2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 27 - Family Representation and Advocacy › Section 32A-27-13 - Director; general duties and powers.

A. The director is responsible to the commission for the operation of the office. The director shall manage all operations of the office and shall:
(1) administer and carry out the provisions of the Family Representation and Advocacy Act;
(2) exercise authority over and provide general supervision of employees;
(3) oversee funding, including federal funding;
(4) administer and supervise contracts for attorneys and other employees; and
(5) represent and advocate for the office and its clients.
B. The director is granted every power express and implied that is necessary for the fulfillment of the director's duties, including authority to:
(1) set standards relating to:
(a) the minimum experience, training and qualifications for contract and staff attorneys for child welfare cases;
(b) monitoring and evaluating contract and staff attorneys and other contract and office staff, including attorneys appointed to cases to resolve conflicts of interest;
(c) managing caseloads and workloads, including load monitoring protocols for staff attorneys, contract attorneys, office staff and contract staff; and
(d) the competent and efficient representation of clients whose cases present conflicts of interest;
(2) exercise general supervisory authority over all employees of the office;
(3) delegate authority to subordinates as the director deems necessary and appropriate;
(4) employ and fix the compensation of persons necessary to discharge the director's duties and enter into contracts with private attorneys and law firms as necessary to carry out the provisions of the Family Representation and Advocacy Act;
(5) organize the office into units as the director deems necessary and appropriate to carry out the director's duties;
(6) develop and annually update a strategic plan with measurable goals and metrics;
(7) conduct research and studies that will improve the operation of the office and the administration of the Family Representation and Advocacy Act;
(8) provide courses of instruction and practical training for employees of the office that will improve the operation of the office and the administration of the Family Representation and Advocacy Act;
(9) purchase or lease property and lease real property for use of the office;
(10) maintain records and statistical data that reflect the operation and administration of the office, including a system that allows the office to:
(a) collect and analyze data on outcomes for children and families;
(b) maintain client confidentiality of information;
(c) evaluate the effectiveness of the office's programs and practices; and
(d) inform and guide continuous quality improvement;
(11) submit an annual report and budget for the operation of the office;
(12) formulate a fee schedule for attorneys or law firms who are not employees of the office but who serve as contracted counsel pursuant to the Family Representation and Advocacy Act;
(13) formulate a fee schedule for other contract staff who are not employees of the office but who serve clients pursuant to the Family Representation and Advocacy Act;
(14) establish a grievance procedure for clients represented by a staff attorney or contract attorney or served by office or contract staff;
(15) certify contracts and expenditures for litigation expenses, including contracts and expenditures for experts, investigators, witnesses and attorney contracts; and
(16) perform other duties as set forth by the commission.
History:
Laws 2022, ch. 51, § 13.
ANNOTATIONS
Compiler's notes.
— Laws 2022, ch. 51, § 13 was not enacted as part of the Children's Code, but was compiled there for the convenience of the user.
Effective dates.
— Laws 2022, ch. 51 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 18, 2022, 90 days after adjournment of the legislature.