reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 9 - EARLY CHILDHOOD EDUCATION AND CARE › Part 8 - REQUIREMENTS FOR FAMILY INFANT TODDLER EARLY INTERVENTION SERVICES › Section 8.9.8.14 - PROCEDURAL SAFEGUARDS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Procedural safeguards are the requirements set forth by IDEA, as amended, and
				established and implemented by the New Mexico early childhood education and
				care department that specify family's rights and protections relating to the
				provision of early intervention services and the process for resolving
				individual complaints related to services for a child and family. The family
				service coordinator at the first visit with the family shall provide the family
				with a written overview of these rights and shall also explain all the
				procedural safeguards.
B. The
				family service coordinator shall provide ongoing information and assistance to
				families regarding their rights throughout the period of the child's
				eligibility for services. The family service coordinator shall explain dispute
				resolution options available to families and early intervention provider
				agencies. A family service coordinator shall not otherwise assist the parent(s)
				with the dispute resolution process.
C.
Surrogate parent(s).
(1) A surrogate parent shall be assigned
				when:
(a) no parent can be
				identified;
(b) after reasonable
				efforts a parent cannot be located; and
(c) a child is a ward of the state or tribe
				and the foster parent is unable or unwilling to act as the parent in the IFSP
				process.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 10 - CHILD PROTECTIVE SERVICES › Part 2 - PROTECTIVE SERVICES INTAKE › Section 8.10.2.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Children, Youth and Families Department Act,
				  9-2A-7
				  D, NMSA 1978; New Mexico Children's Code, Section 32A-1-1, NMSA 1978 (2009 Cum.
				  Supp.)
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 10 - CHILD PROTECTIVE SERVICES › Part 2 - PROTECTIVE SERVICES INTAKE › Section 8.10.2.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
"Caregiver"
is an adult, parent, guardian or custodian in the
				household who provides care and supervision for the child.
B.
"Child abuse and neglect
				check"
is a review of the PSD family automated client tracking system,
				also known as FACTS, or another state's central abuse or neglect registry to
				determine if there have been any previous referrals on the family to this
				state's or any other state's child protective services division.
C.
"Child," "children" or
				"youth"
refers to a person who is one of the following:
(1) under the age of 18 years of age;
				or
(2) up to 21 years of age and
				participating in the extended foster care program.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 10 - CHILD PROTECTIVE SERVICES › Part 2 - PROTECTIVE SERVICES INTAKE › Section 8.10.2.8 - PURPOSE OF INTAKE SERVICES

Current through Register Vol. 35, No. 13, July 16, 2024
The purpose of child protective services intake is
				  to:
A. receive reports of alleged child
				abuse or neglect;
B. determine if
				the situation reported may constitute abuse or neglect as defined by the
				Children's Code, Subsection B of Section
				32A-4-2 and
				Subsection E of Section 32A-4 NMSA 1978;
C. determine if an investigation by PSD and a
				referral to another agency is warranted;
D. determine if a referral to the New Mexico
				family resource connection (NMFRC) program is warranted; and
E. receive reports of incidents involving
				children in placements and determine if such reports warrant an
				investigation.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 10 - CHILD PROTECTIVE SERVICES › Part 2 - PROTECTIVE SERVICES INTAKE › Section 8.10.2.9 - ELIGIBILITY

Current through Register Vol. 35, No. 13, July 16, 2024
A. Any child up to
				age 18, shall be eligible for protective services intake.
B. All individuals are required by the
				Children's Code, Section
				32A-4-3(A)
				NMSA 1978 to report suspected child abuse or neglect to SCI or law enforcement
				if they know, or have a reasonable suspicion a child has been abused or
				neglected.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 10 - CHILD PROTECTIVE SERVICES › Part 2 - PROTECTIVE SERVICES INTAKE › Section 8.10.2.10 - PROVISION OF INTAKE SERVICES

Current through Register Vol. 35, No. 13, July 16, 2024
A. PSD
				intake workers shall be available to receive reports of suspected child abuse
				or neglect 24 hours a day, seven days a week, including reports involving
				suspected abuse or neglect of children in in PSD custody.
B. PSD intake workers shall accept reports
				from individuals wishing to remain anonymous.
C. Intake services shall be conducted by CYFD
				employees designated as PSD intake workers.
D. PSD intake workers shall collect
				sufficient information from the reporter in order to make a screening
				decision.
E. PSD intake workers
				shall assign a priority to screened-in reports as outlined in
				8.10.2.13
				NMAC.
F. PSD intake supervisors
				shall review all screening and prioritization decisions.
G. Once approved by the PSD intake
				supervisor, the intake worker shall assign screened-in, prioritized reports to
				the appropriate county office for investigation within the timelines
				established by PSD.
H. Designated
				PSD intake workers may complete a national crime information center (NCIC)
				check on alleged perpetrators of child abuse or neglect.
I. PSD intake workers shall send all screend
				out reports to the New Mexico family resource connection (NMFRC)
				supervisor.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 10 - CHILD PROTECTIVE SERVICES › Part 2 - PROTECTIVE SERVICES INTAKE › Section 8.10.2.11 - PROTECTION OF THE IDENTITY OF REPORT SOURCES

Current through Register Vol. 35, No. 13, July 16, 2024
PSD workers shall ask the reporting source if they wish to
				  remain anonymous. If so, the reporter's name shall be entered as anonymous and
				  PSD shall protect the identity or identifying information of reporting sources
				  and shall not disclose the reporter's identity, absent the consent of the
				  reporter or a court order.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 10 - CHILD PROTECTIVE SERVICES › Part 2 - PROTECTIVE SERVICES INTAKE › Section 8.10.2.12 - INTAKE SCREENING DECISION

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				PSD intake workers make screening decisions on all reports received. Screening
				decisions shall be made on all reports within established time frames. All
				screening decisions are staffed with an intake supervisor.
B. PSD intake workers shall use information
				received from the reporting source, information from collateral contacts as
				available, and results of the abuse and neglect check to assist in making the
				intake screening decision.
C. PSD
				intake workers utilize the New Mexico safety tool to determine the priority of
				the screened-in report.
D. PSD
				intake workers shall ask the reporting source for contact information and shall
				inform the reporting source of the intake screening decision, if requested by
				the reporting source.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 10 - CHILD PROTECTIVE SERVICES › Part 2 - PROTECTIVE SERVICES INTAKE › Section 8.10.2.13 - PRIORITIZATION

Current through Register Vol. 35, No. 13, July 16, 2024
Intake workers shall prioritize accepted reports as
				  follows:
A. Emergency report (E): A
				report alleging a danger indicator involving a vulnerable child, including but
				not limited to an abandoned infant or child, any physical injury to an infant,
				a potentially life threatening situation, recent sexual abuse, a law
				enforcement request for immediate response, and recent serious trauma, such as
				a head injury, burns, or broken bones. An emergency report requires an
				investigation be initiated within three hours of the SCI supervisor's screening
				decision.
B. Priority one report
				(P1): A report alleging physical injury involving a vulnerable child who is in
				a safe environment at the time of the report, or a report alleging a danger
				indicator involving a vulnerable child but where the alleged perpetrator will
				not have access to the child for the next 24 hours. A priority one report
				requires an investigation be initiated within 24 hours of the SCI supervisor's
				screening decision.
C. Priority two
				report (P2): A report alleging danger indicators involving a vulnerable child
				with no immediate concern for the child's safety. This may include, but is not
				limited to, alleged physical abuse with no indication of injury or alleged
				abuse or neglect where the alleged perpetrator no longer has access to the
				child or a protective parent guardian or custodian has already intervened. A
				priority two report requires an investigation be initiated within five calendar
				days of the SCI supervisor's screening decision.
D. Custody of a safe haven infant: When SCI
				receives a report that an infant has been left under the provision of the Safe
				Haven Act at a safe haven site, as defined above at
				8.10.2.7 NMAC, the
				children, youth and families department through its protective services
				division is deemed to have emergency custody of that infant. Law enforcement is
				not notified and a law enforcement investigation or 48 hour hold is not
				required.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 10 - CHILD PROTECTIVE SERVICES › Part 2 - PROTECTIVE SERVICES INTAKE › Section 8.10.2.14 - CROSS REPORTING AND NOTIFICATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. PSD intake workers shall cross report all
				reports to the appropriate law enforcement agency pursuant to the New Mexico
				Children's Code Section
				32A-4-3(B)
				NMSA 1978.
B. When the alleged
				perpetrator of abuse or neglect is not a parent, guardian or custodian, the PSD
				worker shall collect the information from the reporting source and informs them
				that they will refer the allegation to the appropriate local law enforcement
				agency.
C. When the report received
				involves an Indian child on a reservation or pueblo, PSD intake workers shall
				immediately transmit the information to the appropriate tribal authority, such
				as tribal law enforcement or tribal social services.
D. When SCI receives a report alleging abuse
				or neglect of a child residing in a facility, or a child not in custody
				residing outside of their home, the intake worker shall screen out the report
				and email the report to the CYFD licensing and certification authority and to
				the CYFD office of inspector general.
E. When the PSD intake worker receives a
				report that meets a screened-out criteria, they shall send the report to the
				New Mexico family resource connection program for further evaluation.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 10 - CHILD PROTECTIVE SERVICES › Part 2 - PROTECTIVE SERVICES INTAKE › Section 8.10.2.15 - HIGH PROFILE CASE, SERIOUS INJURY AND CHILD FATALITIES

Current through Register Vol. 35, No. 13, July 16, 2024
SCI shall initiate an internal notification protocol within
				  CYFD when a SCI supervisor has determined a report involves a serious injury,
				  child fatality or may be a high profile case.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 10 - CHILD PROTECTIVE SERVICES › Part 2 - PROTECTIVE SERVICES INTAKE › Section 8.10.2.16 - DOCUMENTATION REQUIREMENTS FOR INTAKE

Current through Register Vol. 35, No. 13, July 16, 2024
A. PSD intake workers shall make a record of
				all reports received regarding alleged child abuse or neglect.
B. PSD shall maintain records of all reports
				as follows:
(1) Screened out reports shall be
				maintained for one year after date of last activity concerning client, as
				required by Subsection D of
				1.18.690.31
				NMAC.
(2) Accepted reports shall be
				maintained as part of the investigation case record for 18 years after case
				closure, as required by Paragraph (2) of Subsection D of
				1.18.690.30
				NMAC.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 10 - CHILD PROTECTIVE SERVICES › Part 2 - PROTECTIVE SERVICES INTAKE › Section 8.10.2.17 - NEW MEXICO FAMILY RESOURCE CONNECTIONS (NMFRC) PROCESS

Current through Register Vol. 35, No. 13, July 16, 2024
If a report alleging abuse or neglect meets the criteria
				  established pursuant to section
				  32A-4-4.1
				  NMSA 1978, the department shall refer the case to the New Mexico family
				  resource connection (NMFRC) program. The New Mexico family resource connection
				  is a 30 day program within statewide central intake (SCI) that assists in
				  coordinating prevention services to families who do not meet an investigation
				  criteria. All screened out reports shall be referred to the NMFRC program. This
				  program may include an alternative to investigation upon completion of an
				  evaluation that may be completed at intake by the department, the results of
				  which indicate there is no immediate concern for the child's safety.
A. The department may remove a case from the
				NMRC program if there are any danger indicators identified that place the child
				in immediate danger. Conversely, the department may reassign a case from
				investigations to the NMFRC program, at the department's discretion.
B. Each family participating in the NMFRC
				shall receive a family assessment. Based on the results of the assessment, the
				department may offer or provide referrals for service. A family member may
				choose to accept or decline any services or programs offered through the NMFRC
				program.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 10 - CHILD PROTECTIVE SERVICES › Part 2 - PROTECTIVE SERVICES INTAKE › Section 8.10.2.18 - REACH NEW MEXICO CHILD AND YOUTH TEXTING PROGRAM

Current through Register Vol. 35, No. 13, July 16, 2024
REACH New Mexico is a PSD confidential texting program
				  available for all children and youth residing in the state of New Mexico. REACH
				  NM is a program held within the statewide central intake division. The texting
				  program allows for any child or youth in New Mexico to safely report to PSD if
				  they are the victim of abuse or neglect in their household. A REACH worker
				  shall engage in a text conversation with the child or youth to obtain
				  information and provide support to the youth. After obtaining all of the
				  information, the REACH worker shall either make a SCI report or refer the child
				  or youth to the New Mexico family resource connections (NMFRC)
				  program.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 10 - CHILD PROTECTIVE SERVICES › Part 3 - PROTECTIVE SERVICES INVESTIGATION › Section 8.10.3.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Children, Youth and Families Department Act, Section
				  9-2A-7
				  D, NMSA 1978; New Mexico Children's Code, Section 32A-1-1, NMSA 1978 (2009 Cum.
				  Supp.)
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 10 - CHILD PROTECTIVE SERVICES › Part 3 - PROTECTIVE SERVICES INVESTIGATION › Section 8.10.3.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
To establish guidelines for the investigation and disposition
				  of cases of alleged abuse and neglect of children by their parent, guardian,
				  custodian, other household members, or resource family.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 10 - CHILD PROTECTIVE SERVICES › Part 3 - PROTECTIVE SERVICES INVESTIGATION › Section 8.10.3.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
"Abandonment"
as defined in the Children's Code, Section
				32A-4-2(A)
				NMSA 1978, includes instances when the parent, without justifiable cause:
(1) left the child without provision for the
				child's identification for a period of 14 days; or
(2) left the child with other, including the
				other parent or an agency, without provision for support and without
				communication for a period of:
(a) three
				months if the child was under six years of age at the commencement of the three
				month period; or
(b) six months if
				the child was over six years of age at the commencement of the six month
				period.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 10 - CHILD PROTECTIVE SERVICES › Part 3 - PROTECTIVE SERVICES INVESTIGATION › Section 8.10.3.8 - PURPOSE OF CHILD PROTECTIVE SERVICES INVESTIGATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. The purpose of protective services
				investigation is to assess safety of children who are the subjects of reports
				of alleged abuse or neglect by:
(1)
				collecting and assessing information to determine whether the alleged child
				abuse or neglect occurred;
(2)
				determining whether any child in the home is vulnerable to danger
				indicators;
(3) assessing the
				parent, guardian or custodian safety planning capacities; and
(4) determining the need for additional
				services.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 10 - CHILD PROTECTIVE SERVICES › Part 3 - PROTECTIVE SERVICES INVESTIGATION › Section 8.10.3.9 - ASSIGNMENT AND INITIATION OF INVESTIGATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. Every accepted report concerning alleged
				child abuse or neglect shall be assigned for investigation according to the
				investigation priority as determined by statewide central intake
				(SCI).
B. Investigation priority:
				The PSD worker shall initiate the investigation within the time frames
				established by PSD as follows:
(1) An
				emergency report requires an investigation be initiated within three hours of
				the SCI supervisor's screening decision.
(2) A priority one report requires an
				investigation be initiated within 24 hours of the SCI supervisor's screening
				decision.
(3) A priority two report
				requires an investigation be initiated within five calendar days of the SCI
				supervisor's screening decision.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 10 - CHILD PROTECTIVE SERVICES › Part 3 - PROTECTIVE SERVICES INVESTIGATION › Section 8.10.3.10 - INVESTIGATION REQUIREMENTS - GENERAL

Current through Register Vol. 35, No. 13, July 16, 2024
A. The safety of the child is the overriding
				concern throughout the casework relationship with the family. If the safety of
				the child is ever in conflict with the preservation of a family unit, the
				child's need for protection always takes precedence. PSD shall request
				immediate assistance from law enforcement if necessary to assess and secure the
				safety of the child.
B. The PSD
				worker shall conduct the investigation in a manner that protects the privacy of
				the child and family.
C. The PSD
				worker shall make efforts to engage the family in the investigation and
				assessment process to gather the information required to identify the danger
				indicators, child vulnerabilities, safety planning capacities and ongoing risks
				to the child.
D. The PSD worker
				shall interview collateral contacts during the investigation.
E. The PSD worker shall visit the home during
				an investigation. This requirement may be waived in specific circumstances that
				include but are not limited to:
(1) the
				parent, guardian or custodian refuses the worker entrance;
(2) the home has been determined to be unsafe
				by law enforcement or public health; or
(3) the family is homeless.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 10 - CHILD PROTECTIVE SERVICES › Part 3 - PROTECTIVE SERVICES INVESTIGATION › Section 8.10.3.11 - INVESTIGATION REQUIREMENTS - CHILD VICTIM AND OTHER CHILDREN

Current through Register Vol. 35, No. 13, July 16, 2024
A. The PSD worker shall interview and observe
				the alleged child victim and all other children in the household during the
				investigation. A parent, guardian or custodian may refuse the PSD worker
				permission to interview or observe the child. If access is denied, the PSD
				worker shall determine whether it is necessary to contact law enforcement or
				obtain a court order to ensure the safety of the child. The following applies
				based on the site at which the interview will take place.
(1) Interviews at home: Children contacted at
				home shall be interviewed only with the permission of the parent, guardian or
				custodian.
(2) Interviews at public
				schools: Public schools are required by the Children's Code, Section 32A-4-5(C)
				NMSA 1978, to permit the PSD worker to interview children involved in a PSD
				investigation without obtaining the permission of the parent of
				guardian.
(3) Interviews at private
				schools or in childcare homes and facilities:
(a) a private school or childcare home or
				facility may deny permission for the PSD worker to interview the child on the
				facility grounds, and
(b) if
				permission is denied by the private school or childcare home and by the parent,
				guardian or custodian and exigent circumstances are believed to exist, PSD
				shall determine whether to contact law enforcement or obtain a court
				order.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 10 - CHILD PROTECTIVE SERVICES › Part 3 - PROTECTIVE SERVICES INVESTIGATION › Section 8.10.3.12 - INVESTIGATION REQUIREMENTS - PARENTS GUARDIANS AND CUSTODIANS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The PSD worker
				shall notify the parent, guardian or custodian of the interview with the child
				in advance of the interview unless the worker has determined that notification
				could adversely affect the safety of the child about whom the report has been
				made or compromise the investigation.
B. If the PSD worker determines that
				notification could adversely affect the safety of the child or compromise the
				investigation, the worker may interview a child without prior notification to
				the parent, guardian, or custodian. In this situation, the PSD worker shall
				notify the parents, guardians or custodians of the interview within 24
				hours.
C. The PSD worker shall
				identify all legal guardians of the child.
D. The PSD worker shall interview the parent,
				guardian or custodian and collateral contacts or witnesses during the
				investigation.
E. At the time of
				initial contact with the parents, guardian, custodian or alleged perpetrator
				the PSD worker shall inform them of the reported allegations in a manner
				consistent with laws protecting the rights of the reporter.
F. At the beginning of the investigation, or
				prior to beginning an interview with the parent, guardian, or custodian, the
				PSD worker shall inform the parents, guardians or custodian of the following:
(1) that prior to filing an abuse and neglect
				petition any PSD interaction with the parents, guardians, or custodians is
				voluntary;
(2) that PSD has
				received a report alleging child abuse or neglect and the nature of the
				allegations;
(3) that PSD is
				required by law to conduct an investigation of screened-in reports;
(4) that only law enforcement can remove a
				child who is not in PSD custody, if necessary to protect the child's health and
				safety, unless the district court issues an ex parte order allowing PSD to
				remove the child;
(5) that the
				investigation findings, decision, and disposition are confidential in
				accordance with the Children's Code, Section
				32A-4-33
				NMSA 1978;
(6) that information
				concerning the report and investigation has been entered into FACTS;
(7) that other people may be interviewed in
				order to complete the investigation; and
(8) children age 14 and older may consent to
				an interview away from the home even when the parent does not
				consent.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 10 - CHILD PROTECTIVE SERVICES › Part 3 - PROTECTIVE SERVICES INVESTIGATION › Section 8.10.3.13 - ALLEGATIONS OF ABUSE OR NEGLECT IN FACILITIES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Law enforcement shall be responsible for
				conducting investigations of child abuse or neglect in schools, facilities and
				child care homes or centers. Upon request from law enforcement, PSD shall
				assist in the investigation.
B.
				When PSD is notified of any allegations in a school, facility or child care
				home or center in which a child in PSD custody is placed or receiving services:
(1) if the alleged victim is a child in PSD
				custody, PSD shall conduct an assessment of that child's safety and well-being;
				or
(2) if the alleged victim is not
				a child in PSD custody, PSD may, at its discretion, conduct an assessment of
				the safety and well-being of any children in PSD custody placed or receiving
				services there.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 10 - CHILD PROTECTIVE SERVICES › Part 3 - PROTECTIVE SERVICES INVESTIGATION › Section 8.10.3.14 - ALLEGATIONS OF ABUSE OR NEGLECT IN RESOURCE FAMILY HOME, TREATMENT FOSTER HOME, OR PRE-ADOPTIVE HOME

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				PSD shall investigate abuse or neglect allegations involving a PSD licensed
				resource family home, treatment foster home, or pre-adoptive home.
B. PSD shall notify law enforcement and
				coordinate the investigation with law enforcement when law enforcement is
				involved.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 10 - CHILD PROTECTIVE SERVICES › Part 3 - PROTECTIVE SERVICES INVESTIGATION › Section 8.10.3.15 - INVESTIGATIONS INVOLVING INDIAN CHILDREN

Current through Register Vol. 35, No. 13, July 16, 2024
A. PSD shall investigate allegations of child
				abuse or neglect involving Indian children who reside off the reservation or
				pueblo.
B. PSD may assist in the
				investigation of allegations of child abuse or neglect involving children who
				reside on the reservation or pueblo, if requested by the Indian tribal
				government.
C. PSD shall make
				efforts to determine if the child who is subject of an investigation is an
				Indian child.
D. PSD shall notify
				the appropriate tribal authority of any investigations involving Indian
				children.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 10 - CHILD PROTECTIVE SERVICES › Part 3 - PROTECTIVE SERVICES INVESTIGATION › Section 8.10.3.16 - SEEKING OR ACCEPTING CUSTODY OF CHILDREN, INCLUDING INDIAN CHILDREN

Current through Register Vol. 35, No. 13, July 16, 2024
A. PSD shall make
				reasonable efforts to maintain the family unit and prevent the removal of a
				child from their home, as long as the child's safety is assured.
B. If temporary out-of-home placement is
				necessary to ensure the immediate safety of the child, PSD shall make
				reasonable efforts to effect the safe reunification of the child and
				family.
C. PSD shall seek custody
				of Indian children who are domiciled or residing off-reservation when continued
				custody of the child by the parent, guardian or custodian or Indian custodian
				is likely to result in serious emotional or physical harm to the
				child.
D. An Indian child who is
				domiciled on the reservation but temporarily located off the reservation may be
				removed by law enforcement from his parent, guardian or custodian in order to
				prevent imminent physical harm to the child. PSD shall notify the tribe as soon
				as possible and facilitates a transfer of the case to the tribe.
E. PSD shall notify the parent, guardian or
				custodian that their child is in custody within 24 hours of the child being
				taken into custody.
F. PSD shall
				make reasonable efforts to identify, locate and notify appropriate relatives or
				fictive kin for consideration of placement of a child in custody who requires
				out of home placement.
G. When a
				law enforcement agency seeks to place a child in the custody of PSD, then the
				PSD worker shall obtain a statement of reasonable grounds for temporary
				protective services division custody from the law enforcement officer making
				the request.
H. When SCI receives a
				report that an infant has been left under the provisions of the Safe Haven for
				Infants Act, the children, youth and families department through its protective
				services division shall be deemed to have emergency custody of that infant. A
				law enforcement investigation and 48 hour hold is not required.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 10 - CHILD PROTECTIVE SERVICES › Part 3 - PROTECTIVE SERVICES INVESTIGATION › Section 8.10.3.17 - COMPLETION OF AN INVESTIGATION AND INVESTIGATION DECISION

Current through Register Vol. 35, No. 13, July 16, 2024
A. The PSD worker shall complete the
				investigation and decide whether the report's allegations of abuse or neglect
				are substantiated or unsubstantiated within 45 days of SCI accepting the report
				for investigation, unless an extension is approved by the supervisor.
				Extensions are not to exceed an additional 30 days after the original 45 days
				have passed. Completion of the investigation includes, but is not limited to
				making the investigation decision, determining the investigation disposition
				and completing, sending out the notice of results of the investigation letter
				to the parent or guardian and completing all documentation in FACTS.
(1)
Substantiated report:
an
				allegation of child abuse or neglect in which a parent, guardian, resource
				family, pre-adoptive parent or treatment foster care parent has been identified
				as the perpetrator or as failing to protect the child and credible evidence
				exists to support the investigation worker's conclusion that the child has been
				abused or neglected, as defined in the Children's Code. Credible evidence upon
				which to base a finding of substantiation may include, but is not limited to:
(a) admission by the parent, guardian or
				custodian;
(b) physical
				evidence;
(c) collateral or witness
				statements and observations;
(d) a
				child's disclosure; or
(e) the
				investigation worker's observations.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 10 - CHILD PROTECTIVE SERVICES › Part 3 - PROTECTIVE SERVICES INVESTIGATION › Section 8.10.3.18 - FAMILIES WITH MORE THAN TWO INVESTIGATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
Any family that has been subject to a PSD abuse or neglect
				  investigation, regardless of the decision to substantiate or un-substantiate,
				  shall receive a higher level of case review upon the family's third instance of
				  being investigated by PSD for alleged child abuse or neglect.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 10 - CHILD PROTECTIVE SERVICES › Part 3 - PROTECTIVE SERVICES INVESTIGATION › Section 8.10.3.19 - INVESTIGATION DISPOSITION

Current through Register Vol. 35, No. 13, July 16, 2024
A. PSD
				shall make an investigation disposition within 45 days of SCI accepting the
				report in every investigation PSD conducts, unless an extension is approved by
				the supervisor. Extensions are not to exceed an additional 30 days after the
				original 45 days have passed.
B.
				PSD shall determine the disposition of the investigation based upon the safety
				decision and whether a safety plan is required, the family's willingness to
				participate in services, and the assessment of risk.
C. Disposition options may include, but are
				not limited to closing the case, referring the family to community providers,
				providing in-home services (IHS), or referring the case to PSD legal for
				possible legal action.
D. PSD shall
				document the investigation disposition in FACTS and include the investigation
				disposition in the notice of results of investigation letter sent to the parent
				guardian or custodian.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 10 - CHILD PROTECTIVE SERVICES › Part 3 - PROTECTIVE SERVICES INVESTIGATION › Section 8.10.3.20 - CHILD FATALITY INVESTIGATION WITH NO OTHER CHILDREN IN THE HOME

Current through Register Vol. 35, No. 13, July 16, 2024
PSD shall conduct an investigation of alleged child abuse or
				  neglect resulting in a child fatality when there are no other remaining
				  children residing in the home.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 10 - CHILD PROTECTIVE SERVICES › Part 3 - PROTECTIVE SERVICES INVESTIGATION › Section 8.10.3.21 - DOCUMENTATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. PSD shall
				document investigation assignments and requirements, as described herein at
				8.10.3.9, 8.10.3.10, 8.10.3.11, and
				8.10.3.12
				NMAC, and shall document the investigation decision, disposition and notice of
				results of the investigation letter in FACTS as described herein at
				8.10.3.17
				and
				8.10.3.19
				NMAC.
B. PSD shall document
				reasonable efforts made to prevent removal of a child from the home and efforts
				to reunify the child if removal was required during the investigation.
				Documentation shall be included in the case record and in the affidavit for
				custody.
C. All information
				obtained by PSD in an abuse and neglect investigation is confidential and may
				not be publically released. (See Protective Services General Policies,
				Subsection A of
				8.8.2.15
				NMAC).
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 10 - CHILD PROTECTIVE SERVICES › Part 3 - PROTECTIVE SERVICES INVESTIGATION › Section 8.10.3.22 - NOTIFICATION OF THE INVESTIGATIVE DECISION AND RIGHT TO ADMINISTRATIVE REVIEW AND ADMINISTRATIVE HEARING

Current through Register Vol. 35, No. 13, July 16, 2024
A. The PSD worker shall provide parents,
				guardians, resource families, pre-adoptive parents and treatment foster parents
				who were the subject of the investigation the notice of results of the
				investigation letter. The PSD worker shall send the notice of the results of
				the investigation letter within the 45 day time frame, or with a possible 30
				day extension. (See above at Subsection A of
				8.10.3.17
				NMAC).
B. The PSD worker shall
				notify parents, guardians, resource families, pre-adoptive parents and
				treatment foster parents who were the subject of a substantiated investigation,
				which is not the subject of a pending children's court case, in writing that
				the decision to substantiate the investigation may be reviewed through PSD's
				administrative review process. A client seeking an administrative review shall
				request the review in writing to PSD within 10 days of the action or notice of
				the proposed action.
C. If the
				investigation decision is upheld after being reviewed through PSD's
				administrative review process, then PSD shall send a formal letter to the
				parent, guardian, resource family, pre-adoptive parent or treatment foster
				parent, who was the subject of the investigation, notifying them of the
				decision to uphold the substantiation and that the upheld decision may be
				reviewed through CYFD's administrative hearing process. The parent, guardian,
				resource family, pre-adoptive parent or treatment foster parent shall request
				an administrative hearing in writing to the PSD director's office within 10
				days of of the action.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 10 - CHILD PROTECTIVE SERVICES › Part 3 - PROTECTIVE SERVICES INVESTIGATION › Section 8.10.3.23 - CHILD PROTECTIVE SERVICES CHILDCARE DURING THE CPS INVESTIGATION

Current through Register Vol. 35, No. 13, July 16, 2024
The PSD worker may offer child protective services childcare
				  during an open investigation as part of an in home safety plan created for the
				  child. Child protective services childcare may be provided during the
				  investigation within the 45 day time frame, or with possibility of a 30 day
				  extension, given to complete the investigation. (See above at Subsection A of
				  8.10.3.17
				  NMAC.)
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 10 - CHILD PROTECTIVE SERVICES › Part 5 - COMPREHENSIVE ADDICTIONS AND RECOVERY ACT (CARA) GUIDELINES › Section 8.10.5.1 - ISSUING AGNECY

Current through Register Vol. 35, No. 13, July 16, 2024
Children, Youth and Families Department (CYFD), Protective
				  Services Division (PSD)
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 10 - CHILD PROTECTIVE SERVICES › Part 5 - COMPREHENSIVE ADDICTIONS AND RECOVERY ACT (CARA) GUIDELINES › Section 8.10.5.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
Protective services employees, New Mexico managed care
				  organizations (MCO's), private insurance, children's medical services (CMS),
				  New Mexico primary care offices, hospitals, supportive services providers, and
				  substance exposed infants and their caregivers.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 10 - CHILD PROTECTIVE SERVICES › Part 5 - COMPREHENSIVE ADDICTIONS AND RECOVERY ACT (CARA) GUIDELINES › Section 8.10.5.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Children, Youth and Families Department Act, Subsection D of
				  Section
				  9-2A-7,
				  NMSA 1978.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 10 - CHILD PROTECTIVE SERVICES › Part 5 - COMPREHENSIVE ADDICTIONS AND RECOVERY ACT (CARA) GUIDELINES › Section 8.10.5.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
2/22/2022, unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 10 - CHILD PROTECTIVE SERVICES › Part 5 - COMPREHENSIVE ADDICTIONS AND RECOVERY ACT (CARA) GUIDELINES › Section 8.10.5.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
To establish guidelines for protective services division
				  (PSD) staff, managed care organizations (MCOs), care coordinators, and other
				  professionals who come into contact, or are working with, substance exposed
				  infants and their caregivers to provide comprehensive plans of care and support
				  to ensure the safety and wellbeing of the family.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 10 - CHILD PROTECTIVE SERVICES › Part 5 - COMPREHENSIVE ADDICTIONS AND RECOVERY ACT (CARA) GUIDELINES › Section 8.10.5.8 - NOTIFICATION OF NEWBORN WITH SUBSTANCE EXPOSURE

Current through Register Vol. 35, No. 13, July 16, 2024
A. In accordance with Subsection H of Section
				32A-4-3
				NMSA 1978, when a newborn in New Mexico has been identified with substance
				exposure, as evidenced by toxicology results of the newborn or mother, or when
				a caregiver discloses substance use during the pregnancy, written notification
				shall be provided to CYFD and NMDOH by the newborn's healthcare provider prior
				to the newborn's discharge from the healthcare facility, or as soon as the
				exposure is identified if it occurs following the newborn's discharge. The
				notification of newborn substance exposure is documented in one of the
				following ways:
(1) submission of a CARA plan
				of care for the newborn and family; or
(2) submission of the notification of CARA
				newborn status form which documents that:
(a)
				substance exposure was identified by cord/meconium toxicology screening and the
				newborn was discharged from the health care facility before the family was
				informed;
(b) the newborn with
				substance exposure has transferred to a healthcare facility for a higher level
				of care; or
(c) the caregiver of
				the newborn with substance exposure has refused a CARA plan of care. Families
				shall be informed that they may request a referral for services at a later
				time, even if they have declined these services, by communicating with their
				health insurance care coordinator or the CARA navigator, whose contact
				information shall be provided by the health care
				provider.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 10 - CHILD PROTECTIVE SERVICES › Part 5 - COMPREHENSIVE ADDICTIONS AND RECOVERY ACT (CARA) GUIDELINES › Section 8.10.5.10 - ROLES AND RESPONSIBILITIES OF DIFFERENT ENTITIES INVOLVED WITH THE PLAN OF CARE

Current through Register Vol. 35, No. 13, July 16, 2024
A. Children
				youth and families department (CYFD):
(1)
				Protective services division (PSD) statewide central intake (SCI): SCI shall
				complete the following with every hospital provider or call that involves a
				substance exposed newborn:
(a) Ask the
				reporter if a POC has been created and if there are any concerns for abuse or
				neglect of the child;
(b) Ask the
				reporter if the child is an Indian child or if the family is a member of any
				Tribe. If the child is an Indian child, then SCI cross reports with the
				identified Tribal social services/Indian Child Welfare Act (ICWA) coordinator
				and notifies the CARA navigator. If the child is an Indian child, then the POC
				is jointly created with the Tribal social services/ICWA coordinator;
(c) Explain to the provider that if there are
				concerns any time during the POC or if families disengage from services, the
				provider may make a report with SCI or consult the CARA navigators to determine
				next steps. If a family disengages, SCI will utilize their screening tool to
				further assess if an investigation is needed;
(d) Inform reporters that investigators
				receive a copy of the POC for families that have open CYFD investigations. If a
				POC does not exist on an open investigation, SCI shall notify the CARA
				navigators; and
(e) Inform
				providers that a SCI report shall be screened in by CYFD only if there is an
				immediate concern for abuse and neglect. The report shall not be screened in
				solely on the basis that a parent used substances during pregnancy.
(f) When a SCI supervisor reviews a report
				involving a CARA POC, they may decide between three different screening options
				depending on the reported information:
(i)
				Screen-out: The SCI supervisor may screen out the report when there is not
				enough information that warrants an investigation.
(ii) Screen-in: The SCI supervisor may screen
				in the report when there are concerning behaviors or information that warrant
				an investigation for abuse or neglect.
(iii) Family resource connection (FRC)
				referral: The SCI supervisor may refer the report to the family resource
				connections program if the report does not warrant an investigation, however
				the caregivers may benefit from referrals to services within their
				community.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 10 - CHILD PROTECTIVE SERVICES › Part 5 - COMPREHENSIVE ADDICTIONS AND RECOVERY ACT (CARA) GUIDELINES › Section 8.10.5.11 - TIMELINE FOR ASSIGNMENT OF CC AT MCO AND PRIVATE INSURER LEVEL AND NEWBORN'S PCP

Current through Register Vol. 35, No. 13, July 16, 2024
A. Caregivers
				and the newborn shall have an assigned CC prior to the newborns discharge or
				within 24 to 48 hours after notification to the MCO or private insurer.
				Caregivers and newborn shall have the same CC when possible.
B. Caregivers shall identify a PCP and
				schedule appointments for the newborn prior to discharge from the hospital or
				within 24 hours of discharge.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 10 - CHILD PROTECTIVE SERVICES › Part 5 - COMPREHENSIVE ADDICTIONS AND RECOVERY ACT (CARA) GUIDELINES › Section 8.10.5.12 - DISENGAGEMENT FROM SERVICES BY CAREGIVERS

Current through Register Vol. 35, No. 13, July 16, 2024
If after the POC is in place, the family disengages in
				  services, the CC contacts the CARA navigators and shall follow internal
				  processes regarding a report to SCI. SCI shall perform an assessment to
				  determine if the disengagement warrants a CYFD investigation.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 10 - CHILD PROTECTIVE SERVICES › Part 5 - COMPREHENSIVE ADDICTIONS AND RECOVERY ACT (CARA) GUIDELINES › Section 8.10.5.13 - NON-COMPLIANCE BY PROVIDERS

Current through Register Vol. 35, No. 13, July 16, 2024
A. If a
				hospital, birthing center, medical professional, MCO, private insurer or other
				provider is found by the CARA navigators to be out of compliance with the CARA
				rules, CYFD shall inform the oversight agency of that entity to ensure
				compliance is ensured.
B. Hospitals
				and birthing centers shall be considered out of compliance if a newborn is born
				with a positive substance and the hospital fails to create and submit a POC or
				fails to submit a notification of CARA newborn status form as required in the
				event of a transfer of the newborn, a delayed positive identification of
				substance exposure (after the newborn has been discharged), or when the family
				declines the POC.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 10 - CHILD PROTECTIVE SERVICES › Part 6 - IN-HOME SERVICES › Section 8.10.6.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Children, Youth and Families Department Act, Subsection D of
				  9-2A-7
				  NMSA 1978; New Mexico Children's Code, Section 32A-1-1 NMSA 1978.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 10 - CHILD PROTECTIVE SERVICES › Part 6 - IN-HOME SERVICES › Section 8.10.6.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
To establish guidelines for the provision of in-home services
				  to families at high or moderate risk, or with a child under the age of three,
				  to reduce risk of maltreatment and to promote the continued safety of
				  children.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 10 - CHILD PROTECTIVE SERVICES › Part 6 - IN-HOME SERVICES › Section 8.10.6.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
"Abused
				child"
as defined in the Children's Code, Subsection B of 32A-4-2 NMSA
				1978, means a child:
(1) who has suffered or
				who is at risk of suffering serious harm because of the action or inaction of
				the child's parent, guardian or custodian;
(2) who has suffered physical abuse,
				emotional abuse or psychological abuse inflicted or caused by the child's
				parent, guardian or custodian;
(3)
				who has suffered sexual abuse or sexual exploitation inflicted by the child's
				parent, guardian or custodian;
(4)
				whose parent, guardian or custodian has knowingly, intentionally or negligently
				placed the child in a situation that may endanger the child's life or health;
				or
(5) whose parent, guardian or
				custodian has knowingly or intentionally tortured, cruelly confined or cruelly
				punished the child.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 10 - CHILD PROTECTIVE SERVICES › Part 6 - IN-HOME SERVICES › Section 8.10.6.8 - PURPOSE OF IN-HOME SERVICES

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				purpose of IHS is to promote the safety of children and reduce the risk of the
				recurrence of abuse or neglect of children by their parents, guardians or
				custodians without the intervention of the courts.
B. A child may not be determined to be safe
				or conditionally safe solely on the basis of the provision of IHS.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 10 - CHILD PROTECTIVE SERVICES › Part 6 - IN-HOME SERVICES › Section 8.10.6.9 - ELIGIBILITY

Current through Register Vol. 35, No. 13, July 16, 2024
A. A family is
				eligible to receive IHS without regard to income.
B. A family may be eligible to receive IHS
				when:
(1) the child has been determined to be
				conditionally safe and the risk of child abuse or neglect has been determined
				to be moderate or high; or
(2) the
				child has been determined to be unsafe and the risk of child abuse or neglect
				has been determined to be very low, low, moderate, or high.