New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 371 - DEVELOPMENTAL DISABILITIES › Part 8 - (APPENDIX B) DISPUTE RESOLUTION PROCESS › Section 8.371.8.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
"Coordinator"
: The
Jackson
coordinator or the
				dispute resolution process coordinator or their designees.
B.
"Days":
Calendar days, except
				where otherwise specified.
C.
"Defendants":
The defendants in
Jackson et al. v. Fort
				Stanton, et al.,
Civ. No. 87-839 JP who are represented by the
				attorney general. If notice is to be provided to the defendants, it shall be
				provided to the attorney general.
D.
"Division":
The developmental
				disabilities division of the health care authority. If notice is to be provided
				to the division it shall be provided to the
Jackson
coordinator.
E.
"Dispute
				resolution process coordinator"
: The developmental disabilities division
				employee who, under the supervision of the
Jackson
coordinator, is responsible for the coordination and implementation of the
				dispute resolution process.
F.
"Facility"
: Fort Stanton hospital and training school or Los Lunas
				center for persons with developmental disabilities.
G.
"Helper"
: Someone who knows
				the individual's capabilities, interests, likes and dislikes, who communicates
				with the individual and assists the individual with communication. The helper,
				if any, is to be chosen by the individual or, if none is chosen by the
				individual and the individual does not object, by the facility's director of
				social work or the individual's case manager.
H.
"Individual"
: A person
				currently residing in Fort Stanton hospital and training school or Los Lunas
				center for persons with developmental disabilities or a class member who has
				moved to the community in New Mexico through the ITP process.
I.
"Intervenors:
The members of
				the plaintiff-Intervenor-class in
Jackson v. Fort Stanton
, as
				they may be defined by the court and who are represented by attorneys Kent
				Winchester and Vernon Salvador.
J.
"
Jackson
coordinator":
The developmental
				disabilities division employee who is responsible for various aspects of the
				division's implementation of the court's orders in
Jackson v. Fort
				Stanton
.
K.
"Parent/
				guardian":
The court-appointed guardian of an adult individual or the
				custodial parent(s) if the individual is a minor.
L.
"Parties":
The individuals
				and entities identified in Section 9 who may initiate the DRP. As this term is
				used in subsequent sections of this DRP, it also includes:
(1) The intervenors in their capacity as
				representative of each parent/guardian of each individual residing in Fort
				Stanton and Los Lunas who is a member of the plaintiff-intervenor-class, unless
				the parent/guardian has chosen a representative other than
				intervenors;
(2) The plaintiffs in
				their capacity as representative of each individual residing in Fort Stanton
				and Los Lunas who is a member of the plaintiff-class, unless the individual has
				chosen a representative other than plaintiffs;
(3) Any other representative chosen in place
				of intervenors or plaintiffs; and
(4) The office of the attorney general in its
				capacity as representative of the authority or the authority's office of
				general counsel.
(5) If a dispute
				involves a facility IPP or community ISP, the term "parties" does not include
				the intervenors or the plaintiffs. Intervenors and plaintiffs may participate
				in a facility IPP or community ISP dispute only as the representative of an
				individual or parent/guardian who chooses them to be their
				representative.