New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 10 - CHILD PROTECTIVE SERVICES › Part 8 - PERMANENCY PLANNING › Section 8.10.8.7 - 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.
"Case plan"
means a plan
				created jointly with clients for a child, youth, parent, guardian, custodian or
				respondent that identifies the appropriate services based on the needs
				identified to achieve the child's or youth's permanency plan and to promote the
				safety and well-being of each child or youth.
C.
"Close proximity"
means a
				location physically close enough to facilitate family visiting, consistent with
				the best interest and identified needs of the child.
D.
"Community home"
means a home
				which operates 24 hours a day and provides full time care, supervision and
				support to no more than 16 children in a single residential building, and which
				meets the definition of "group home" as outlined in the Human Services
				Department Act, Section
				9-8-13
				NMSA 1978.
E.
"Complicating
				factors"
are conditions that make it difficult for a caregiver to create
				safety for their child, but do not by themselves constitute imminent danger.
				Refer to the structure decision making manual to review the list of
				complicating factors protective services workers use in the New Mexico child
				safety and risk assessment tool.
F.
"CYFD"
refers to the New Mexico children, youth and families
				department.
G.
"Danger
				indicators"
are conditions resulting in a child being exposed to harm or
				injury and was placed at risk of harm or injury that could occur immediately.
				Refer to the structured decision making manual to review the list of ten
				identified factors protective services workers use in the New Mexico child
				safety and risk assessment tool.
H.
"Early and periodic screening, diagnosis and treatment (EPSDT),"
is a medicaid program designed to provide comprehensive and preventive health
				care services to medicaid-eligible children under age 21.
I.
"Family"
are caregivers,
				adults fulfilling the caregiver role, guardians, and others related by
				ancestry, adoption, or marriage, or as defined by the family or
				child.
J.
"Fictive
				kin"
means a person not related by birth, adoption or marriage with whom
				the child has an emotionally significant relationship.
K.
"Foster child" or "child in foster
				care"
as referred to as "child" herein, means a child who is placed in
				the care and custody of children, youth and families department protective
				services division either under the legal authorization of the Children's Code
				or through a voluntary placement agreement signed by the parent or legal
				guardian, or a child who is placed with a licensed child placement agency under
				the authority of the Child Placement Agency Licensing Act. If the court orders
				legal custody to a relative, person, facility, or agency other than the
				children, youth and families department protective services division, the child
				is not a foster child of protective services division.
L.
"Household"
are all persons
				who have significant in-home contact with the child, including those who have a
				familial or intimate relationship with any person in the home. This may include
				persons who have an intimate relationship with a caregiver in the household
				(partner/significant other) but may not physically live in the home, or a
				relative whom the caregiver allows authority in parenting and caregiving
				decisions.
M.
"Indian
				child"
means any unmarried person who is under age 18 and is either a
				member of an Indian tribe, or is eligible for membership in an Indian tribe and
				is the biological child of a member of an Indian tribe.
N.
"Maintenance payments"
are
				payments designed to reimburse resource families for the cost of food,
				clothing, shelter, daily supervision, school supplies, a child's personal
				incidentals, and reasonable travel required to address the child's needs.
				Maintenance payments are not considered income.
O.
"New Mexico Children's Code"
refers to Section
				32A-1-1 NMSA
				1978.
P.
"Needs"
may
				refer to services and supports to address safety and the physical and emotional
				well-being of the child, parent, guardian, or resource parent. Needs may also
				include activities that promote the normalcy of the child.
Q.
"Parent"
as defined in the
				Children's Code, Subsection Q of Section
				32A-1-4 NMSA 1978,
				includes a biological or adoptive parent if the biological or adoptive parent
				has a constitutionally protected liberty interest in the care and custody of
				the child.
R.
"Permanency
				planning"
is the systematic process of carrying out, within a
				time-limited period, a set of goal directed activities designed to help
				children live in families that offer continuity of relationships with nurturing
				parents or legal guardians and the opportunity to establish healthy and
				positive lifetime relationships that are in the best interest of the child or
				youth.
S.
"Protective
				services division (PSD)"
refers to the division within the children,
				youth and families department, and is the state's designated child welfare
				agency.
T.
"Provider"
refers to a person or agency providing services to a PSD client.
U.
"PSD custody"
means custody
				of children as a result of an action filed pursuant to the New Mexico
				Children's Code, 32A-4-1 NMSA 1978 or 32A-3B-1 NMSA 1978.
V.
"Relative"
means a person
				related to another person by birth, adoption or marriage within the fifth
				degree of consanguinity or affinity.
W.
"Resource family"
refers to a
				person or entity licensed by CYFD, licensed by another state's child welfare
				agency, or a licensed child placement agency to provide foster care services
				including respite, non-relative, relative, or treatment foster care. Resource
				family includes foster parents as defined by Subsection I of Section
				32A-1-4 NMSA and
				pre-adoptive parents as defined by Subsection U of Section
				32A-1-4
				NMSA.
X.
"Resource family
				license"
is the document which bears the name or names and address or
				addresses of those who are resource parents for the protective services
				division or licensed child placement agency. The license displays the ages and
				number of children in foster care the licensees are authorized to care for and
				the date such authorization begins and ends. The license shall bear the
				signature of the authorized person who issued the license.
Y.
"Resource parent"
is the
				person named on the license issued by protective services division or a
				licensed child placement agency who is authorized to care for children in
				foster care. Resource parent includes foster parents as defined by Subsection I
				of Section
				32A-1-4 NMSA and
				pre-adoptive parents as defined by Subsection U of Section
				32A-1-4
				NMSA.
Z.
"Safe"
is a
				New Mexico child safety tool decision when no danger indicators have been
				identified.
AA.
"Safe with a
				plan"
is a New Mexico child safety assessment tool decision when one or
				more danger indicators are present, however, the child can safely remain in the
				home with a safety plan.
BB.
"Safety decision"
is based on the presence of danger indicators
				and safety planning capacities a family possesses that may that offset,
				mitigate or control the identified danger indicators. Using the New Mexico
				child safety assessment tool, a child may be assessed to be safe, safe with a
				plan or unsafe.
CC.
"Safety
				plan"
is a detailed strategy that outlines immediate action steps the
				family and their network will take to help keep the child safe from the
				identified danger indicators.
DD.
"Safety planning capacities"
are those assets possessed by the
				caregiver that reduce or control the identified danger indicators. Refer to the
				structured decision making manual to review the list of four identified safety
				planning capacities protective services workers use in the New Mexico child
				safety and risk assessment tool.
EE.
"Sex or human trafficking"
consists of a child or youth who may have experienced being recruited,
				solicited, enticed, harbored, exploited or transported by another person whose
				intent is to exploit or use force, fraud, manipulation or coercion to subject
				the child or youth into labor, services or sexual activity.
FF.
"Sibling"
one of two or more
				children or offspring having one or both parents in common by birth or
				adoption.
GG.
"Treatment
				foster care home"
is a resource parent licensed by a child placement
				agency to provide intensive therapeutic support, intervention and treatment for
				a child who would otherwise require a more restrictive placement.
HH.
"Trial home visit"
is the
				period of time, not to exceed six months, in which a child with a plan of
				reunification resides with their parent or guardian while services are provided
				to the child and family to address risk factors and ensure safety of the
				child.
II.
"Tribally licensed
				home"
means a resource family home licensed or approved by an Indian
				tribe or pueblo.
JJ.
"Unsafe"
is a New Mexico child safety assessment tool decision
				when one or more danger indicators are present and a safety plan cannot be
				created.