reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 26 - FOSTER CARE AND ADOPTION › Part 6 - COMMUNITY HOME LICENSING STANDARDS › Section 8.26.6.21 - COMMUNITY HOME REPORTS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Annual reports:
The community home shall submit to PSD an annual
				statistical report of the services provided by the community home.
B.
Report format:
Annual
				reports shall be prepared on forms provided by PSD and include all the
				information required therein, including, but not limited to:
(1) total number of children placed during
				the reporting period;
(2) total
				number of children discharged from the community home during the reporting
				home;
(3) all complaints,
				incidents, and abuse and neglect reports with complaint's identifying
				information made regarding specific homes and information regarding resolution
				of such; and
(4) children in PSD
				custody statistics:
(a) number of children in
				PSD custody placed in the community home during the reporting period;
(b) number of children in PSD custody
				discharged from community home placement during the reporting period;
(c) number of children in PSD custody
				remaining in community home placement at the end of the reporting period;
				and
(d) identity (first name and
				last initial) and date of placement of children in PSD custody who have been in
				community home for more than six months.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 26 - FOSTER CARE AND ADOPTION › Part 6 - COMMUNITY HOME LICENSING STANDARDS › Section 8.26.6.22 - EMERGENCY RESPONSE PLAN

Current through Register Vol. 35, No. 13, July 16, 2024
A. As
				required by the federal Child and Family Services Improvement Act of 2006 and
				included in CYFD's federal child and family services plan, each community home
				shall develop and maintain a written emergency response plan.
B. The plan shall be developed within three
				months of the promulgation of these regulations, or within three months of
				initial licensure. PSD will review the plan during on-site visits.
C. Contact information shall be provided to
				PSD for alternative locations in which the community home would evacuate staff
				and children to in case of a wide scale emergency.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 26 - FOSTER CARE AND ADOPTION › Part 6 - COMMUNITY HOME LICENSING STANDARDS › Section 8.26.6.23 - PSD ROLE

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Annual on-site review:
PSD shall conduct annual on-site reviews as part
				of the community home's annual re-licensure.
B.
Investigations of abuse and neglect
				referrals in community homes:
PSD shall investigate all screened-in
				reports of allegations of abuse or neglect regarding children in accordance
				with CYFD protective services investigation policy and procedure. If a
				screened-out report involves a child in PSD custody, the child's PSD case
				worker shall conduct a safety assessment of the placement.
C.
On-site reviews and investigation
				authority:
PSD may conduct on-site reviews and interviews related to
				referrals of abuse and neglect, licensing violations, or complaints received by
				PSD related to the operation of the community home. Such reviews and interviews
				may be conducted at any time, with or without prior notice. In order to
				evaluate the safety and continuity of care for children placed in the community
				home, PSD may enter and inspect the community home's offices and physical
				facilities.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 26 - FOSTER CARE AND ADOPTION › Part 6 - COMMUNITY HOME LICENSING STANDARDS › Section 8.26.6.24 - VOLUNTARY COMMUNITY HOME CLOSURE

Current through Register Vol. 35, No. 13, July 16, 2024
When a community home voluntarily closes, the community home
				  shall notify PSD in writing at least 90 calendar days prior to the agency
				  beginning to move children to another agency or community home. The licensee
				  shall provide PSD a written plan summarizing the preparation and arrangements
				  for the care, custody and control of any children being
				  served.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 26 - FOSTER CARE AND ADOPTION › Part 7 - CITIZEN SUBSTITUTE CARE REVIEW › Section 8.26.7.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
Substitute Care Advisory Council, Regulation and Licensing
				  Department, P.O. Box 25101, Santa Fe, New Mexico 87504.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 26 - FOSTER CARE AND ADOPTION › Part 7 - CITIZEN SUBSTITUTE CARE REVIEW › Section 8.26.7.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule sets out the duties of the substitute care advisory
				  council relating to substitute care review boards pursuant to the citizen
				  substitute care review act Section
				  32A-8-1
et
				  seq
., NMSA 1978.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 26 - FOSTER CARE AND ADOPTION › Part 7 - CITIZEN SUBSTITUTE CARE REVIEW › Section 8.26.7.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Authority for Part 7 of Chapter 26 is found in Section
				  32A-8-1
et
				  seq
., NMSA 1978.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 26 - FOSTER CARE AND ADOPTION › Part 7 - CITIZEN SUBSTITUTE CARE REVIEW › Section 8.26.7.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
March 12, 2019 unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 26 - FOSTER CARE AND ADOPTION › Part 7 - CITIZEN SUBSTITUTE CARE REVIEW › Section 8.26.7.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule establishes council responsibilities, membership
				  criteria, and operating procedures for case reviews by board
				  members.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 26 - FOSTER CARE AND ADOPTION › Part 7 - CITIZEN SUBSTITUTE CARE REVIEW › Section 8.26.7.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
"Advisory
				committee"
means the six-member advisory committee appointed by the
				council.
B.
"Board"
means a substitute care review board established by the council for the purpose
				of reviewing cases.
C.
"Council"
means the substitute care advisory council.
D.
"Department"
means the
				children, youth and families department.
E.
"Member"
means an individual
				appointed by council staff and who maintains training, participation, and
				conduct expectations.
F.
"Staff"
shall include any individual employed or independently
				contracted by an entity contracting with the council or staff employed or
				independently contracted by the regulation and licensing department
				(RLD).
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 26 - FOSTER CARE AND ADOPTION › Part 7 - CITIZEN SUBSTITUTE CARE REVIEW › Section 8.26.7.8 - COUNCIL RESPONSIBILITIES

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				council shall elect a chair, vice-chair, and any other officers deemed
				necessary.
B. The council shall
				hold a meeting quarterly and at other times as determined by the chair.
(1) The agenda for the first quarter meeting
				shall include, but is not limited to:
(a) a
				review of prior fiscal year information for the purposes of identifying
				recommendations for the revision or enactment of statutes and revision or
				adoption of policies or procedures related to the issues regarding substitute
				care, including changes to the citizen substitute care review act;
				and
(b) the appointment of the
				advisory committee.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 26 - FOSTER CARE AND ADOPTION › Part 7 - CITIZEN SUBSTITUTE CARE REVIEW › Section 8.26.7.9 - MEMBERSHIP

Current through Register Vol. 35, No. 13, July 16, 2024
A. Recruitment:
(1) Staff will pursue ongoing recruitment of
				members.
(2) Recruitment will focus
				on including individuals who:
(a) are
				representative of the communities of New Mexico;
(b) have expertise in the prevention and
				treatment of child abuse and neglect;
(c) are adult former victims of child abuse
				and neglect; and
(d) meet
				eligibility requirements.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 26 - FOSTER CARE AND ADOPTION › Part 7 - CITIZEN SUBSTITUTE CARE REVIEW › Section 8.26.7.10 - ADVISORY COMMITTEE

Current through Register Vol. 35, No. 13, July 16, 2024
By June 30 of each year, the council shall determine the
				  process of reappointing or nominating members to serve on the advisory
				  committee to the council. The council shall appoint a six-member advisory
				  committee by October 1 of each year. Advisory committee members are appointed
				  to one-year terms and may be reappointed. The advisory committee shall meet
				  with the council at least once a year to present its recommendations on matters
				  relating to substitute care review.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 26 - FOSTER CARE AND ADOPTION › Part 7 - CITIZEN SUBSTITUTE CARE REVIEW › Section 8.26.7.11 - CASE INFORMATION REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Information necessary for staff to
				determine whether a case meets the priority criteria established by the council
				for review may include, but is not limited to the following:
(1) identifying information;
(2) court case number;
(3) department case number;
(4) department case name;
(5) date of custody;
(6) findings of fact for custody;
(7) affidavits;
(8) number of incidences of abuse or neglect,
				and an assessment of the severity of abuse or neglect;
(9) notation of any behavioral health issues
				of the child or a household member that are known to have previously caused
				behavior that may present a safety risk to the child;
(10) description of the department's
				reasonable efforts to identify and locate all relatives and conduct home
				studies with any fit and willing relative expressing an interest in providing
				permanency for the child;
(11)
				number and names of siblings to the child, and whether such siblings are placed
				in the same or different households;
(12) case plan(s);
(13) court orders, including all
				attachments;
(14) advanced calendar
				of expected court hearings;
(15)
				notices of judicial hearings;
(16)
				contact information for all parties and service providers to the
				case.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 26 - FOSTER CARE AND ADOPTION › Part 7 - CITIZEN SUBSTITUTE CARE REVIEW › Section 8.26.7.12 - DESIGNATION OF CASES FOR REVIEW

Current through Register Vol. 35, No. 13, July 16, 2024
No later than June 30 of each year, the council shall
				  designate priority criteria for reviews for the subsequent fiscal year. Such
				  criteria shall include consideration of the importance of:
A. sibling placements;
B. the frequency and severity of neglect or
				abuse;
C. the behavioral health
				status of household members;
D. the
				placement of children in households where there are no relatives of the
				children;
E. data related to
				demographics, and
F. relevant trend
				data.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 26 - FOSTER CARE AND ADOPTION › Part 7 - CITIZEN SUBSTITUTE CARE REVIEW › Section 8.26.7.13 - OPERATIONS OF BOARDS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Staff shall
				coordinate and facilitate boards for case reviews.
B. No person shall serve on a board prior to
				completing the application process established by the council.
C. No person shall serve on a board that
				involves a case review of a member's relative or a case for which a real,
				perceived, or potential conflict of interest exists.
D. A board shall meet at least quarterly in
				each judicial district to review cases designated for review. A board may meet
				more frequently at the discretion of staff.
E. A board shall have no fewer than two
				members, and no more than five members.
F. To the extent possible, the composition of
				each board shall be broadly representative of the community in which the board
				meets.
G. Staff will provide notice
				of board meetings to the known parties in a case scheduled for review, and
				afford those entitled to receive notice in the case an opportunity to
				participate in the board meeting.
H. Prior to each board meeting, staff will
				provide board members with case information.
I. Staff will submit a report of the board's
				findings and recommendations to the court and other parties entitled to receive
				notice of the review.
J. Staff may
				attend or designate a member to attend any judicial review on a case designated
				for review and comment to the court.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 26 - FOSTER CARE AND ADOPTION › Part 7 - CITIZEN SUBSTITUTE CARE REVIEW › Section 8.26.7.14 - INFORMATION TRACKING AND REPORTING

Current through Register Vol. 35, No. 13, July 16, 2024
Staff will report the following to the council by September
				  1st and at other times as requested, ensuring that
				  reports contain no confidential information:
A. Number of cases reviewed;
B. Number of cases where the board concurred
				and did not concur with the department's progress towards permanency, including
				a description for the reason for the determination of concurrence or
				non-concurrence;
C. Recommendations
				to the department, the council, the administrative office of the courts, and
				the interim legislative committees identified by the council;
D. Proposed amendments to 8.26.7 NMAC, if
				any; and
E. Any other information
				requested by the council.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 50 - CHILD SUPPORT ENFORCEMENT PROGRAM › Part 100 - GENERAL PROVISIONS › Section 8.50.100.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Public Assistance Act, Section 27-2-27 et seq., NMSA 1978.
				  The health care authority (HCA) is designated as the single state agency for
				  the enforcement of child and spousal support obligations pursuant to Title IV-D
				  of the Social Security Act (42 USC 651 et. seq.). Section
				  9-8-1 et seq. NMSA 1978 establishes the health care authority as a single,
				  unified department to administer laws and exercise functions relating to health
				  care facility licensure and health care purchasing and regulation.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 50 - CHILD SUPPORT ENFORCEMENT PROGRAM › Part 100 - GENERAL PROVISIONS › Section 8.50.100.8 - GENERAL PROGRAM DESCRIPTION

Current through Register Vol. 35, No. 13, July 16, 2024
Child support enforcement services include establishing
				  paternity, obtaining enforceable orders of support, collection and distribution
				  of on-going support and arrears, and medical support, as appropriate. Any case
				  with an enforceable order is an enforcement case, although some intake
				  functions, such as non-custodial party locate may be required in order to
				  enforce the order.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 50 - CHILD SUPPORT ENFORCEMENT PROGRAM › Part 100 - GENERAL PROVISIONS › Section 8.50.100.9 - PROGRAM SERVICES

Current through Register Vol. 35, No. 13, July 16, 2024
A. There
				are six major program services in child support enforcement, of which one or
				more may be appropriate for a particular case:
(1) non-custodial parent location;
(2) establishment of paternity;
(3) establishment of a support obligation
				(including medical support);
(4)
				collection and distribution of support payments (including spousal and medical
				support);
(5) enforcement of
				support obligation, (including medical and spousal support); and
(6) review and adjustment of support
				obligation.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 50 - CHILD SUPPORT ENFORCEMENT PROGRAM › Part 100 - GENERAL PROVISIONS › Section 8.50.100.10 - RESPONSIBILITY AND DELEGATION OF AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Pursuant to Section
				  27-2-27
				  et seq., NMSA 1978, the New Mexico human services department's child support
				  enforcement division (CSED) is the single and separate organizational unit
				  designated to administer Title IV-D of the Social Security Act. It is
				  responsible and accountable for the operation of the child support enforcement
				  program insuring that its functions are being carried out in accordance with
				  the relevant federal and state laws and regulations.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 50 - CHILD SUPPORT ENFORCEMENT PROGRAM › Part 100 - GENERAL PROVISIONS › Section 8.50.100.11 - ATTORNEY REPRESENTATION

Current through Register Vol. 35, No. 13, July 16, 2024
Per Subsection E of Section
				  27-2-27
				  et seq., NMSA 1978, the Title IV-D attorneys only represent the human services
				  department. There is no express or implied attorney-client relationship between
				  IV-D attorneys and applicants or recipients of IV-D services. Although
				  applicants and recipients of IV-D services may interact with IV-D attorneys
				  regarding their cases, the interaction with the IV-D attorneys does not
				  indicate any confidential relationship that the person would have with a
				  private attorney. All IV-D applicants and recipients are on notice that
				  information provided to the IV-D agency (either to IV-D staff or attorneys)
				  will not be disclosed to the general public, but may be used to collect support
				  from either parent. The IV-D agency reserves the right to invoke the attorney
				  work product privilege as it pertains to its attorneys and their work for the
				  IV-D agency.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 50 - CHILD SUPPORT ENFORCEMENT PROGRAM › Part 100 - GENERAL PROVISIONS › Section 8.50.100.12 - PRIVATE COUNSEL

Current through Register Vol. 35, No. 13, July 16, 2024
Applicants for Title IV-D child support services may hire
				  private legal counsel to represent their interests. The IV-D agency will
				  cooperate with private attorneys, to the extent that such cooperation does not
				  compromise the interests of the state. Applicants and their attorneys shall
				  keep the IV-D agency fully informed of any private proceedings. If applicants
				  or their legal representatives engage in conduct that is deemed to be
				  non-cooperative, the case shall be eligible for closure. The IV-D agency is
				  under no obligation to litigate any matters filed prose by the custodial party
				  or filed by a private attorney.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 50 - CHILD SUPPORT ENFORCEMENT PROGRAM › Part 100 - GENERAL PROVISIONS › Section 8.50.100.13 - CONFIDENTIALITY

Current through Register Vol. 35, No. 13, July 16, 2024
A. The Title IV-D
				agency has access to the entire Title IV-A case file and to material in the
				medicaid case file. Information contained in the Title IV-A and Title IV-D
				records is subject to federal and state confidentiality requirements. Federal
				and state law restrict the use or disclosure of information concerning
				applicants or recipients of program services to purposes directly connected
				with the administration of the Title IV-D program. No unauthorized use,
				dissemination or disclosure of information in the possession of the Title IV-D
				agency will be made or permitted. (See
				42 USC
				654(a) (26) and 45 CFR
				303.21). Department records are confidential and may not be released to third
				parties without a court order or as otherwise provided by federal or state law.
				Department records include, but are not limited to: address/locate information,
				audits, correspondence with other state agencies, payment records, distribution
				records, and employer information.
B. Unless authorized by federal law, no
				release of information concerning the whereabouts of persons subject to a
				protective order or about whom the state has reasonable evidence of domestic
				violence or child abuse shall be made.
C. A non-disclosure indicator will be entered
				on the child support enforcement system (CSES) and on the physical case file if
				a protective order or family violence affidavit is submitted. A court order for
				unsupervised visitation is not generally compatible with a non-disclosure
				indicator. A non-disclosure indicator will not be entered if a support order or
				divorce decree provides for unsupervised visitation, unless there is a specific
				court protective order.
D. The
				federal government may disclose confidential information on a New Mexico Title
				IV-D case in accordance with
				42 USC
				653.
E. All state and local staff and contractors
				who may have access to or be required to use confidential program data in the
				computerized support system will:
(1) be
				informed of applicable requirements and penalties, including those in section
				6103 of the Internal Revenue Service Code (26
				USC 6103) ;
(2) be adequately trained in security
				procedures; and
(3) be subject to
				have administrative penalties, including dismissal from employment, for
				unauthorized access to, disclosure, or use of confidential
				information.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 50 - CHILD SUPPORT ENFORCEMENT PROGRAM › Part 100 - GENERAL PROVISIONS › Section 8.50.100.14 - AUTHORIZED RELEASE OF INFORMATION

Current through Register Vol. 35, No. 13, July 16, 2024
Some information must be released to persons outside the
				  agency. IV-D staff will exercise caution in releasing information on a Title
				  IV-D case. Information should be released only after the identity of the
				  requestor and the right to receive the information is clearly established. The
				  burden of proving the legitimacy of a request is on the requestor.
A. Information may be released to the
				following parties:
(1) Applicants or
				recipients of Title IV-D services: Custodial and non-custodial parties of Title
				IV-D cases, their respective attorney of record, guardian, or power of attorney
				may obtain information concerning the receipt and distribution of payments,
				copies of legal documents filed in court on their case, public assistance
				benefits history, payment records, official notifications for a fee established
				by HSD, and correspondence from either the custodial or non-custodial party.
				They are not entitled to receive information that relates to the state's legal
				strategy or is otherwise protected by federal and state laws.
(2) Information may be released per the
				operational requirements of the program, subject to federal and state laws on
				confidentiality. Other agencies/requesters include, but are not limited to:
				district courts, credit reporting agencies, tax intercept programs, financial
				institutions, other Title IV agencies, medicaid agencies, authorized government
				agents (both federal and state authorized government agents must present
				adequate identification and permission from the individual concerned unless
				otherwise authorized to receive information), the federal office of child
				support enforcement and other state governmental bodies that are responsible
				for issuing licenses or holding money that is collectible by the Title IV-D
				agency.
(3) Congressional,
				executive or legislative inquiries - Congressional, executive and legislative
				inquiries are subject to all regulations governing confidentiality.
(4) Other individuals - Other individuals may
				obtain information through legal discovery procedures or from the custodial or
				non-custodial party.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 50 - CHILD SUPPORT ENFORCEMENT PROGRAM › Part 100 - GENERAL PROVISIONS › Section 8.50.100.15 - WRITTEN STATEMENTS OF COLLECTION PROVIDED TO RECIPIENTS OF IV-D SERVICES

Current through Register Vol. 35, No. 13, July 16, 2024
A. General
				written communication regarding collections: Upon a request from a recipient of
				Title IV-D services, the Title IV-D agency will make available a written
				statement, no more than twice a year, of payments made to the obligee by the
				obligor through the Title IV-D agency pursuant to an order for support, and the
				amount of any delinquency still owed to the obligee by the obligor.
B. Notice of collection of assigned support:
				The IV-D agency provides notice to recipients of benefits under Title IV-A of
				the Social Security Act of the amount of support payments collected for each
				quarter. No notice will be sent if:
(1) no
				collection is made in the quarter;
(2) the assignment is no longer in effect;
				and
(3) there are no assigned
				arrearages.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 50 - CHILD SUPPORT ENFORCEMENT PROGRAM › Part 100 - GENERAL PROVISIONS › Section 8.50.100.16 - CONTROLS AND REPORTING

Current through Register Vol. 35, No. 13, July 16, 2024
The Title IV-D agency maintains records necessary for the
				  proper and efficient operation of the state plan and for the reporting
				  accountability required by the federal office of child support enforcement
				  including records regarding the following:
A. application for support services available
				under the state plan;
B. location
				of non-custodial parties, action to establish paternity, and obtain and enforce
				support and the costs incurred in such action;
C. amount and sources of support collections
				and the distribution of these collections;
D. any fees charged or paid for support
				enforcement services;
E.
				administrative costs; and
F.
				statistical, fiscal, and other records necessary to the reporting
				required.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 50 - CHILD SUPPORT ENFORCEMENT PROGRAM › Part 100 - GENERAL PROVISIONS › Section 8.50.100.17 - CHANGE OF ADDRESS

Current through Register Vol. 35, No. 13, July 16, 2024
The Title IV-D agency and its representatives must verify an
				  individual's identity prior to changing the address and phone number in agency
				  records. The failure of a custodial party or non-custodial party to maintain a
				  valid address on file with the Title IV-D agency may result in one of the
				  following, as appropriate for that party: further enforcement actions, closure
				  of the Title IV-D case, or the surrender of support that has been determined to
				  be unclaimed property pursuant to 8.50.132 NMAC.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 50 - CHILD SUPPORT ENFORCEMENT PROGRAM › Part 105 - INTAKE › Section 8.50.105.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Public Assistance Act, Section 27-2-27 NMSA 1978. The health
				  care authority is designated as the single state agency for the enforcement of
				  child and spousal support obligations pursuant to Title IV-D of the Social
				  Security Act (42 USC
				  651 et. seq.). Section 9-8-1 et seq. NMSA
				  1978 establishes the health care authority (HCA) as a single, unified
				  department to administer laws and exercise functions relating to health care
				  facility licensure and health care purchasing and regulation.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 50 - CHILD SUPPORT ENFORCEMENT PROGRAM › Part 105 - INTAKE › Section 8.50.105.8 - PROVISION OF SERVICES

Current through Register Vol. 35, No. 13, July 16, 2024
The IV-D agency shall provide services to anyone who has
				  filed a proper application for services.
A. Services to residents and non-residents:
				Services will be made available to residents of other states on the same terms
				as to residents of the state of New Mexico. The IV-D agency shall not be
				required to provide services when neither party resides in the state of New
				Mexico and the state is not actively seeking reimbursement of public assistance
				paid. There is no citizenship requirement as a pre-condition for Title IV-D
				services.
B. Provision of services
				for recipients of other benefit programs: Federal regulations also require the
				IV-D agency to provide services equally to intrastate and interstate cases,
				including IV-D, IV-E, medicaid only, and non-IV-A cases. Information detailing
				the services offered by the IV-D agency, the responsibilities of the custodial
				party, the IV-D agency's fee schedule, and requirements to cooperate must be
				provided to all recipients of IV-A and medicaid benefits within five days of
				referral to the IV-D agency. The IV-A agency provides this information to all
				applicants/recipients of IV-A and medicaid benefits when the IV-A case is
				opened.
C. Provision of services
				when all dependents are emancipated:
(1)
				Intrastate cases: The IV-D agency will not accept an application or re-open a
				closed case for the establishment or enforcement of a support order when all
				dependents are emancipated. The existence of a public assistance benefit
				history does not obligate the IV-D agency to pursue or re-open a case when the
				dependents are emancipated.
(2)
				Interstate cases: The IV-D agency will not establish paternity or an order of
				support after all dependents are emancipated. The IV-D agency will, however,
				enforce an existing order of support when all dependents are emancipated in
				accordance with Section 40-6A-101 et seq. NMSA 1978.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 50 - CHILD SUPPORT ENFORCEMENT PROGRAM › Part 105 - INTAKE › Section 8.50.105.9 - NON-PUBLIC ASSISTANCE APPLICATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
The IV-D agency shall make applications for child support
				  services readily accessible to the public. When an individual requests an
				  application for IV-D services, the application shall be provided on the day the
				  individual makes the request in person. The application shall be sent within no
				  more than five working days of a written or telephone request. An application
				  is considered to be filed on the day it is received by the IV-D agency. The
				  IV-D agency shall not accept applications from individuals seeking to pursue
				  claims of parentage or support against their biological or adoptive
				  parents.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 50 - CHILD SUPPORT ENFORCEMENT PROGRAM › Part 105 - INTAKE › Section 8.50.105.10 - PROCESSING REFERRALS AND APPLICATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
For all cases appropriately referred and for all
				  applications, federal regulations mandate that within 20 calendar days of
				  receipt of an appropriate referral or application submitted to the IV-D agency,
				  the IV-D staff opens a case by establishing a case record. Based on an
				  assessment of the case to determine necessary action, within the same 20
				  calendar days the IV-D agency must:
A.
				solicit necessary and relevant information from the custodial party and other
				relevant sources;
B. initiate
				verification of information, which may include interviewing the custodial party
				to determine the next action on the case; and
C. if there is inadequate information to
				proceed, a request for additional information must be made or the case referred
				for parent location services.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 50 - CHILD SUPPORT ENFORCEMENT PROGRAM › Part 105 - INTAKE › Section 8.50.105.11 - GENERAL REQUIREMENTS FOR APPLICANTS AND RECIPIENTS OF IV-D BENEFITS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Title IV-D
				applicants and recipients: The state IV-D agency will provide services relating
				to the establishment of paternity or the establishment, modification, or
				enforcement of support obligations for a child, as appropriate, under the plan
				with respect to each child for whom:
(1)
				assistance is provided under the state program funded under Title IV-A of the
				Social Security Act;
(2) benefits
				or services for foster care maintenance are provided under the state program
				funded under Title IV-E of the Social Security Act;
(3) medical assistance is provided under the
				state plan approved under Title XIX of the Social Security Act and an
				assignment of support rights is indicated;
(4) any other child, if an individual, who is
				either a biological parent, adoptive parent, or a legal custodian of the child,
				applies for such services with respect to the child.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 50 - CHILD SUPPORT ENFORCEMENT PROGRAM › Part 105 - INTAKE › Section 8.50.105.12 - SUPPORT ASSIGNMENT AND COOPERATION REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Cooperation with the IV-D agency is
				required of all recipients of IV-D services regardless of public assistance
				benefit status. The IV-D agency pursues sanction and disqualification of
				recipients of services, as appropriate, and may close any IV-D case for a
				failure to cooperate. Cooperation includes, but is not limited to:
(1) providing all information regarding the
				identity and location of the absent parent (including the names of other
				persons who may have information regarding the identity or location of the
				absent parent);
(2) appearing for
				scheduled appointments;
(3)
				reviewing and signing forms and court documents;
(4) providing documentation relevant to the
				claim for an award of support;
(5)
				appearing at court or administrative hearings, as required;
(6) immediately notifying the IV-D agency if
				the dependent(s) is no longer in the care or custody of the custodial
				party;
(7) reporting all direct
				payments made to the custodial party prior to and during the provision of
				services by the IV-D agency;
(8)
				immediately notifying the IV-D agency if the dependent(s) is involved in
				adoption proceedings;
(9) keeping
				the IV-D agency informed of changes in contact information; and
(10) providing all requested information to
				the IV-D agency in a timely manner.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 50 - CHILD SUPPORT ENFORCEMENT PROGRAM › Part 105 - INTAKE › Section 8.50.105.13 - BENEFITS OF COOPERATION

Current through Register Vol. 35, No. 13, July 16, 2024
The establishment of a child's paternity may give the child
				  rights to future social security, veteran's or other government benefits as
				  well as inheritance rights should the non-custodial parent become disabled or
				  deceased. The amount established for child support (with medical support) under
				  child support award guidelines can help provide financially for the child.
				  Medical support in the form of private health insurance can help provide for
				  the medical needs of the child. Pursuant to federal law, the IV-D agency is
				  required to make determinations related to custodial party cooperation in
				  locating absent and alleged parents, establishing parentage, and establishing
				  and enforcing support obligations in Title IV-A cases.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 50 - CHILD SUPPORT ENFORCEMENT PROGRAM › Part 105 - INTAKE › Section 8.50.105.14 - GOOD CAUSE FOR REFUSAL TO COOPERATE

Current through Register Vol. 35, No. 13, July 16, 2024
In some cases it may be determined by the IV-D agency that
				  the IV-A or medicaid applicant recipient's refusal to cooperate is with good
				  cause.
A. Good cause may be claimed
				when the applicant's/recipient's cooperation in establishing paternity,
				securing child or medical support or pursuing liability for medical services is
				reasonably anticipated to result in the following:
(1) physical or emotional harm to the child
				for whom support is to be sought;
(2) physical or emotional harm to the
				caretaker/parent with whom the child is living that reduces the capacity to
				care for the child adequately.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 50 - CHILD SUPPORT ENFORCEMENT PROGRAM › Part 105 - INTAKE › Section 8.50.105.15 - DOMESTIC VIOLENCE AND CHILD ABUSE

Current through Register Vol. 35, No. 13, July 16, 2024
The IV-D agency ensures that no information is released that
				  may result in harm to any person related to a case. Reasonable evidence of
				  domestic violence or child abuse is defined as the existence of a protective
				  order or an affidavit completed by the requesting person that indicates there
				  is reasonable evidence that physical or emotional harm will occur if personal
				  and locate information is released in the administration of the case. If there
				  is an order for unsupervised visitation, the requestor must also demonstrate
				  through documentation that to limit the release of information by presenting a
				  copy of a protective order to the Title IV-D agency. The IV-D agency, however,
				  cannot protect the name of a person(s). A custodial party or a non-custodial
				  party using a substitute address pursuant to Section 40-13-11 NMSA 1978 must
				  inform the Title IV-D agency of their current address when they are no longer
				  participating in or have been denied the use of the substitute address through
				  the New Mexico secretary of state's office.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 50 - CHILD SUPPORT ENFORCEMENT PROGRAM › Part 106 - LOCATION › Section 8.50.106.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Public Assistance Act, Section 27-2-27 et seq., NMSA 1978.
				  The health care authority is designated as the single state agency for the
				  enforcement of child and spousal support obligations pursuant to Title IV-D of
				  the Social Security Act (42
				  USC 651 et. seq.). Section 9-8-1 et seq. NMSA
				  1978 establishes the health care authority (HCA) as a single, unified
				  department to administer laws and exercise functions relating to health care
				  facility licensure and health care purchasing and regulation.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 50 - CHILD SUPPORT ENFORCEMENT PROGRAM › Part 106 - LOCATION › Section 8.50.106.8 - LOCATION OF NON-CUSTODIAL PARENTS

Current through Register Vol. 35, No. 13, July 16, 2024
The state is required to use appropriate federal, interstate,
				  and local location sources and to use appropriate state agencies and
				  departments as authorized by state law in locating the non-custodial parent, or
				  their employer, and all sources of income and assets.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 50 - CHILD SUPPORT ENFORCEMENT PROGRAM › Part 106 - LOCATION › Section 8.50.106.9 - TIME FRAMES FOR PARENT LOCATE

Current through Register Vol. 35, No. 13, July 16, 2024
Federal regulations require that within 75 calendar days of
				  determining that location is necessary, the Title IV-D agency will access all
				  appropriate location sources.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 50 - CHILD SUPPORT ENFORCEMENT PROGRAM › Part 106 - LOCATION › Section 8.50.106.10 - VERIFICATION OF LOCATION

Current through Register Vol. 35, No. 13, July 16, 2024
Location information must be verified prior to service of
				  process. Federal regulations require that the Title IV-D case record contain
				  documentation of the date, time, and name of each location source, even when
				  the source failed to provide helpful information.
A. Location sources will be verified by a
				second source verification when necessary.
B. The following location sources are
				acceptable forms of location verification for single source verification:
(1) employer letter;
(2) driver's license or vehicle registration
				with a date of issuance which is 90 days or less;
(3) federal, state and local agencies and
				departments sources; and
(4)
				personal knowledge as to the non-custodial parent's where about where the
				person is willing to testify to that fact.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 50 - CHILD SUPPORT ENFORCEMENT PROGRAM › Part 106 - LOCATION › Section 8.50.106.11 - THE STATE PARENT LOCATOR SERVICE

Current through Register Vol. 35, No. 13, July 16, 2024
The New Mexico Title IV-D agency established a state parent
				  locator service (SPLS) that operates out of the agency's central office. The
				  state parent locator service is authorized to submit location information
				  requests to the federal parent locator service. If all attempts to locate a
				  non-custodial parent fail at the local office level, these cases may be
				  referred to the state parent locator service provided that at least the
				  non-custodial parent's full name and either an approximate date of birth or
				  social security number are known.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 50 - CHILD SUPPORT ENFORCEMENT PROGRAM › Part 106 - LOCATION › Section 8.50.106.12 - FEDERAL PARENT LOCATOR SERVICE (FPLS)

Current through Register Vol. 35, No. 13, July 16, 2024
The Title IV-D agency may utilize the FPLS in accordance with
				  42 USC
				  653 and
				  45 CFR §
										303.70. All information obtained is subject
				  to federal and state laws regarding confidentiality of information.
Neither parties nor their respective private legal
				  representative may apply directly to the SPLS for FPLS information in parental
				  kidnapping and child custody cases. Parties or their respective legal
				  representative may, however, petition a state district court to request
				  location information from the FPLS concerning the absconding parent and missing
				  child. A party can request appropriate state officials who are authorized
				  persons to make a locate request. A state district court may request FPLS
				  information in connection with a child custody determination in adoption and
				  parental rights determination cases.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 50 - CHILD SUPPORT ENFORCEMENT PROGRAM › Part 106 - LOCATION › Section 8.50.106.13 - DECEASED PARTIES

Current through Register Vol. 35, No. 13, July 16, 2024
If a party or dependent is reported as deceased, the death
				  must be verified. Verification may consist of written verification from the
				  vital statistics bureau, office of the medical investigator or from any other
				  accepted official source.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 50 - CHILD SUPPORT ENFORCEMENT PROGRAM › Part 106 - LOCATION › Section 8.50.106.14 - STATE CASE REGISTRY

Current through Register Vol. 35, No. 13, July 16, 2024
The Title IV-D agency established a state case registry that
				  contains records with respect to:
A.
				each case in which services are being provided on or after October 1, 1998, by
				the state Title IV-D agency; and
B.
				each support order established or modified in the state on or after October 1,
				1998, whether or not the order was obtained by the Title IV-D agency. (Section
				27-1-8 et seq., NMSA 1978).
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 50 - CHILD SUPPORT ENFORCEMENT PROGRAM › Part 106 - LOCATION › Section 8.50.106.15 - LOCATOR INFORMATION FROM INTERSTATE NETWORKS

Current through Register Vol. 35, No. 13, July 16, 2024
The state Title IV-D agency is authorized to have access to
				  any system used by the state to locate an individual for purposes relating to
				  motor vehicle or law enforcement.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 50 - CHILD SUPPORT ENFORCEMENT PROGRAM › Part 106 - LOCATION › Section 8.50.106.16 - STATE DIRECTORY OF NEW HIRES

Current through Register Vol. 35, No. 13, July 16, 2024
The HCA established a state directory of new hires pursuant
				  to the state directory of New Hires Act ("Act"), Section 50-13-1 et seq., NMSA
				  1978. The HCA may, at its discretion, contract this service, as appropriate.
				  All information required by the act may be provided to a contractor designated
				  by the HCA.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 50 - CHILD SUPPORT ENFORCEMENT PROGRAM › Part 107 - DETERMINATION OF PARENTAGE › Section 8.50.107.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
To the general public. For use by the Title IV-D agency and
				  recipients of Title IV-D services.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 50 - CHILD SUPPORT ENFORCEMENT PROGRAM › Part 107 - DETERMINATION OF PARENTAGE › Section 8.50.107.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Public Assistance Act, Section 27-2-27 et seq., NMSA 1978.
				  The health care authority is designated as the single state agency for the
				  enforcement of child and spousal support obligations pursuant to Title IV-D of
				  the Social Security Act (42
				  USC 651 et. seq.). Section 9-8-1 et seq. NMSA
				  1978 establishes the health care authority (HCA) as a single, unified
				  department to administer laws and exercise functions relating to health care
				  facility licensure and health care purchasing and regulation.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 50 - CHILD SUPPORT ENFORCEMENT PROGRAM › Part 107 - DETERMINATION OF PARENTAGE › Section 8.50.107.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
July 1, 2024, unless a later date is cited at the end of a
				  section.