reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 10 - CHILD PROTECTIVE SERVICES › Part 6 - IN-HOME SERVICES › Section 8.10.6.10 - FOSTER CARE CANDIDACY DETERMINATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. The IHS practitioner shall make a foster
				care candidacy determination for each child in a family receiving IHS. A child
				may be considered a foster care candidate when a child is determined to be
				conditionally safe and the risk of maltreatment is moderate or high, or when a
				child is determined to be unsafe.
B. A child may be determined to be a foster
				care candidate at any point during the IHS case when there has been a change in
				a family's circumstances that affects the safety of a child.
C. Once a child has been initially determined
				a foster care candidate, then the foster care candidacy is re-determined for
				the child every six months.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 10 - CHILD PROTECTIVE SERVICES › Part 6 - IN-HOME SERVICES › Section 8.10.6.11 - CASE TRANSFER TO IN-HOME SERVICES

Current through Register Vol. 35, No. 13, July 16, 2024
A. IHS are assigned within five calendar days
				of the disposition of the investigation.
B. The investigation is closed within five
				calendar days of case transfer to an IHS practitioner.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 10 - CHILD PROTECTIVE SERVICES › Part 6 - IN-HOME SERVICES › Section 8.10.6.12 - DURATION OF SERVICE DELIVERY

Current through Register Vol. 35, No. 13, July 16, 2024
IHS case interventions are provided for a maximum of 180
				  days, unless the IHS practitioner requests the county office manager grant a 45
				  day extension. The IHS practitioner documents that an extension of services
				  would assist the family in achievement of goals, reduce the risk of recurrent
				  abuse or neglect, and ensure the child is safe, conditionally safe. No more
				  than three 45 day extensions will be granted.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 10 - CHILD PROTECTIVE SERVICES › Part 6 - IN-HOME SERVICES › Section 8.10.6.13 - PROVISION OF SERVICES

Current through Register Vol. 35, No. 13, July 16, 2024
A. No
				waiting list is established or maintained for IHS.
B. Families participate in safety related IHS
				without court intervention.
C.
				Services are provided to the family based on assessment of safety of the child
				and risk of abuse or neglect to the child by the parent, guardian or custodian.
				Services provided to the family utilize family strengths, family resources,
				community resources, and PSD resources.
D. PSD favors the use of family and community
				services over direct services whenever possible and appropriate.
E. IHS are delivered as a collaborative
				effort between PSD, the family, and community partners.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 10 - CHILD PROTECTIVE SERVICES › Part 6 - IN-HOME SERVICES › Section 8.10.6.14 - FAMILY CONTACT

Current through Register Vol. 35, No. 13, July 16, 2024
A. The IHS
				practitioner schedules the initial face-to-face contact with the family within
				72 hours from transfer of the case to IHS.
B. The IHS practitioner shall meet with the
				family at least weekly through the duration of the case.
C. When determining the meeting frequency and
				other types of intervention, safety of the child is always the first
				consideration.
D. If the IHS
				practitioner identifies a non-participating or absent parent, guardian or
				custodian the practitioner shall meet with their supervisor.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 10 - CHILD PROTECTIVE SERVICES › Part 6 - IN-HOME SERVICES › Section 8.10.6.15 - IN-HOME FAMILY ASSESSMENT, SAFETY AND FAMILY PLANS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The IHS practitioner, in collaboration
				with the family, completes a family assessment and develops a safety plan and
				family plan.
B. The IHS
				practitioner, in collaboration with the family, reviews and updates the
				family's safety plan, addressing all individuals in the family.
C. The IHS practitioner completes a family
				assessment and family plan for all IHS cases.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 10 - CHILD PROTECTIVE SERVICES › Part 6 - IN-HOME SERVICES › Section 8.10.6.16 - CASE STAFFING AND ON-GOING ASSESSMENT

Current through Register Vol. 35, No. 13, July 16, 2024
IHS practitioners utilize staffing and conferences to
				  develop, assess, or review plans and to review services and the safety of a
				  child.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 10 - CHILD PROTECTIVE SERVICES › Part 6 - IN-HOME SERVICES › Section 8.10.6.17 - EMERGENCY DISCRETIONARY FUNDS (EDF)

Current through Register Vol. 35, No. 13, July 16, 2024
PSD may use EDF to assist the family with the goals
				  identified in the family plan to reduce safety and risk factors for children in
				  the home. EDF, when related to safety and risk, can be used to purchase
				  products or services such as rent or rent deposits, utilities, clothing,
				  transportation, food, home or car repair, and appliance repair. EDF are
				  dispersed according to the emergency discretionary fund
				  manual.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 10 - CHILD PROTECTIVE SERVICES › Part 6 - IN-HOME SERVICES › Section 8.10.6.18 - SUBSEQUENT REPORTS OF ABUSE OR NEGLECT

Current through Register Vol. 35, No. 13, July 16, 2024
If a report is made to statewide central intake when there is
				  reason to believe abuse or neglect has occurred subsequent to the original
				  report that resulted in providing IHS, then a new investigation will occur. A
				  new investigation does not disqualify a family from receiving IHS. PSD may
				  continue to provide IHS during and after an investigation resulting from
				  additional child abuse or neglect allegations if the safety of a child can be
				  ensured.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 10 - CHILD PROTECTIVE SERVICES › Part 6 - IN-HOME SERVICES › Section 8.10.6.19 - FAMILY REFUSAL OF IN-HOME SERVICES

Current through Register Vol. 35, No. 13, July 16, 2024
A decision by the family to refuse or withdraw from services
				  does not constitute abuse or neglect. When the family refuses IHS, the IHS
				  practitioner, in consultation with the supervisor, reviews the results of the
				  safety and risk assessments as well as other pertinent information to determine
				  if PSD should pursue involuntary service through a court
				  order.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 10 - CHILD PROTECTIVE SERVICES › Part 6 - IN-HOME SERVICES › Section 8.10.6.20 - FAMILY WITHDRAWAL FROM IN-HOME SERVICES

Current through Register Vol. 35, No. 13, July 16, 2024
When the family withdraws after beginning IHS, the
				  practitioner shall conduct a safety assessment and a risk assessment and review
				  the results. The practitioner also considers information from the
				  investigation, as well as other pertinent information, to determine an
				  appropriate course of action. Action may include, but is not limited to:
A. revision of the IHS family plan;
B. report of the family to statewide central
				intake (SCI);
C. case closure;
				or
D. pursuit of involuntary
				services through a court order.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 10 - CHILD PROTECTIVE SERVICES › Part 6 - IN-HOME SERVICES › Section 8.10.6.21 - CASE CLOSURE

Current through Register Vol. 35, No. 13, July 16, 2024
IHS cases may be closed with no further intervention from PSD
				  when the structured decision making instruments are completed and:
A. the safety assessment instrument documents
				that the child is safe, or conditionally safe;
B. the safety assessment and risk assessment
				instruments document either no escalation of risk, or a decrease in the risk
				level;
C. the goals of the family
				plan have been achieved; or
D. the
				family withdraws from services.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 10 - CHILD PROTECTIVE SERVICES › Part 7 - PROTECTIVE SERVICES LEGAL › Section 8.10.7.3 - 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 (Cum.
				  Supp. 2009); and New Mexico Children's Court Rules SCRA 10-1 et
				  seq.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 10 - CHILD PROTECTIVE SERVICES › Part 7 - PROTECTIVE SERVICES LEGAL › Section 8.10.7.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
To establish parameters for the provision of legal services
				  for children at significant risk of abuse or neglect and children in the
				  custody of CYFD.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 10 - CHILD PROTECTIVE SERVICES › Part 7 - PROTECTIVE SERVICES LEGAL › Section 8.10.7.8 - PURPOSE OF PROTECTIVE SERVICES LEGAL POLICIES

Current through Register Vol. 35, No. 13, July 16, 2024
The purpose of child protective legal services is to
				  represent PSD's position in court with regard to the permanency plans for
				  children, protect children through legal intervention and facilitate permanency
				  in relevant cases.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 10 - CHILD PROTECTIVE SERVICES › Part 7 - PROTECTIVE SERVICES LEGAL › Section 8.10.7.9 - THE CHILDREN'S COURT ATTORNEY

Current through Register Vol. 35, No. 13, July 16, 2024
A. Role of the children's court attorney: The
				children's court attorney shall provide information, interpretation of law and
				general assistance to PSD in the provision of child protective services and
				presents PSD's recommendations in a court of law.
B. Attorney-client relationship: The primary
				decision-maker on the case shall be the PSD worker for the purpose of the
				attorney-client relationship.
C.
				Differences of opinion: When the children's court attorney, PSD worker and
				supervisor cannot agree on the most appropriate course of action, the issues
				shall be resolved between the managing children's court attorney and county
				office manager. The protective services director shall be the final arbiter in
				a decision.
D. Attorney-client
				privileged communications: Written and verbal communications concerning PSD
				business between a children's court attorney and a PSD worker is privileged.
				Privileged communications may not be disclosed to a third party outside the
				department unless a specific decision with the appropriate approval has been
				made to waive such privilege.
E. No
				conversations concerning settlement or disposition shall occur in the absence
				the children's court attorney representing PSD in the case.
(1) Direct contact between PSD workers and
				respondent's counsel is limited to the exchange of routine information, such
				as, time for visitation and the name of psychologist to perform
				evaluation.
(2) PSD routinely
				informs the guardian ad litem or child's attorney about important decisions
				relating to the child.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 10 - CHILD PROTECTIVE SERVICES › Part 7 - PROTECTIVE SERVICES LEGAL › Section 8.10.7.10 - GENERAL PROVISIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Confidentiality and access to abuse and neglect records: Protective services
				records and information incident to, or obtained as a result of an abuse or
				neglect investigation or proceeding are confidential and can only be inspected
				pursuant to a valid court order, except by those entities specifically entitled
				to access under the New Mexico Children's Code.
(1) When allowing access to an authorized
				entity, all attorney-client privileged information and all identifying
				information on the reporting source shall be stricken.
(2) Protective services records or
				information shall not be released pursuant to a subpoena because subpoenas do
				not reflect a determination by a children's court judge that the requesting
				party has a legitimate interest in the case or the work of the court.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 10 - CHILD PROTECTIVE SERVICES › Part 7 - PROTECTIVE SERVICES LEGAL › Section 8.10.7.12 - LITIGATION CONSIDERATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. PSD
				shall make reasonable efforts to prevent removal of the child and, when removal
				is necessary, PSD shall make reasonable efforts to reunify the child, and to
				finalize the child's current permanency plan.
B. Reasonable efforts to prevent a child's
				removal from home, or to reunify the child and family shall not be required if
				PSD obtains a judicial determination that such efforts are not required
				because:
(1) a court of competent jurisdiction
				has determined that the parent has subjected the child to aggravated
				circumstances as set forth in the New Mexico Children's Code; or
(2) the parent or custodian has been
				convicted, by a court of competent jurisdiction, of murder or voluntary
				manslaughter of another child of the parent, or of aiding or abetting,
				attempting, conspiring, or soliciting to commit such a murder or voluntary
				manslaughter, or convicted of a felony assault that results in serious bodily
				injury to the child or another child of the parent.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 10 - CHILD PROTECTIVE SERVICES › Part 7 - PROTECTIVE SERVICES LEGAL › Section 8.10.7.13 - STIPULATION

Current through Register Vol. 35, No. 13, July 16, 2024
Settlement of a child abuse or neglect case at the
				  adjudicatory stage involves a stipulation (admission or plea of no contest) as
				  to the case-specific underlying factual basis of the allegation. In most cases,
				  a stipulation to a lesser charge when there is an allegation of sexual abuse or
				  severe physical abuse is unacceptable based on treatment issues and protection
				  of other potential victims. The managing children's court attorney shall
				  approve any exceptions.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 10 - CHILD PROTECTIVE SERVICES › Part 7 - PROTECTIVE SERVICES LEGAL › Section 8.10.7.14 - APPOINTMENT OF GUARDIAN AD LITEM (GAL) OR CHILD'S ATTORNEY

Current through Register Vol. 35, No. 13, July 16, 2024
PSD shall request that a GAL be appointed to represent and
				  protect the best interests of the child in a abuse or neglect proceeding when
				  the child is less than fourteen (14) years old. PSD shall request that an
				  attorney be appointed to represent the child fourteen (14) years of age or
				  older.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 10 - CHILD PROTECTIVE SERVICES › Part 7 - PROTECTIVE SERVICES LEGAL › Section 8.10.7.15 - DOCUMENTATION TO COURT

Current through Register Vol. 35, No. 13, July 16, 2024
A. PSD
				shall complete and provide reports to the court and other parties as required
				by law.
B. The children's court
				attorney shall provide documentation and evidence so that the court may make
				specific factual findings in determinations of:
(1) reasonable efforts to prevent
				removal;
(2) reasonable efforts not
				required to prevent removal;
(3)
				reasonable efforts to finalize the permanency plan in effect; or
(4) reasonable efforts to place siblings
				together unless joint placement would be contrary to the safety or well-being
				of any of the siblings, and whether siblings not jointly placed together have
				been provided reasonable visitation or other ongoing contact unless contrary to
				the safety or well-being of any of the siblings.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 10 - CHILD PROTECTIVE SERVICES › Part 7 - PROTECTIVE SERVICES LEGAL › Section 8.10.7.16 - RIGHTS OF PARENTS AND RESPONDENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Parent's rights: Mothers, fathers who are
				married to the child's mother, and adoptive parents have a constitutionally
				protected liberty interest in rearing the child. Additionally, those unmarried
				biological fathers who participate in the child's life as a parent have a
				similar constitutionally protected liberty interest. At the inception of the
				case, PSD identifies those parents with protected rights.
B. PSD shall inform parents of their rights
				at the commencement of the investigation.
C. The court shall inform the respondent of
				their rights at the respondent's first appearance. Under Children's Court Rule
				10-314, those rights include:
(1) notice of
				the allegations of the petition;
(2) the right to trial on the
				petition;
(3) the right to be
				represented by an attorney; and
(4)
				the possible consequences if the allegations of the petition are found to be
				true.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 10 - CHILD PROTECTIVE SERVICES › Part 7 - PROTECTIVE SERVICES LEGAL › Section 8.10.7.17 - NOTIFYING RELATIVES

Current through Register Vol. 35, No. 13, July 16, 2024
A. PSD
				shall exercise due diligence to identify and notify adult relatives of a
				child's removal within 30 days of the removal. The notice shall inform
				relatives or fictive kin of their option to become a placement resource for the
				child.
B. If the parent is unable
				or unwilling to provide the PSD worker with names and contact information of
				relatives or fictive kin, the children's court attorney shall inform the court
				and ask the court to question the parents about relatives or fictive kin. The
				children's court attorney shall include in the court order that the parents
				will provide names of relatives or fictive kin, for possible relative or
				fictive kin placement, to PSD and attorneys of record five days from the date
				of the hearing.
C. At the
				permanency hearing, when the court adopts a plan other than reunification, the
				children's court attorney shall request the court determine whether or not the
				department has made reasonable efforts to identify and locate, and conduct home
				studies of any appropriate relative expressing an interest in providing
				permanency for the child.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 10 - CHILD PROTECTIVE SERVICES › Part 7 - PROTECTIVE SERVICES LEGAL › Section 8.10.7.18 - PERMANENCY HEARING REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				A permanency hearing shall be commenced within six months of the initial
				judicial review of a child's dispositional order or within 12 months from the
				date a child enters foster care, whichever occurs first.
B. If the court adopts a permanency plan of
				reunification at the permanency hearing, the court shall adopt a transition
				home plan for the child, and schedule a permanency review hearing within three
				months. If a child is reunified, the subsequent hearing may be
				vacated.
C. If the court adopts a
				permanency plan other than reunification at the permanency hearing, the court
				shall determine whether or not PSD has made reasonable efforts to identify and
				notify all grandparents, other relatives or fictive kin. The court shall also
				determine whether or not the department has made reasonable efforts to conduct
				home studies on any appropriate relatives or fictive kin interested in
				providing permanency for the child. If the court finds reasonable efforts have
				not been made to identify and locate relatives or fictive kin or to conduct
				home studies on relatives or fictive kin, the court shall schedule a permanency
				review hearing within 60 days to determine whether an appropriate relative or
				fictive kin placement has been made. If a relative or fictive kin placement is
				made, the subsequent hearing may be vacated.
D. The court shall hold permanency hearings
				every 12 months when a child is in the legal custody of PSD.
E. PSD shall provide the resource family of a
				child and any pre-adoptive parent(s), relative(s) or fictive kin providing care
				for the child with timely notice of permanency hearings and notice of their
				right to be heard in permanency hearings and permanency review hearings. The
				right to be heard does not confer the right to standing as a party to the
				case.
F. The children's court
				attorney shall ensure that PSD's report to the court for the permanency hearing
				documents that PSD has considered out-of state, as well as in-state permanent
				placements for the child.
G. If the
				child is in an out-of-state placement at the time of the permanency hearing,
				the children's court attorney shall request a finding that the out-of-state
				foster care placement continues to be appropriate and in the child's best
				interests.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 10 - CHILD PROTECTIVE SERVICES › Part 7 - PROTECTIVE SERVICES LEGAL › Section 8.10.7.19 - DISCHARGE HEARING AND CONTINUED JURISDICTION OF THE COURT

Current through Register Vol. 35, No. 13, July 16, 2024
A. The discharge
				hearing is the last review or permanency hearing held prior to the youth's
				eighteenth (18th) birthday at which the court shall review the youth's
				transition plan (see herein at Paragraph (2) of Subsection F of 8.10.7.15 NMAC)
				and shall determine whether or not PSD has made reasonable efforts to provide
				the youth with information and assistance as required in the Children's Code,
				Section 32A-4-25.3, NMSA 1978 (See youth services program, 8.10.9.17
				NMAC).
B. If the court determines
				reasonable efforts were not made and that termination of jurisdiction would be
				harmful to the young adult, the court may continue to exercise its jurisdiction
				for a period not to exceed one (1) year from the youth's eighteenth (18th)
				birthday. The young adult may consent to continued jurisdiction of the court.
				The court may dismiss the case at any time after the youth's eighteenth (18th)
				birthday for good cause.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 10 - CHILD PROTECTIVE SERVICES › Part 7 - PROTECTIVE SERVICES LEGAL › Section 8.10.7.20 - NOTICE AND OPPORTUNITY TO BE HEARD AT REVIEWS

Current through Register Vol. 35, No. 13, July 16, 2024
PSD shall give notice to all parties, the child's guardian ad
				  litem or youth attorney if 14 years or older, the child's court appointed
				  special advocate, the contractor administering the citizen review board, the
				  child's resource family, pre-adoptive parents, or relative or fictive kin
				  caregiver, of the time, place and purpose of any judicial review hearing held
				  pursuant to the Children's Code, Subsections A or B of Section
				  32A-4-25
				  NMSA 1978, including hearings held after a termination of parental rights has
				  occurred. Notice to the child's resource family, pre-adoptive parents, or
				  relative or fictive kin caregiver shall include notice of the right to be heard
				  at the review hearing. Such notice does not confer the right to standing as a
				  party to the case.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 10 - CHILD PROTECTIVE SERVICES › Part 7 - PROTECTIVE SERVICES LEGAL › Section 8.10.7.21 - TERMINATION OF PARENTAL RIGHTS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				The children's court attorney shall attend the change of plan staffing when PSD
				is considering recommending to the court that a child's plan be changed to
				adoption. PSD shall pursue a motion to terminate parental rights within 45 days
				of the PSD staffing establishing a plan of adoption for the child, or when it
				is clinically indicated.
B. In the
				case of a child who has been in foster care 15 of the most recent 22 months,
				PSD shall pursue a motion to terminate parental rights by the end of the
				fifteenth (15th) month in foster care, unless the child is being cared for by a
				relative or fictive kin, or PSD has documented compelling reason(s) for not
				filing; or PSD has not provided to the family those services deemed necessary
				for the safe return of the child within the time period in the case plan. PSD
				calculates the 15 of the most recent 22 month period from the date the child
				entered foster care, uses a cumulative method of calculation when a child
				experiences multiple exits from and entries into foster care during the 22
				month period, and excludes trial home visits and runaway episodes in
				calculating the 15 months. If there are compelling reasons for not seeking to
				terminate parental rights, those reasons shall be documented in the case
				plan.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 10 - CHILD PROTECTIVE SERVICES › Part 7 - PROTECTIVE SERVICES LEGAL › Section 8.10.7.22 - RELINQUISHMENT OF PARENTAL RIGHTS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Relinquishments may only be taken in furtherance of a plan of adoption, or in
				cases where a severance of the parent-child relationship is therapeutically
				necessary for the child's emotional or physical well-being.
B. The children's court attorney shall create
				a record in the district court that the relinquishment is voluntary, and that
				no promises were made to the parent, no fraud was involved, that the parent
				understands the consequences and the finality of the decision, and unless the
				adoption is open, the court shall not enforce any agreements regarding contact
				with the child.
C. No one may
				relinquish parental rights to PSD without PSD's consent.
D. In any case involving an Indian child, the
				relinquishment shall only be taken in state court if the parent is domiciled
				off-reservation. Otherwise, the tribal court has exclusive jurisdiction.
(1) PSD shall make a record concerning the
				parent's domicile prior to the relinquishment being taken.
(2) PSD shall not accept the relinquishment
				of an Indian child until ten (10) days after the birth of the child.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 10 - CHILD PROTECTIVE SERVICES › Part 7 - PROTECTIVE SERVICES LEGAL › Section 8.10.7.24 - MEDICAL NEGLECT

Current through Register Vol. 35, No. 13, July 16, 2024
A. PSD shall
				respond to reports of medical neglect of children (including instances of
				withholding of medically indicated treatment from disabled infants with
				life-threatening conditions) and shall take the necessary legal action to
				protect those children.
B. The term
				withholding medically indicated treatment shall not apply in the following
				circumstances:
(1) the child is chronically
				and irreversibly comatose;
(2) the
				provision of such treatment would merely prolong dying or otherwise be futile
				in terms of the survival of the child; or
(3) the provision of such treatment would be
				virtually futile in terms of survival of the child and the treatment itself
				under such circumstances would be inhumane.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 10 - CHILD PROTECTIVE SERVICES › Part 7 - PROTECTIVE SERVICES LEGAL › Section 8.10.7.25 - REMOVING CHILD FROM LIFE SUPPORT SYSTEMS

Current through Register Vol. 35, No. 13, July 16, 2024
A. PSD shall seek parental consent to
				removing a child in PSD custody from life support systems.
B. When parents refuse consent, the
				children's court attorney shall request an emergency court setting on the issue
				and give notice to the parents.
C.
				PSD shall keep the guardian ad litem or youth attorney fully informed and shall
				seek their concurrence with PSD's recommendation.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 10 - CHILD PROTECTIVE SERVICES › Part 7 - PROTECTIVE SERVICES LEGAL › Section 8.10.7.26 - MENTAL HEALTH

Current through Register Vol. 35, No. 13, July 16, 2024
Anytime a child in the custody of PSD is in need of placement
				  in a mental health facility, the children's court attorney shall file an
				  appropriate pleading with the district court.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 10 - CHILD PROTECTIVE SERVICES › Part 7 - PROTECTIVE SERVICES LEGAL › Section 8.10.7.27 - FAMILY IN NEED OF COURT-ORDERED SERVICES

Current through Register Vol. 35, No. 13, July 16, 2024
PSD shall decide when it is appropriate to file a family in
				  need of court-ordered services petition, in accordance with the Children's
				  Code, Section 32A-3B et seq. NMSA 1978. Services to the child or family may be
				  ordered when the child or family has refused services, or appropriate and
				  available services have been exhausted and any of the following circumstances
				  exist:
A. The child, subject to
				compulsory school attendance, is absent from school without an authorized
				excuse more than ten days during a school year.
B. The child has been absent from the child's
				place of residence for twelve hours or more without consent of the parent,
				guardian or custodian.
C. The child
				refuses to return home and there is good cause to believe the child will run
				away from home if forced to return to the parent, guardian or
				custodian.
D. The child's parent,
				guardian or custodian refuses to allow the child to return home and a petition
				alleging neglect of the child is not in the child's best interests.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 10 - CHILD PROTECTIVE SERVICES › Part 7 - PROTECTIVE SERVICES LEGAL › Section 8.10.7.28 - INDIAN CHILD WELFARE ACT (ICWA)

Current through Register Vol. 35, No. 13, July 16, 2024
The Indian Child Welfare Act of 1978 (
				  25 U.S.C.
				  1901 et seq.), hereinafter referred to as
				  "ICWA", was enacted to protect the best interests of Indian children and
				  preserve tribal integrity by reducing the destruction of Indian culture caused
				  by the removal of children from Indian homes and environments. The ICWA
				  provides that the states and Indian tribes are authorized to enter into
				  agreements with each other respecting care and custody of Indian
				  children.
A. A tribe has exclusive
				jurisdiction over any child custody proceedings, as defined in
				25
				U.S.C. 1903, involving a child who resides or
				is domiciled within the tribe's reservation.
B. If a child is a ward of the tribal court,
				the tribe retains exclusive jurisdiction even if the child's residence changes
				to a location off-reservation. PSD acts in an emergency to protect the child,
				when the child is temporarily off-reservation. PSD shall notify the tribe as
				soon as possible and facilitates a transfer of the case to the tribe.
C. When a child is domiciled or resides off
				the reservation, the state and the tribe both have jurisdiction.
D. When an Indian child is the subject of an
				abuse or neglect, family in need of court ordered services, or adoption action
				under the New Mexico Children's Code, the tribe may intervene.
E. PSD supports requests to transfer to
				tribal court absent good cause to the contrary, objection by either parent or
				declination by the tribal court. Good cause not to transfer the proceeding may
				exist in any of the following circumstances:
(1) The proceeding was at an advanced stage
				when the request to transfer was received and the entity making the request did
				not file the request promptly after receiving notice of the hearing.
(2) The Indian child is over twelve years of
				age and objects to the transfer.
(3) The evidence necessary to decide the case
				could not be adequately presented in the tribal court without undue hardship to
				the parties or the witnesses.
(4)
				The parents of a child over five years of age are not available and the child
				has had little or no contact with the child's tribe or members of the child's
				tribe.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 10 - CHILD PROTECTIVE SERVICES › Part 7 - PROTECTIVE SERVICES LEGAL › Section 8.10.7.29 - SPECIAL IMMIGRANT JUVENILE STATUS (SIJS)

Current through Register Vol. 35, No. 13, July 16, 2024
A. In those cases in which a child is a
				foreign national child without legal permanent residency in the United States,
				and if the permanency plan does not include reunification with at least one
				parent and PSD does not recommend that the child be returned to the country of
				origin, PSD shall determine whether the child may be eligible for SIJS under
				federal law. Under federal law, in addition to legal requirements of being
				under court jurisdiction and the court making the necessary judicial
				determination, a child must be in the United States, unmarried and under the
				age of 21.
B. If the child is
				eligible for SIJS, PSD shall move the court for a SIJS order containing a
				judicial determination that the child is deemed unable to reunify with one or
				both parents due to abuse, neglect or abandonment, and that it is not in the
				child's best interest to return to the country of nationality or last habitual
				residence. PSD's motion shall include a statement of the express wishes of the
				child, as expressed by the child or the child's guardian ad litem or
				attorney.
C. If it has been
				determined that it is in the child's best interest to file a petition for SIJS
				and an application for adjustment of status, then within 60 days after an entry
				of the SIJS order, PSD shall file a petition for SIJS and an application for
				adjustment of status on behalf of the child.
D. The court order for SIJS must be filed and
				accepted by the court prior to the child turning age 18.
E. The children's court attorney shall
				request court jurisdiction and set review hearings pending the granting of
				SIJS. The children's court attorney shall provide judicial review reports for a
				child for whom the court has granted the SIJS order, and shall advise the court
				of the status of the petition and application process concerning the
				child.
F. The court's jurisdiction
				terminates upon the final decision of the federal authorities, however the
				court may not retain jurisdiction of the case after the child's twenty first
				birthday.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 10 - CHILD PROTECTIVE SERVICES › Part 7 - PROTECTIVE SERVICES LEGAL › Section 8.10.7.30 - CONSULAR NOTIFICATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. Foreign
				national child: When PSD is given custody of a foreign national child, that is,
				a child who is not a citizen of the United States, PSD shall notify that
				child's foreign national consulate in writing, without delay, after obtaining
				custody. When PSD is given custody of a child who has at least one parent who
				is a foreign national of any country other than Mexico, PSD shall notify the
				appropriate foreign consulate except in cases in which notification may create
				a risk to the child's safety or may impede the goal of reunification of the
				child with their family.
B. Mexican
				national child: When PSD is given custody of a Mexican national child, that is,
				a child who is a national of Mexico or has at least one parent who is a
				national of Mexico, PSD shall notify the Mexican consulate without
				delay.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 10 - CHILD PROTECTIVE SERVICES › Part 8 - PERMANENCY PLANNING › Section 8.10.8.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico Children's Code, Section 32A-1-1, NMSA 1978 (Repl.
				  2004).
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 10 - CHILD PROTECTIVE SERVICES › Part 8 - PERMANENCY PLANNING › Section 8.10.8.8 - PURPOSE OF PERMANENCY PLANNING SERVICES

Current through Register Vol. 35, No. 13, July 16, 2024
A. The purpose of permanency planning
				services is to systematically carry out, within a time-limited period, a set of
				goal-directed activities designed to help children live in families that offer
				the continuity of relationships with nurturing parents or guardians and the
				opportunity to establish healthy and positive lifetime relationships.
B. PSD provides permanency planning services
				to children or youth who come into PSD custody:
(1) through an abuse or neglect petition,
				voluntary placement outside of the home, or a family in need of court ordered
				services (FINCOS) case;
(2) as an
				undocumented immigrant child or youth through an abuse or neglect
				petition;
(3) as an unaccompanied
				alien child or youth as provided for and defined by the department of health
				and human services, administration for children and families, office of refugee
				resettlement, or division of unaccompanied children services;
(4) as an infant left at a hospital as
				outlined in the Safe Haven for Infants Act, 24-22-1 NMSA 1978; and
(5) as children returned to the custody of
				the parent, guardian or custodian subject to any condition or limitations as
				the court may prescribe including protective supervision of the child by
				PSD.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 10 - CHILD PROTECTIVE SERVICES › Part 8 - PERMANENCY PLANNING › Section 8.10.8.9 - SAFETY ASSESSMENT IN PERMANENCY PLANNING

Current through Register Vol. 35, No. 13, July 16, 2024
A. The overriding concern throughout the life
				of a permanency planning case shall be the safety of the child. PSD shall be
				responsible for the continued assessment of the child's safety until case
				closure and shall determine:
(1) whether or
				not the responsibilities for care and protection of the child have been met by
				the parent, guardian or custodian; and
(2) if the child can safely return home to
				the parent, guardian or custodian.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 10 - CHILD PROTECTIVE SERVICES › Part 8 - PERMANENCY PLANNING › Section 8.10.8.10 - OUT OF HOME PLACEMENT

Current through Register Vol. 35, No. 13, July 16, 2024
When a child cannot safely remain in their home, PSD shall
				  pursue legal custody of the child. When the court has determined it is contrary
				  to the welfare of the child to remain in their home, PSD is awarded legal
				  custody and the child shall be placed with a licensed resource family to ensure
				  the child's safety and well-being. The placement of a child into foster care
				  shall not be delayed or denied on the basis of the race; ethnicity; creed;
				  color; age; religion; sex or gender; gender identity; gender expression; sexual
				  orientation; marital status or partnership; familial or parental status;
				  pregnancy and breastfeeding or nursing; disability; genetic information;
				  intersex traits; medical condition, including HIV/AIDS; citizenship or
				  immigration status; national origin; tribal affiliation; ancestry; language;
				  political affiliation; military or veteran status; status as a survivor of
				  domestic violence; sexual assault, or stalking; or any other factor unrelated
				  to suitability to parent.
A.
Entry into foster care:
The child is considered to have entered
				foster care on the earlier of:
(1) the date of
				the first judicial finding that the child has been subjected to child abuse or
				neglect; or
(2) the date that is 60
				days after the date on which the child is removed from the home.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 10 - CHILD PROTECTIVE SERVICES › Part 8 - PERMANENCY PLANNING › Section 8.10.8.11 - VOLUNTARY PLACEMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. No
				parent may relinquish parental rights to PSD without PSD's consent.
B. When it has been determined to be in the
				best interest of the child parent, guardian or custodian, PSD may accept legal
				custody of a child placed voluntarily through a written agreement.
C. No child shall remain in voluntary
				placement for longer than one hundred eighty consecutive days or for more than
				one hundred eighty days in any calendar year; provided that a child may remain
				in voluntary placement up to an additional one hundred eighty consecutive days
				upon order of the court after the filing of a petition by PSD for extension of
				voluntary placement, a hearing and a finding that additional voluntary
				placement is in the best interests of the child.
D. In no event shall a child remain in
				voluntary placement for a period in excess of three hundred sixty-five days in
				any two-year period.
E. The PSD
				director or designee approves all voluntary placement agreements before
				accepting a voluntary placement.
F.
				If the parent, guardian, or custodian requests PSD to return the child prior to
				the termination of the voluntary placement agreement, the child is returned
				within 72 hours of the request unless an abuse or neglect petition is filed
				concerning that child, and the court enters an order finding abuse or neglect,
				prior to the expiration of the 72 hours.
G. PSD develops a case plan with all families
				entering into a voluntary placement agreement.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 10 - CHILD PROTECTIVE SERVICES › Part 8 - PERMANENCY PLANNING › Section 8.10.8.12 - THE PERMANENCY PLAN

Current through Register Vol. 35, No. 13, July 16, 2024
The permanency plan reflects the permanency goal within the
				  child's case plan to be achieved by PSD's intervention with the family.
				  Permanency goals include:
A.
				Reunification: The goal of reunification is to safely reunify the child to the
				home of the parent or legal guardian. Reunification is the preferred goal in
				all cases unless the court finds that aggravated circumstances exist.
B. Adoption: The goal of adoption is to
				judicially terminate the rights, privileges and duties as between the child and
				the biological parent, and to judicially establish in another family such
				rights, privileges and duties as between a child and heir, and the adoptive
				parent.
C. Permanent guardianship:
				The goal of permanent guardianship is to establish a court-sanctioned
				arrangement which vests in a guardian all rights and responsibilities of a
				parent without terminating the rights of the parent as set forth in the
				Children's Code, Section
				32A-4-32
				NMSA 1978.
D. Placement with a fit
				and willing relative: The goal of placement with a fit and willing relative is
				to establish a court sanctioned relationship between the child and the child's
				relative or fictive kin in order to maintain family or family-like
				relationships to the extent possible, consistent with the best interests of the
				child.
E. Planned permanent living
				arrangement: The goal of a planned permanent living arrangement is to establish
				a court sanctioned arrangement to provide physical and emotional permanency for
				the child when the court determines this is the most appropriate permanency
				plan for the child after considering all other permanency plans. Planned
				permanent living arrangement may only be used for youth over the age of
				16.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 10 - CHILD PROTECTIVE SERVICES › Part 8 - PERMANENCY PLANNING › Section 8.10.8.13 - CASE PLANNING

Current through Register Vol. 35, No. 13, July 16, 2024
A. As part
				of the initial case planning process, PSD shall hold an initial assessment
				planning conference prior to the 10 day custody hearing. An initial assessment
				plan shall be developed at the assessment planning conference. The initial
				assessment plan is ordered at the custody hearing and remains in effect until a
				case plan is ordered at the dispositional hearing.
B. PSD shall develop a case plan to address
				the identified danger indicators and include plan-directed activities for both
				the child and parent, guardian or custodian to achieve permanency without the
				need for the PSD intervention.
C.
				At a minimum, the case plan shall be re-assessed prior to any court
				hearing.
D. For youth ages 14 and
				older, the case plan shall be developed in consultation with the youth and, at
				the option of the youth, with up to two members of the case planning team who
				are chosen by the youth and who are not a resource parent of or a caseworker
				for, the youth. PSD may reject an individual selected by the youth to be a
				member of the case planning team at any time if PSD has good cause to believe
				the individual would not act in the best interest of the youth. An individual
				shall be selected by the youth to be a member of the youth's case planning
				team, and may be designated to be the youth's advisor and, as necessary,
				advocate with respect to the application of the reasonable and prudent parent
				standard to the youth.
E. As part
				of the youth's case plan, PSD shall provide to the youth the New Mexico foster
				child and youth bill of rights and the New Mexico foster youth document of
				responsibilities .
(1) PSD shall provide a
				document that describes the rights of the child with respect to education,
				health, visitation, and court participation, the right to be provided with the
				documents and the right to stay safe and avoid exploitation.
(2) PSD shall obtain a signed acknowledgement
				that the child has received a copy of those documents and understands those
				rights and responsibilities; and
(3) PSD shall also provide and adhere to
				youth the youth grievance process.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 10 - CHILD PROTECTIVE SERVICES › Part 8 - PERMANENCY PLANNING › Section 8.10.8.14 - ADJUDICATION AND DISPOSITION

Current through Register Vol. 35, No. 13, July 16, 2024
A. PSD
				shall schedule a mandatory pre-adjudicatory meeting prior to the adjudicatory
				hearing.
B. The adjudicatory
				hearing shall be held within 60 days after the date of service on the
				respondent.
C. Prior to the
				dispositional hearing, PSD shall prepare a pre-dispositional study and
				report.
D. The dispositional
				hearing may occur simultaneously with the adjudicatory hearing, but no later
				than 30 days after the conclusion of the adjudicatory hearing.
E. Resource parents, pre-adoptive parents ,
				relatives or fictive kin providing care to the child shall be given notice and
				an opportunity to be heard at the dispositional hearing.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 10 - CHILD PROTECTIVE SERVICES › Part 8 - PERMANENCY PLANNING › Section 8.10.8.15 - INITIAL JUDICIAL REVIEW, FIRST PERMANENCY HEARING AND SUBSEQUENT HEARINGS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				initial judicial review shall be held within 60 days of the dispositional
				hearing. PSD shall inform the court of the progress made toward the permanency
				plan.
B. The initial permanency
				hearing shall be commenced within six months of the initial judicial review of
				a child's dispositional order or within 12 months of a child entering foster
				care, whichever occurs first.
C.
				Prior to the initial permanency hearing, PSD shall attend a mandatory meeting
				with all other parties to mediate issues attendant to the permanency hearing
				and to develop a case pan that services in the child's best interest.
D. At the initial permanency hearing and
				subsequent hearings thereafter, PSD shall document the following:
(1) the efforts made to return the child
				home;
(2) the steps PSD has taken
				to ensure the child's resource family is following the reasonable and prudent
				parent standard;
(3) the steps PSD
				has taken to ensure the child has regular, ongoing opportunities to engage in
				age and developmentally appropriate activities.