reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 2 - FOOD ASSISTANCE AND SUPPORT › Part 3 - REQUIREMENTS FOR PARTICIPATION IN THE SUMMER FOOD SERVICE PROGRAM › Section 8.2.3.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. "Academic-Year
				NYSP" means that portion of the National Youth Sports Program operating drug
				awareness and counseling programs during the months October through April, as
				authorized under Public Law 100-690, the Anti-Drug Abuse Act of 1988.
B. "Act" means the National School Lunch Act,
				as amended.
C. "Administrative
				costs" means costs incurred by a sponsor related to planning, organizing, and
				managing a food service under the Program, and excluding interest costs and
				operating costs.
D. "Adult" means,
				for the purposes of the collection of social security numbers as a condition of
				eligibility for Program meals, any individual 21 years of age or
				older.
E. "Advance payments" means
				financial assistance made available to a sponsor for its operating costs and/or
				administrative costs prior to the end of the month in which such costs will be
				incurred.
F. "Areas in which poor
				economic conditions exist" means (a) the local areas from which a site draws
				its attendance in which at least 50 percent of the children are eligible for
				free or reduced price school meals under the National School Lunch Program and
				the School Breakfast Program, as determined (1) by information provided from
				departments of welfare, education, zoning commissions, census tracts, and
				organizations determined by the State agency to be migrant organizations, (2)
				by the number of free and reduced price lunches or breakfasts served to
				children attending public and nonprofit private schools located in the areas of
				Program sites, or (3) from other appropriate sources, or (b) an enrollment
				program in which at least 50 percent of the enrolled children at the site are
				eligible for free or reduced price school meals as determined by approval of
				applications in accordance with 7 CFR Part 225.15(f).
G. "Camps" means residential summer camps and
				nonresidential day camps which offer a regularly scheduled food service as part
				of an organized program for enrolled children. Nonresidential camp sites shall
				offer a continuous schedule of organized cultural or recreational programs for
				enrolled children between meal services.
H. "Children" means (a) persons 18 years of
				age and under, and (b) persons over 18 years of age who are determined by a
				state educational agency or a local public educational agency of a state to be
				mentally or physically handicapped and who participate in a public or non
				profit private school program established for the mentally or physically
				handicapped.
I. "Component" means
				one of four food categories of the USDA Meal Pattern Requirements arranged by
				age group, including:
1) Milk,
2) Meat/Meat Alternates,
3) Bread/Bread Alternates, and
4) Fruits and Vegetables.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 2 - FOOD ASSISTANCE AND SUPPORT › Part 3 - REQUIREMENTS FOR PARTICIPATION IN THE SUMMER FOOD SERVICE PROGRAM › Section 8.2.3.8 - APPLICATION APPROVAL, RENEWAL AND DENIAL

Current through Register Vol. 35, No. 13, July 16, 2024
A. CYFD/Family Nutrition Bureau (FNB) enters
				into agreement with any non profit (501-c-3) organization which meets the
				established USDA program criteria in 7 CFR 225 and subsection B of 8.2.3.8
				NMAC.
B. Any non-profit
				organization wishing to participate as a sponsoring organization in the Summer
				Food Service Program completes and submits annually an application that
				includes at a minimum: a management plan, an administrative and operational
				budget, a non-discrimination statement, non-pricing policy statement,
				certificate of authority, civil rights questionnaire, certification regarding
				lobbying, signed agreement to participate, meal site information and public
				release statement.
(1) CYFD informs all of
				the previous year's sponsors which meet current eligibility requirements and
				all other potential sponsors by February 1 of the deadline date for submitting
				a written application for participation in the Program.
(2) CYFD informs all applicant sponsoring
				organizations by February 1 of the procedure for applying for advance
				operational and administrative costs payments.
(3) Within 30 days of receiving a complete
				and correct application, CYFD notifies the applicant of its approval or
				disapproval. If an incomplete application is received, CYFD notifies the
				applicant within 30 days of receipt of an incomplete application and provides
				technical assistance for the purpose of completing the application.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 2 - FOOD ASSISTANCE AND SUPPORT › Part 3 - REQUIREMENTS FOR PARTICIPATION IN THE SUMMER FOOD SERVICE PROGRAM › Section 8.2.3.9 - PROGRAM MONITORING AND REVIEW

Current through Register Vol. 35, No. 13, July 16, 2024
A. CYFD conducts Program monitoring and
				provides Program assistance to sponsors during on site reviews.
(1) Pre-approval visits are conducted by CYFD
				staff for all new sponsors and sites, to assess the applicant's site potential
				for successful Program operations and to verify information provided in the
				application.
(2) Sponsor and site
				reviews of sponsors are conducted to ensure compliance with Program
				regulations, USDA's nondiscrimination regulations and any other applicable
				Department requirements.
(3)
				Follow-up reviews of sponsors and sites are conducted as necessary.
(4) CYFD develops and implements a monitoring
				system to ensure that sponsors, site personnel, and any applicable food service
				management company receive a copy of all review reports which indicate Program
				violations and which could result in any Program meal disallowance or over
				claim.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 2 - FOOD ASSISTANCE AND SUPPORT › Part 3 - REQUIREMENTS FOR PARTICIPATION IN THE SUMMER FOOD SERVICE PROGRAM › Section 8.2.3.10 - PROGRAM ASSISTANCE TO SPONSORS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Prior to the beginning of Program
				operations, CYFD provides training in all applicable areas of Program
				administration to sponsor personnel, food service management company
				representatives, auditors, and health inspectors who will participate in the
				Program.
B. CYFD develops and makes
				available to sponsors, prior to program operation, all necessary Program
				materials, during the annual spring training, to enable applicant sponsors to
				prepare adequately for the Program.
C. CYFD, with the assistance USDA, develops
				and makes available to all sponsors minimum food specifications and model meal
				quality standards which are to be part of all contracts between vended sponsors
				and food service management companies.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 2 - FOOD ASSISTANCE AND SUPPORT › Part 3 - REQUIREMENTS FOR PARTICIPATION IN THE SUMMER FOOD SERVICE PROGRAM › Section 8.2.3.11 - AUDIT REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Audits
				of Sponsoring Organizations shall be conducted in accordance with the Office of
				Management and Budget Circulars A-133 and A-110 and the U.S. Department of
				Agriculture's Uniform Federal Assistance Regulations ( 7 CFR Part 3015
				).
B. Audits are due to CYFD no
				later than nine months after the close of the sponsoring organization's fiscal
				year.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 2 - FOOD ASSISTANCE AND SUPPORT › Part 3 - REQUIREMENTS FOR PARTICIPATION IN THE SUMMER FOOD SERVICE PROGRAM › Section 8.2.3.12 - CORRECTIVE ACTION AND COMPLAINT INVESTIGATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. CYFD promptly investigates complaints
				received or irregularities noted in conjunction with the operation of the
				Program and takes appropriate action to correct any irregularity or deficiency.
				CYFD maintains a file of all such investigations and related actions
				taken.
B. Whenever CYFD observes
				violations during the course of a site review, the sponsor is required to take
				corrective action. A high level of meal service violations requires specific
				immediate corrective action to be followed by the sponsor. CYFD conducts a
				follow-up visit to assess if specified corrective action has been
				taken.
C. CYFD may terminate the
				participation of a sponsor site if the sponsor fails to take action to correct
				Program violations cited in a state agency review report within the time frames
				established by the corrective action plan.
D. CYFD immediately terminates the
				participation of a sponsor's site if, during a review, a determination is made
				that the health or safety of the participating children is imminently
				threatened. If the site is vended, CYFD notifies the food service management
				company providing meals to the site within 48 hours of the termination
				action.
E. Except for residential
				camps, sponsors are restricted to one meal service per day when
any food service site is determined to be in violation of the
				  time restrictions for meal service and corrective action is not taken within a
				  reasonable time as determined by CYFD.
F. Sponsors who fail to plan, prepare or
				order meals with the objective of serving only one meal per child per site at
				each meal service may result in CYFD disallowing the number of meals prepared
				or ordered in excess of the number of children normally served at each
				site.
G. Meal service violations
				observed during the conduct of an site review may result in disallowance of all
				meals observed to be in violation and served to children.
H. CYFD disallows meals which are served in
				excess of a site's approved level.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 2 - FOOD ASSISTANCE AND SUPPORT › Part 3 - REQUIREMENTS FOR PARTICIPATION IN THE SUMMER FOOD SERVICE PROGRAM › Section 8.2.3.13 - CLAIMS AGAINST SPONSORS

Current through Register Vol. 35, No. 13, July 16, 2024
CYFD disallows any portion of a claim for reimbursement and
				  recovers any payment to a sponsor not properly payable under
				  7 CFR
				  225.12. CYFD may consider claims for
				  reimbursement not properly payable if a sponsor's records do not justify all
				  costs and meals claimed. CYFD notifies sponsors of the reasons for any
				  disallowance or demand for repayment and notifies all sponsors of the CYFD
				  right to hearing process.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 2 - FOOD ASSISTANCE AND SUPPORT › Part 3 - REQUIREMENTS FOR PARTICIPATION IN THE SUMMER FOOD SERVICE PROGRAM › Section 8.2.3.14 - REQUIREMENTS FOR SPONSOR PARTICIPATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. Sponsors submit a written application to
				CYFD for participation in the Program in accordance with federal and state
				requirements by April 15 and no later than June 15.
B. Applicants eligible to participate as
				sponsoring organizations include:
(1) Public
				or nonprofit private school food authorities;
(2) Public or nonprofit private residential
				summer camps;
(3) Units of local,
				municipal, county, or State governments;
(4) Public or private nonprofit colleges or
				universities which are currently participating in the National Youth Sports
				Program; and
(5) Private nonprofit
				organizations.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 2 - FOOD ASSISTANCE AND SUPPORT › Part 3 - REQUIREMENTS FOR PARTICIPATION IN THE SUMMER FOOD SERVICE PROGRAM › Section 8.2.3.15 - MANAGEMENT RESPONSIBILITIES OF SPONSOR

Current through Register Vol. 35, No. 13, July 16, 2024
A. Sponsors operate the food service in
				accordance with provisions set forth in federal regulations, any instructions
				and handbooks issued by FNS, and any instructions and handbooks issued by the
				state agency.
B. Each sponsoring
				organization is solely responsible for the administrative and financial
				management of the program. Sponsoring organizations may not contract out for
				management of the program.
C.
				Sponsors, to the maximum extent feasible, utilize their own food service
				facilities or obtain meals from a school food service facility.
D. Based on approval of its application, or
				any adjustment in the approved levels of meal service for its sites, vended
				sponsors shall inform their food service management company of the approved
				level at each site for which the food service management company will provide
				meals.
E. Sponsors plan for and
				prepare, or order, meals on the basis of participation trends with the
				objective of providing only one meal per child at each meal service. In
				recognition of the fluctuation in participation levels which makes it difficult
				to estimate precisely the number of meals needed, and to reduce the resultant
				waste, sponsors may claim reimbursement for second meals which do not exceed
				two percent of the number of first meals served to children for each meal type
				during the claiming period.
F.
				Sponsors maintain accurate records which justify all costs and meals claimed.
				The sponsor's records are available at all times for inspection and audit by
				representatives of USDA, the Inspector General of the United States, and CYFD
				for a period of three years following the date of submission of the final claim
				for reimbursement for the fiscal year. All final claims are submitted to CYFD
				within 60 days following the last day of the month covered by the
				claim.
G. Sponsors conduct Program
				training sessions for administrative and site personnel and do not allow any
				site to operate until personnel have attended at least one of these training
				sessions.
(1) Sponsors visit each of their
				sites at least once during the first week of Program operation and promptly
				take actions that are necessary to correct any site deficiencies.
(2) Sponsors review food service operations
				at each site at least once during the first four weeks of Program operations,
				and thereafter maintain a reasonable level of site monitoring.
(3) When a site is approved for more than one
				meal service, such as breakfast and lunch, the sponsor shall follow the
				requirements of paragraph one and two of subsection G of 8.2.3.15 NMAC for the
				lunch meal service and conduct one additional monitoring visit for the other
				meal service within the first four weeks of that meal service
				operation.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 2 - FOOD ASSISTANCE AND SUPPORT › Part 3 - REQUIREMENTS FOR PARTICIPATION IN THE SUMMER FOOD SERVICE PROGRAM › Section 8.2.3.16 - MEAL SERVICE REQUIREMENT

Current through Register Vol. 35, No. 13, July 16, 2024
A. Each
				meal served in the Program complies with USDA meal patterns as outlined in
				federal regulations
				7 CFR
				225.16(d) and with CYFD/FNB
				creditable foods list.
(1) Non-creditable
				foods are not used to meet the meal pattern component requirement. Some foods
				which are non creditable are: hot dogs, sausage, bologna, salami, and other
				sausage type lunch meats, and doughnuts. Designated items on the non creditable
				list supplied by CYFD are also not reimbursable and their purchase price is
				subtracted from total food costs during administrative reviews.
(2) Infants may be served and claimed only
				with prior approval from CYFD.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 2 - FOOD ASSISTANCE AND SUPPORT › Part 3 - REQUIREMENTS FOR PARTICIPATION IN THE SUMMER FOOD SERVICE PROGRAM › Section 8.2.3.17 - NUTRITION EDUCATION REQUIREMENT

Current through Register Vol. 35, No. 13, July 16, 2024
Sponsoring organizations provide nutrition education
				  activities at each meal site and submit copies of the activities with their
				  claims for reimbursement.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 2 - FOOD ASSISTANCE AND SUPPORT › Part 3 - REQUIREMENTS FOR PARTICIPATION IN THE SUMMER FOOD SERVICE PROGRAM › Section 8.2.3.18 - SANCTIONS AND PENALTIES

Current through Register Vol. 35, No. 13, July 16, 2024
A. CYFD
				does not enter into an agreement with any applicant sponsor identifiable
				through its corporate organization, officers, employees, or otherwise, as an
				institution which participated in any federal child nutrition program and was
				seriously deficient in its operation of any such program.
B. CYFD terminates the Program agreement with
				any sponsor which it determines to be seriously deficient in its operation of
				the Program.
C. CYFD imposes
				sanctions in the form of a meal disallowance for the following;
(1) Failure to record meals, types of food
				and amounts prepared, in the Menu Record Book;
(2) Meals which lack one or more required
				components;
(3) Meals which contain
				non creditable foods as a required component; or
(4) The menu records and/or food receipts
				indicate that not enough food was served, or recorded as served, to have given
				each participant the minimum portion size of each component. The State agency
				uses the USDA Food Buying Guide to determine how many servings of each
				component were available. If the number of servings available is less than the
				number of participants served as listed on the Menu Record Book, the difference
				is the number of meals disallowed.
(5) Lack of CN labels or Product Analysis
				sheets for commercially prepared food products.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 2 - FOOD ASSISTANCE AND SUPPORT › Part 3 - REQUIREMENTS FOR PARTICIPATION IN THE SUMMER FOOD SERVICE PROGRAM › Section 8.2.3.19 - APPEALS AND HEARINGS

Current through Register Vol. 35, No. 13, July 16, 2024
A. CYFD
				has established general fair hearing and appeals procedures to be followed by
				sponsors appealing:
(1) A denial of an
				application for participation,
(2)
				A denial of a sponsor's request for an advance payment,
(3) A denial of a sponsor's claim for
				reimbursement,
(4) CYFD's refusal
				to forward to Food and Nutrition Service an exception request by the sponsor
				for payment of a late claim or a request for an upward adjustment to a
				claim.
(5) A claim against a
				sponsor for remittance of a payment,
(6) The termination of the sponsor or a site;
				a denial of a sponsor's application for a site,
(7) A denial of a food service management
				company's application for registration, or
(8) The revocation of a food service
				management company's registration.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 8 - CHILDREN, YOUTH AND FAMILIES GENERAL PROVISIONS › Part 2 - PROTECTIVE SERVICES GENERAL POLICIES › Section 8.8.2.1 - ISSUING AGENCY

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 8 - CHILDREN, YOUTH AND FAMILIES GENERAL PROVISIONS › Part 2 - PROTECTIVE SERVICES GENERAL POLICIES › Section 8.8.2.3 - 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 8 - CHILDREN, YOUTH AND FAMILIES GENERAL PROVISIONS › Part 2 - PROTECTIVE SERVICES GENERAL POLICIES › Section 8.8.2.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
March 31, 2010 unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 8 - CHILDREN, YOUTH AND FAMILIES GENERAL PROVISIONS › Part 2 - PROTECTIVE SERVICES GENERAL POLICIES › Section 8.8.2.8 - PROTECTIVE SERVICES DIVISION

Current through Register Vol. 35, No. 13, July 16, 2024
The protective services division is New Mexico's officially
				  designated child welfare agency, responsible for providing child protective
				  services to individuals and families.
A. PSD shall be responsible for administering
				and supervising the state of New Mexico's child welfare services plan pursuant
				to Section 422(a) of the Social Security Act,
				42 U.S.C.
				622(a), and the agency
				responsible for the state plans under Title IV-B and IV-E of the Social
				Security Act and the social services block grant program pursuant to Title
				XX.
B. The protective services
				division shall maintain community based offices and maintains a toll free
				number that is posted in protective services division offices. Access to
				emergency protective services is available 24 hours a day, seven days a
				week.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 8 - CHILDREN, YOUTH AND FAMILIES GENERAL PROVISIONS › Part 2 - PROTECTIVE SERVICES GENERAL POLICIES › Section 8.8.2.9 - LEGAL AUTHORITY AND GUIDELINES

Current through Register Vol. 35, No. 13, July 16, 2024
PSD and its contractors shall provide services and issue
				  licenses and certifications in accordance with federal and state
				  constitutional, statutory and regulatory requirements, without regard to 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
				  non-merit factor in accordance with law.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 8 - CHILDREN, YOUTH AND FAMILIES GENERAL PROVISIONS › Part 2 - PROTECTIVE SERVICES GENERAL POLICIES › Section 8.8.2.10 - INTERAGENCY AND INTEROFFICE COLLABORATION AND COOPERATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. PSD shall work with the other service
				areas within CYFD and other state and local agencies to enhance the provision
				of services to clients.
B. PSD
				county offices shall work together to provide one another with mutual support
				and assistance, including, but not limited to, providing cross-county
				interviews, home studies and supervision.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 8 - CHILDREN, YOUTH AND FAMILIES GENERAL PROVISIONS › Part 2 - PROTECTIVE SERVICES GENERAL POLICIES › Section 8.8.2.11 - POLICY AND PROCEDURES DEVELOPMENT AND REVIEW

Current through Register Vol. 35, No. 13, July 16, 2024
A. PSD shall hold a public hearing prior to
				the inclusion, amendment or repeal of any portion of the New Mexico
				administrative code in accordance with the State Rules Act.
B. PSD shall file policies with the New
				Mexico state records center and archives in accordance with the State Rules
				Act.
C. Emergency rules:
(1) For good cause, PSD may issue rules on an
				emergency basis without notice or hearing if the secretary determines that the
				immediate implementation is necessary for public peace, health, safety, or
				general welfare. An emergency rule is effective for no longer than 30 days
				unless published in the New Mexico register in accordance with 1.24.20 NMAC.
				Upon publication in the New Mexico register, emergency rules are converted to
				regular rules with such duration as stated in the published rule.
(2) Under CYFD's enabling statute, 9-2A-2(E)
				NMSA, PSD may also engage in "interim rule making," if the CYFD secretary
				certifies to the department of finance and administration that the CYFD has
				insufficient state funds to operate any of the programs it administers and that
				reductions in services or benefit levels are necessary.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 8 - CHILDREN, YOUTH AND FAMILIES GENERAL PROVISIONS › Part 2 - PROTECTIVE SERVICES GENERAL POLICIES › Section 8.8.2.12 - PROVISION OF SERVICES

Current through Register Vol. 35, No. 13, July 16, 2024
A. PSD
				shall make reasonable efforts to protect reported children from abuse and
				neglect, and when safely possible, to preserve the integrity of the family
				unit.
B. Provision of services is
				based upon the results of the assessment of the safety of the child, an
				assessment of the risk to the child, the protective capacities of the parent or
				guardian, and the availability of services.
C. Services shall be provided in a setting
				most consistent with the least restrictive alternatives and the case plan
				developed.
D. Provision of services
				shall not be dependent upon income certification or recertification for persons
				receiving the following services:
(1) child
				protective services;
(2) youth
				services;
(3) in-home
				services;
(4) child protective
				services childcare;
(5) permanency
				planning service for children; or
(6) adoption services for children.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 8 - CHILDREN, YOUTH AND FAMILIES GENERAL PROVISIONS › Part 2 - PROTECTIVE SERVICES GENERAL POLICIES › Section 8.8.2.13 - ADMINISTRATIVE REVIEWS AND APPEALS

Current through Register Vol. 35, No. 13, July 16, 2024
PSD shall provide a client with either an administrative
				  review or an administrative hearing to appeal a PSD decision, as outlined
				  below. The outcome of an administrative review or hearing is final except as
				  otherwise provided by law or these policies.
A. Administrative review:
(1) An administrative review shall be used in
				the following instances:
(a) removal of
				children in foster care when the children have been in placement with the
				family for longer than six months;
(b) removal of adoptive children prior to
				finalization;
(c) denial of a
				resource family license application;
(d) denial of the resource family's request
				to adopt foster children placed in their home, if the children have been placed
				with the resource family for longer than six months;
(e) denial of transition support
				services;
(f) the substantiation of
				an abuse or neglect investigation unless the issue is in litigation in a
				pending children's court case;
(g)
				the substantiation of a past abuse or neglect investigation that has been
				revealed by a present criminal record check where the records fails to show
				that PSD provided notice or an opportunity for a review, unless the issue was
				litigated in a children's court case; or
(h) denial of certification as an independent
				investigator or adoption counselor.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 8 - CHILDREN, YOUTH AND FAMILIES GENERAL PROVISIONS › Part 2 - PROTECTIVE SERVICES GENERAL POLICIES › Section 8.8.2.14 - DATA COLLECTION AND MANAGEMENT INFORMATION

Current through Register Vol. 35, No. 13, July 16, 2024
PSD shall collect client and services information and records
				  that information in the agency's management information system, family
				  automated client tracking system (FACTS).
A. FACTS is the state of New Mexico's SACWIS
				system and shall be used to conform with federal NCANDS and AFCARS reporting
				requirements.
B. PSD shall produce
				reports containing statewide or county-based data for use in monitoring and
				tracking performance and outcomes.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 8 - CHILDREN, YOUTH AND FAMILIES GENERAL PROVISIONS › Part 2 - PROTECTIVE SERVICES GENERAL POLICIES › Section 8.8.2.15 - CONFIDENTIALITY

Current through Register Vol. 35, No. 13, July 16, 2024
All PSD staff and CFYD contractors shall maintain
				  confidentiality of records and information in accordance with the laws and
				  regulations that apply to specific services.
A.
Abuse and neglect records:
Abuse and neglect records are confidential pursuant to the New Mexico
				Children's Code 32A-4-33(A) NMSA. CYFD may release the identity of a reporting
				party only with the reporting party's consent or with a court order (See
				Protective Services Legal Policies, Subsection A of 8.10.7.10 NMAC).
B.
Foster care and adoption
				records:
Under CYFD's general rule making authority Section
				9-2A-7
				NMSA, the confidentiality provisions of the Children's Code, Sections 32A-3B-22
				and 32A-4-33 NMSA, the specific authority related to certification of foster
				homes, Section 40-7-4(D) and the Adoption Act, Sections 32A-5-6 and 32A-5-8
				NMSA, all client case records and client identifying information including
				foster and adoptive families, and applicant files are confidential and may not
				be publicly disclosed. PSD may release such files only upon a valid court order
				provided that confidential criminal and abuse and neglect information may not
				be released, unless a court order specifically orders such a release.
C.
Records related to an adoption
				proceeding:
Records related to an adoption proceeding are confidential
				pursuant to the Children's Code, Section 32A-5-8 NMSA. Post decree adoption
				records: Guidance on obtaining access of post decree adoption records by an
				adult adoptee, biological parent of an adult adoptee, sibling of an adoptee, or
				adoptive parent of a minor adoptee is outlined in the Adoption Act Regulations,
				Subsection C of 8.26.3.41 NMAC.
D.
Social security administration electronic records:
Any
				information obtained through the social security administration (SSA) data
				system, ISD2, either directly or from another individual with access to the
				ISD2, is confidential. Improper access, use or disclosure of ISD information is
				a violation of the Privacy Act of 1974 (
				5
				U.S.C. Section 552 a, Public Law No 93-579),
				and could result in civil and criminal sanctions pursuant to applicable federal
				statutes. When a PSD worker becomes aware of a loss or suspected loss of any
				file containing ISD information (whether a hard copy file, or on a laptop,
				removable drive, etc.), that worker shall notify CYFD office of the general
				counsel (OGC) within one hour of the discovery of the loss.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 8 - CHILDREN, YOUTH AND FAMILIES GENERAL PROVISIONS › Part 2 - PROTECTIVE SERVICES GENERAL POLICIES › Section 8.8.2.16 - VENDOR AND PROVIDER PAYMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				PSD shall collect social security or tax identification numbers for all vendors
				and providers.
B. PSD seeks
				recovery of all overpayments made.
C. Any demands for payments shall be
				submitted within 45 days of the service delivery or the date the charges were
				incurred or else payment is denied.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 8 - CHILDREN, YOUTH AND FAMILIES GENERAL PROVISIONS › Part 2 - PROTECTIVE SERVICES GENERAL POLICIES › Section 8.8.2.17 - CRITICAL INCIDENT REVIEW

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				CYFD office of the general counsel (OGC) may direct PSD to conduct an internal
				review of any critical incident which may include, but is not limited to:
(1) a serious injury or death of a child in
				PSD custody or with a PSD history;
(2) high profile cases with PSD history or
				involvement;
(3) abuse or neglect
				allegations involving a foster or adoptive parent; and
(4) allegations involving PSD employees,
				stipend students, or volunteers.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 8 - CHILDREN, YOUTH AND FAMILIES GENERAL PROVISIONS › Part 2 - PROTECTIVE SERVICES GENERAL POLICIES › Section 8.8.2.18 - QUALITY ASSURANCE

Current through Register Vol. 35, No. 13, July 16, 2024
A. PSD's
				quality assurance unit shall provide regularly scheduled case reviews of a
				sample of cases in PSD county offices to evaluate the provision of services in
				the areas of safety, permanency and well-being.
(1) The purpose of the quality assurance unit
				shall be to provide reliable and valid performance and outcome data that will
				be used to improve safety, permanency and well-being outcomes for children and
				families.
(2) The quality assurance
				unit shall use the federally approved child and family services (CFSR)
				instrument.
(3) The quality
				assurance unit shall review in-home and foster care cases.
(4) The quality assurance unit shall notify
				the county office manager and deputy director immediately about specific cases
				that have safety issues identified during the county office quality assurance
				review.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 8 - CHILDREN, YOUTH AND FAMILIES GENERAL PROVISIONS › Part 2 - PROTECTIVE SERVICES GENERAL POLICIES › Section 8.8.2.19 - FOSTER CARE GOALS

Current through Register Vol. 35, No. 13, July 16, 2024
No more than 22% of the total number of children in foster
				  care will have been in foster care for over 24 months at any given point during
				  the fiscal year.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 8 - CHILDREN, YOUTH AND FAMILIES GENERAL PROVISIONS › Part 2 - PROTECTIVE SERVICES GENERAL POLICIES › Section 8.8.2.20 - FAMILY CENTERED MEETINGS

Current through Register Vol. 35, No. 13, July 16, 2024
The family-centered meeting (FCM) is a facilitated meeting
				  where PSD workers and supervisors shall meet with parents, guardians, and other
				  for the purpose of safety planning, case planning and decision
				  making.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 8 - CHILDREN, YOUTH AND FAMILIES GENERAL PROVISIONS › Part 2 - PROTECTIVE SERVICES GENERAL POLICIES › Section 8.8.2.21 - QUALIFICATIONS AND TRAINING OF STAFF

Current through Register Vol. 35, No. 13, July 16, 2024
Protective services division staff shall meet minimum
				  qualifications as determined by their positions and job functions, and
				  participate in formal pre-service and annual training as required by
				  CYFD.
A. All PSD staff shall be trained
				in their legal duties to protect the constitutional and statutory rights of
				children and families from the initial time of contact, during the
				investigation and throughout the provision of services.
B. All PSD staff shall receive training in
				carrying out the provision of services to children and families in a manner
				that is respectful of 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.
C. Protective
				services supervisors and county office managers shall receive training in
				supervision as soon as possible of commencing supervision or employment as a
				supervisor or county office manager.
D. All PSD field staff child protective
				services social and community services coordinators shall receive formal
				pre-service training as soon as possible after employment. Staff shall not be
				assigned primary case assignment until they have completed all pre-service
				training requirements, including on the job training.
E. All PSD field staff, supervisors, and
				county office managers shall participate in in-service training as required by
				PSD management.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 8 - CHILDREN, YOUTH AND FAMILIES GENERAL PROVISIONS › Part 2 - PROTECTIVE SERVICES GENERAL POLICIES › Section 8.8.2.22 - EMPLOYEE AND STUDENT BACKGROUND CHECKS

Current through Register Vol. 35, No. 13, July 16, 2024
PSD requires that employees, as well as volunteers and
				  students working in PSD offices, submit to criminal records checks (CRC) and
				  abuse and neglect background checks prior to beginning employment or other
				  assignment.
A.
Level 1:
Level 1 background checks shall involve a state CRC only. This level shall be
				required for administrative staff and management where duties do not include
				direct client contact or providing direct client service.
B.
Level 2:
Level 2 background
				checks shall involve a state CRC and a FACTS child abuse or neglect check. This
				level shall be required for volunteers and students (excluding stipend students
				in practicum placements, for whom Level 3 checks shall be required) who provide
				services to clients and are supervised by a PSD employee.
C.
Level 3:
Level 3 background
				checks shall involve state and FBI CRCs and a FACTS child abuse or neglect
				check. This level shall be required for employees who will have unsupervised
				direct contact with clients as well as for stipend students in practicum
				placements, see herein at Subsection T of 8.8.2.7 NMAC.
D.
Disqualifiers:
If a CRC or
				FACTS check reveals a criminal record or a substantiated abuse or neglect
				referral, the application shall be reviewed by CYFD human resources division to
				determine whether or not that record or referral disqualifies the applicant
				from employment, service as a volunteer, or student placement.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 8 - CHILDREN, YOUTH AND FAMILIES GENERAL PROVISIONS › Part 2 - PROTECTIVE SERVICES GENERAL POLICIES › Section 8.8.2.23 - EMPLOYEE SAFETY

Current through Register Vol. 35, No. 13, July 16, 2024
A. PSD requires
				pre-service training and encourages practice which helps protect the safety of
				its employees.
B. Workers shall
				report to management any situations or circumstances that they believe are
				unsafe. PSD management shall assist the worker in structuring the situation to
				enhance the safety for the worker.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 8 - CHILDREN, YOUTH AND FAMILIES GENERAL PROVISIONS › Part 2 - PROTECTIVE SERVICES GENERAL POLICIES › Section 8.8.2.24 - CONFLICT OF INTEREST

Current through Register Vol. 35, No. 13, July 16, 2024
PSD employees shall not have primary responsibility for cases
				  in which the employee has a close personal relationship with the client or a
				  principal in the case or in which the client is a relative. In the event of the
				  above, the employee will immediately report the relationship to the supervisor
				  and another employee will be assigned to the case.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 8 - CHILDREN, YOUTH AND FAMILIES GENERAL PROVISIONS › Part 2 - PROTECTIVE SERVICES GENERAL POLICIES › Section 8.8.2.25 - STATE AND FEDERAL REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Audits:
PSD shall participate in required state and federal
				audits including but not limited to the federal Title IV-E foster care
				eligibility review, the federal child and family services review, and state
				audits.
B.
Federal
				reports:
PSD shall complete federal reporting requirements, including
				but not limited to, include the child and family services plan, the annual
				progress and services report, Title XX of the social security block grant, the
				national youth in transition database, AFCARS, and NCANDS.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 8 - CHILDREN, YOUTH AND FAMILIES GENERAL PROVISIONS › Part 2 - PROTECTIVE SERVICES GENERAL POLICIES › Section 8.8.2.26 - RANDOM MOMENT SAMPLING (RMS)

Current through Register Vol. 35, No. 13, July 16, 2024
PSD shall participate in RMS consistent with CYFD's federally
				  approved cost allocation plan.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 8 - CHILDREN, YOUTH AND FAMILIES GENERAL PROVISIONS › Part 2 - PROTECTIVE SERVICES GENERAL POLICIES › Section 8.8.2.27 - CYFD SUPERVISORY FRAMEWORK

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico's children, youth and families department seeks
				  to ensure quality supervision is provided to staff across all child welfare
				  services and managerial levels within protective services that aligns with the
				  mission and values of the agency, as well as to ensure that supervisory
				  practice is conducted within the mandatory framework. The supervisory framework
				  includes educational, administrative and supportive functions. The following
				  statements reflect the agency's best practice standards regarding families, how
				  the case process should work, where children should live, working in teams,
				  importance of families' culture, collaboration and partnerships.
A. Regarding families, best practices
				include:
(1) children, youth, young adults and
				parents are the experts on their own lives, are motivated to recognize their
				strengths and needs, and must have a lead role in working toward change that
				matches their developmental abilities;
(2) caseworkers must base their relationships
				with children, youth, young adults and parents on mutual trust and respect,
				using open, honest, skillful, informed and transparent communication;
(3) networks of support (extended family,
				other fictive kin and naturally occurring support systems) and all resource
				families are vital to the wellbeing and success of the people served by the New
				Mexico CYFD;
(4) it is essential to
				maintain parent, sibling, and extended family connections through frequent
				family visitation in safe and natural settings;
(5) children, youth, young adults, and
				parents are full partners who bring a unique perspective that must be heard and
				valued; as such, CYFD strives to engage them in all aspects of practice and
				system improvements.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 8 - CHILDREN, YOUTH AND FAMILIES GENERAL PROVISIONS › Part 3 - GOVERNING BACKGROUND CHECKS AND EMPLOYMENT HISTORY VERIFICATION › Section 8.8.3.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule has general applicability to operators, volunteers,
				  including student interns, staff and employees, and prospective operators,
				  staff and employees, of child-care facilities, including every facility, CYFD
				  contractor, program receiving CYFD funding or reimbursement, the administrative
				  office of the courts (AOC) supervised visitation and safe exchange program, or
				  other program that has or could have primary custody of children for twenty
				  hours or more per week, juvenile treatment facilities, and direct providers of
				  care for children in including, but not limited to the following settings:
				  Children's behavioral health services and licensed and registered child care,
				  including shelter care.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 8 - CHILDREN, YOUTH AND FAMILIES GENERAL PROVISIONS › Part 3 - GOVERNING BACKGROUND CHECKS AND EMPLOYMENT HISTORY VERIFICATION › Section 8.8.3.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
The statutory authority for these regulations is contained in
				  the Criminal Offender Employment Act, Section
				  28-2-1 to
				  28-2-6
				  NMSA and in the New Mexico Children's and Juvenile Facility Criminal Records
				  Screening Act, Section
				  32A-15-1 to
				  32A-15-4 NMSA 1978
				  Amended.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 8 - CHILDREN, YOUTH AND FAMILIES GENERAL PROVISIONS › Part 3 - GOVERNING BACKGROUND CHECKS AND EMPLOYMENT HISTORY VERIFICATION › Section 8.8.3.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
October 1, 2016, unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 8 - CHILDREN, YOUTH AND FAMILIES GENERAL PROVISIONS › Part 3 - GOVERNING BACKGROUND CHECKS AND EMPLOYMENT HISTORY VERIFICATION › Section 8.8.3.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
A. The purpose of
				these regulations is to set out general provisions regarding background checks
				and employment history verification required in settings to which these
				regulations apply.
B. Background
				checks are conducted in order to identify information in applicants'
				backgrounds bearing on whether they are eligible to provide services in
				settings to which these regulations apply.
C. Abuse and neglect screens of databases in
				New Mexico are conducted by BCU staff in order to identify those persons who
				pose a continuing threat of abuse or neglect to care recipients in settings to
				which these regulations apply. Applicants required to obtain background checks
				pursuant to 8.16.2 NMAC and 8.17.2 NMAC will also undergo a screen of abuse and
				neglect information and an inter-state criminal history check in each State
				where the applicant resided during the preceding five years.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 8 - CHILDREN, YOUTH AND FAMILIES GENERAL PROVISIONS › Part 3 - GOVERNING BACKGROUND CHECKS AND EMPLOYMENT HISTORY VERIFICATION › Section 8.8.3.8 - APPLICABILITY

Current through Register Vol. 35, No. 13, July 16, 2024
These regulations apply to all licensees and direct providers
				  of care in the following settings:
A.
				behavior management skills development;
B. case management services;
C. group home services;
D. day treatment services;
E. residential treatment services;
F. treatment foster care services agency
				staff;
G. licensed child care
				homes;
H. licensed child care
				centers;
I. registered child care
				homes;
J. licensed shelter
				care;
K. licensed before and after
				school care;
L. non-licensed or
				exempt after school programs participating in the at risk component of the
				child and adult care food program;
M. comprehensive community support
				services;
N. CYFD contractors and
				any other programs receiving CYFD funding or reimbursement; and
O. AOC supervised visitation and safe
				exchange program providers.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 8 - CHILDREN, YOUTH AND FAMILIES GENERAL PROVISIONS › Part 3 - GOVERNING BACKGROUND CHECKS AND EMPLOYMENT HISTORY VERIFICATION › Section 8.8.3.9 - NON-APPLICABILITY

Current through Register Vol. 35, No. 13, July 16, 2024
A. These
				regulations do not apply to the following settings, except when otherwise
				required by applicable certification requirements for child and adolescent
				mental health Services 7.20.11 NMAC or to the extent that such a program
				receives funding or reimbursement from CYFD:
(1) hospitals or infirmaries;
(2) intermediate care facilities;
(3) children's psychiatric centers;
(4) home health agencies;
(5) diagnostic and treatment centers;
				and
(6) unlicensed or unregistered
				child care homes.