 2021 amendment, effective July 1, 2021, revised the required contents of a service agreement for guardianship services, including a requirement that service providers be certified and in good standing with a national or state organization recognized by the supreme court that provides professional certification for guardians; changed "contractor" to "service provider" throughout; in the section heading, deleted "Contracts" and added "Guardianship service agreements"; in the introductory clause, after "A", deleted "contract" and added "service agreement"; and deleted former Subsection A and added new Subsection A.The 2009 amendment, effective June 19, 2009, in Subsections E and F, changed "ward" to "protected person".
NM Stat § 28-16B-6 (2021)
2021 New Mexico Statutes|Chapter 28 - Human Rights|Article 16B - Office of Guardianship|Section 28-16B-6 - Resolution of complaints.

A. The office of guardianship shall establish by rule for the filing, investigation and resolution of complaints about guardianship services provided by contractors. B. The office shall acknowledge receipt of the complaint, notify all parties involved and initiate an investigation within fifteen working days of the filing of the complaint. C. A determination shall be made and a decision rendered on the complaint within sixty working days unless mutually agreed upon by all parties or unless a shorter time is required to protect the protected person. D. The office may refer complaints to other agencies for investigation or prosecution, as appropriate. E. Complaints against the office or a staff member of the office shall be investigated by the human services department. History: Laws 2003, ch. 280, § 6; 2009, ch. 159, § 11. ANNOTATIONSCross references. — For the Department of Health Act, see Chapter 9, Article 7 NMSA 1978. The 2009 amendment, effective June 19, 2009, in Subsection C, changed "ward" to "protected person".
NM Stat § 28-16B-7 (2021)
2021 New Mexico Statutes|Chapter 28 - Human Rights|Article 16B - Office of Guardianship|Section 28-16B-7 - Office of guardianship fund; creation; appropriation.

A. The "office of guardianship fund" is created in the state treasury. All gifts, donations, bequests and interest income of the developmental disabilities planning council's office of guardianship shall be deposited by the executive director of the developmental disabilities planning council into the fund. The developmental disabilities planning council shall administer the fund, and money in the fund is appropriated to the office of guardianship to further the purposes of the Office of Guardianship Act. Income from investment of the fund shall be credited to the fund. Money in the fund shall be disbursed on warrants signed by the secretary of finance and administration pursuant to vouchers signed by the executive director of the developmental disabilities planning council or the executive director's authorized representative. B. Money in the office of guardianship fund shall not revert or be transferred to any other state fund at the end of any fiscal year and shall not be expended for any purpose except as provided in this section. History: Laws 2013, ch. 107, § 1. ANNOTATIONSEffective dates. — Laws 2013, ch. 107 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 14, 2013, 90 days after the adjournment of the legislature.
NM Stat § 28-16C-1 (2021)
2021 New Mexico Statutes|Chapter 28 - Human Rights|Article 16C - Special Education Ombud|Section 28-16C-1 - Short title.

Sections 1 through 11 [28-16C-1 to 28-16C-11 NMSA 1978] of this act may be cited as the "Special Education Ombud Act".History: Laws 2021, ch. 53, § 1. ANNOTATIONSEffective dates. — Laws 2021, ch. 53 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 18, 2021, 90 days after adjournment of the legislature.
NM Stat § 28-16C-2 (2021)
2021 New Mexico Statutes|Chapter 28 - Human Rights|Article 16C - Special Education Ombud|Section 28-16C-2 - Definitions.

As used in the Special Education Ombud Act:A. "council" means the developmental disabilities planning council;B. "office" means the office of the state special education ombud;C. "parent" includes a legal guardian or custodian who has custody and control of a student or an individual who has legal authority to make educational decisions on behalf of the student;D. "state ombud" means the state special education ombud; andE. "student" means a public school student receiving or seeking special education services.History: Laws 2021, ch. 53, § 2. ANNOTATIONSEffective dates. — Laws 2021, ch. 53 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 18, 2021, 90 days after adjournment of the legislature.
NM Stat § 28-16C-4 (2021)
2021 New Mexico Statutes|Chapter 28 - Human Rights|Article 16C - Special Education Ombud|Section 28-16C-4 - Annual report; contents.

No later than December 1 of each year, the office shall prepare a report that includes:A. actions taken by the office in the year for which the report is prepared;B. special education concerns identified by or on behalf of students and parents, resolution of the concerns and the effectiveness of the resolution processes;C. recommendations for improving the quality of special education services provided to students and protecting the educational rights of students; andD. policy, regulatory and legislative recommendations to solve identified concerns related to special education, to improve processes of resolutions of concerns, to improve the quality of services provided to students, to protect the educational rights of students and to remove barriers to education and educational services.History: Laws 2021, ch. 53, § 4. ANNOTATIONSEffective dates. — Laws 2021, ch. 53 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 18, 2021, 90 days after adjournment of the legislature.
NM Stat § 28-16C-5 (2021)
2021 New Mexico Statutes|Chapter 28 - Human Rights|Article 16C - Special Education Ombud|Section 28-16C-5 - Investigation and resolution of special education concerns.

The office shall identify, investigate and seek to resolve concerns related to special education communicated by or on behalf of students and parents. If the office does not address a concern, the office shall notify the concerned person of the decision not to address the concern and the reasons for the decision.History: Laws 2021, ch. 53, § 5. ANNOTATIONSEffective dates. — Laws 2021, ch. 53 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 18, 2021, 90 days after adjournment of the legislature.
NM Stat § 28-16C-6 (2021)
2021 New Mexico Statutes|Chapter 28 - Human Rights|Article 16C - Special Education Ombud|Section 28-16C-6 - Access to student educational records.

Upon request and with consent from the student or the student's parent, the office shall have access to the student's educational records from the public education department, a school district or a public school as necessary to carry out the office's responsibilities.History: Laws 2021, ch. 53, § 6. ANNOTATIONSEffective dates. — Laws 2021, ch. 53 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 18, 2021, 90 days after adjournment of the legislature.
NM Stat § 28-16C-7 (2021)
2021 New Mexico Statutes|Chapter 28 - Human Rights|Article 16C - Special Education Ombud|Section 28-16C-7 - Confidentiality of information.

A. All files and records maintained by the office that pertain to students are confidential and not subject to the provisions of the Inspection of Public Records Act [Chapter 14, Article 2 NMSA 1978]. The state ombud shall not disclose the identity of a concerned person or student about whom the office maintains files or records unless:(1) the concerned person, student or parent consents in writing to the disclosure;(2) the concerned person, student or parent gives oral consent that is documented immediately in writing by a representative of the office. If the student is unable to give oral consent, the student may give consent in any way that the student is able to, and the consent shall also be documented immediately in writing by a representative of the office; or(3) disclosure is ordered by a court.B. The annual report required pursuant to Section 4 [28-16C-4 NMSA 1978] of the Special Education Ombud Act may be based on confidential information and may be published or furnished to the public, but the report shall not identify individual students directly or indirectly nor violate the privileged or confidential nature of the relationship and communications between the student and the office.History: Laws 2021, ch. 53, § 7. ANNOTATIONSEffective dates. — Laws 2021, ch. 53 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 18, 2021, 90 days after adjournment of the legislature.
NM Stat § 28-16C-8 (2021)
2021 New Mexico Statutes|Chapter 28 - Human Rights|Article 16C - Special Education Ombud|Section 28-16C-8 - Conflict of interest.

The council shall ensure that:A. a person or an immediate family member of that person involved in the designation of an ombud does not have a conflict of interest;B. an employee or a contractor of the office or an immediate family member of the employee or contractor does not have a conflict of interest; andC. an ombud:(1) does not have an ownership or investment interest, represented by equity, debt or other financial relationship, in a public school providing special education services;(2) is not employed by, or participating in the management of, a public school providing special education services; and(3) does not receive, or have the right to receive, directly or indirectly, remuneration in cash or in kind under a compensation arrangement with a public school providing special education services.History: Laws 2021, ch. 53, § 8. ANNOTATIONSEffective dates. — Laws 2021, ch. 53 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 18, 2021, 90 days after adjournment of the legislature.
NM Stat § 28-16C-9 (2021)
2021 New Mexico Statutes|Chapter 28 - Human Rights|Article 16C - Special Education Ombud|Section 28-16C-9 - Posting and distribution of ombud information.

Every public school providing special education services shall post in a conspicuous location in the public school a notice regarding the office that contains a brief description of the services provided by the office and the name, address and phone number of the office and shall post it online on the public school's website, if applicable. The public school providing special education services shall distribute information regarding the state ombud at the beginning of every school year, in addition to providing the information as part of the annual individual education plan process prior to scheduling the first individual education plan meeting of each school year. The form of the notice shall be approved by the office.History: Laws 2021, ch. 53, § 9. ANNOTATIONSEffective dates. — Laws 2021, ch. 53 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 18, 2021, 90 days after adjournment of the legislature.
NM Stat § 28-16C-10 (2021)
2021 New Mexico Statutes|Chapter 28 - Human Rights|Article 16C - Special Education Ombud|Section 28-16C-10 - Availability of legal counsel to the office.

The council shall ensure that adequate legal counsel is available and is able, without conflict of interest, to:A. provide advice and consultation to the office needed to protect the educational rights of students; andB. assist the office and contractors in the performance of the official duties of the state ombud and representatives.History: Laws 2021, ch. 53, § 10. ANNOTATIONSEffective dates. — Laws 2021, ch. 53 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 18, 2021, 90 days after adjournment of the legislature.
NM Stat § 28-16C-11 (2021)
2021 New Mexico Statutes|Chapter 28 - Human Rights|Article 16C - Special Education Ombud|Section 28-16C-11 - Interference with the office and retaliation prohibited; potential actions for noncompliance.

A. A person shall not willfully interfere with the lawful actions of the office.B. A person shall not institute discriminatory, disciplinary or retaliatory action against any student or parent for filing a concern with, providing information to or otherwise cooperating with the office.C. If public school personnel or a contractor or volunteer of a school district or charter school fails to comply with the provisions of the Special Education Ombud Act:(1) the council shall report the noncompliance to the public education department;(2) the office shall collaborate with the public education department to access processes and resources to address special education services concerns; and (3) the office shall collaborate with the public education department to identify further appropriate actions to be taken in response to the report, which may include a corrective action plan or any other administrative action that the public education department is authorized to take to ensure that students receive the free and appropriate public education required by the Individuals with Disabilities Education Act and state law. The office shall provide a letter to the concerned person explaining the actions the public education department will take.History: Laws 2021, ch. 53, § 11. ANNOTATIONSCross references. — For the Individuals with Disabilities Education Act, see 20 USCS § 1400 et seq.Effective dates. — Laws 2021, ch. 53 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 18, 2021, 90 days after adjournment of the legislature.
NM Stat § 28-17-1 (2021)
2021 New Mexico Statutes|Chapter 28 - Human Rights|Article 17 - Long-Term Care Ombudsman|Section 28-17-1 - Short title.

Chapter 28, Article 17 NMSA 1978 may be cited as the "Long-Term Care Ombudsman Act". History: Laws 1989, ch. 208, § 1; 2017, ch. 81, § 1. ANNOTATIONSCross references. — For the Continuing Care Act, see Chapter 24, Article 17 NMSA 1978. The 2017 amendment, effective June 16, 2017, changed "Sections 1 through 19 of this act" to "Chapter 28, Article 17 NMSA 1978". Am. Jur. 2d, A.L.R. and C.J.S. references. — 40A Am. Jur. 2d Hospitals and Asylums § 39. Liability of nursing home for violating statutory duty to notify third party concerning patient's medical condition, 46 A.L.R.5th 821. 7 C.J.S. Asylums and Institutional Care Facilities §§ 5, 6, 14.
NM Stat § 28-17-2 (2021)
2021 New Mexico Statutes|Chapter 28 - Human Rights|Article 17 - Long-Term Care Ombudsman|Section 28-17-2 - Purpose.

The legislature recognizes that the state agency on aging [aging and long-term services department] pursuant to a grant from the federal government has established an office of the state long-term care ombudsman. The legislature declares that it is the public policy of this state to encourage community contact and involvement with patients, residents and clients of long-term care facilities. The legislature finds that in order to comply with the federal Older Americans Act and to effectively assist patients, residents and clients of long-term care facilities in the assertion of their civil and human rights, the structure, powers and duties of the office of the state long-term care ombudsman shall be specifically defined. History: Laws 1989, ch. 208, § 2. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Laws 2004, ch. 23, § 13 provided that all references to the "state agency on aging" be deemed references to the "aging and long-term services department". Cross references. — For the federal Older Americans Act, see 42 U.S.C. § 3001 et seq.
NM Stat § 28-17-5 (2021)
2021 New Mexico Statutes|Chapter 28 - Human Rights|Article 17 - Long-Term Care Ombudsman|Section 28-17-5 - Rule-making authority of director.

The director shall adopt and promulgate such reasonable rules and regulations as are deemed necessary to carry out the provisions of the Long-Term Care Ombudsman Act. Unless otherwise provided by statute, no regulation affecting any person or agency outside the office shall be adopted, amended or repealed without a public hearing on the proposed action before the director or a hearing officer designated by him. The public hearing shall be held in Santa Fe unless the public notice of hearing indicates otherwise. Notice of the subject matter of the regulation, the action proposed to be taken, the time and place of the hearing, the manner in which interested persons may present their views and the method by which copies of the proposed regulation may be obtained shall be published once at least thirty days prior to the hearing date in a newspaper of general circulation and mailed at least thirty days prior to the hearing date to all persons who have made a written request for advance notice of hearing. All rules and regulations shall be filed in accordance with the State Rules Act [Chapter 14, Article 4 NMSA 1978]. History: Laws 1989, ch. 208, § 5.