New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 14 - JUVENILE JUSTICE › Part 15 - NEW MEXICO JUVENILE DETENTION REQUIREMENTS › Section 8.14.15.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
"Action
				plan"
means a written document in response to a sanction submitted by
				the facility to the
department for approval which states those actions that the
				  program implements, with specific time frames and responsible parties for each,
				  to correct the deficiencies found by the department in the previous on-site
				  visit or review of documents.
B.
"Adjudicate"
means to make a finding of whether a child committed
				a delinquent act.
C.
"Administrator"
means the person in charge of the daily operation
				of the facility. The administrator may be the person named on the certification
				or an authorized representative of the applicant and/or designee.
D.
"Annual certification"
is an
				authorization to a facility to operate for a one year period of time. The
				effective date is noted on the face of the document. The annual certification
				is issued on an initial and renewal basis following investigation of an initial
				application for certification and/or the inspection of the facility by the
				department, unless a complaint is received during the certification period that
				warrants the issuance of a sanction.
E.
"Appearances"
means the act
				of the hearing officer in recording, for the record, the names of person(s)
				appearing at the hearing and their representatives, if any.
F.
"Appellant"
means the party
				seeking review of a final decision of the department.
G.
"Applicant"
means the county,
				municipality or other facility operator, in whose name a certification for a
				facility has been issued and who is legally responsible for compliance with
				applicable laws, standards or regulations.
H.
"Application"
means the
				forms, attachments and other writings and drawings required to be completed as
				part of the process of granting or denying an annual certification or
				provisional certification.
I.
"Authority"
means the New Mexico Children's Code, Section 32A-2-5;
				32A-2-9; 32A-2-11 as amended.
J.
"Burden of proof"
the burden of persuasion is on the party to
				convince the hearing officer of all elements of the case by a preponderance of
				the evidence.
K.
"Capacity"
means the number of beds available to the facility as
				established through certification standards without a waiver
				provision.
L.
"Certification"
means the document issued by the department which
				authorizes the operation of a facility pursuant to certification standards. The
				term "certification" may include an annual certification and provisional
				certification.
M.
"Collated
				facility"
means a facility located within or as part of or on the same
				immediate grounds of an existing county or municipal jail, or courthouse, which
				contains a jail, provided that all federal and state requirements for a
				collocated facility are met. No facility that is not an existing collocated
				facility, as of December 31, 1993, shall be certified as a collocated facility
				after that date.
N.
"Deficiency"
means a violation of, or failure to, comply with a
				provision(s) of these regulations.
O.
"Denial of an application and denial
				of annual certification"
means action by the department refusing to
				grant an annual certification or provisional certification.
P.
"Department"
means the New
				Mexico children, youth and families department.
Q.
"Detention screening tool"
means the instrument used to guide the detention decision.
R.
"Direct care staff"
means an
				employee of the facility who provides supervision, security, custody and
				control of facility residents; this excludes contractual personnel and
				volunteers.
S.
"Directed
				action plan"
means an action plan related to a sanction that the
				department writes and specifies that the facility must enforce within the
				specific time frame.
T.
"Direct supervision"
means direct care staff who provide direct
				supervision, observation, interaction and programming by being physically
				present with juveniles at all times.
U.
"Director"
means the director
				of the juvenile justice division of the New Mexico children, youth and families
				department.
V.
"Emergency
				suspension of certification"
means the department's prohibition of
				operation of a facility for a stated period of time by temporary withdrawal of
				the certification, prior to a hearing on the matter, when immediate action is
				required to protect human health and safety.
W.
"Facility"
means all juvenile
				detention facilities required to be certified by the department by authority of
				the New Mexico Children's Code, Section 32A-2-4, NMSA 1978, as
				amended.
X.
"Final
				decision"
means the written document following a hearing, stating the
				final determination of the secretary.
Y.
"Five-day hearing"
means the
				hearing noted in the emergency suspension order and notice of hearing. See the
				definition of "emergency suspension of certification" above.
Z.
"Health and safety
				deficiencies"
means non-compliance with any standard which relates to
				conditions or circumstances leading to death, physical harm, or psychological
				harm to recipient(s) of services or any pervasive conditions that pose a threat
				to the physical safety of occupants, or any pervasive neglect of residents or
				abuse of residents or the pervasive detainment of status offenders.
AA.
"Hearing officer"
means a
				person the secretary designates to conduct pre-hearing conferences, hearings,
				and issue reports and recommendations, based on the information produced at the
				hearing.
BB.
"Imminent
				danger"
means a danger which could reasonably be expected to cause death
				or serious harm to detained juveniles or staff and which requires immediate
				correction.
CC.
"Inspection"
means an entry into, and examination of the
				facility's premises, records, including staff interviews, interviews with
				juveniles, and any relevant information needed to show compliance with these
				standards.
DD.
"Juvenile"
means any person who is less than eighteen (18) years
				old.
EE.
"Certifying
				authority"
means the children, youth and families department.
FF.
"Long term"
means a separate
				or collocated facility certified to detain juveniles for longer than a (72)
				hour period.
GG.
"Maintenance"
means the care of building(s), by keeping them in a
				repaired and safe condition and the grounds in a safe, sanitary and presentable
				condition.
HH.
"Management"
means the juvenile detention center manager,
				supervisor, superintendent or administrator.
II.
"Official notice"
means
				information concerning the status of a facility's certification.
JJ.
"Partial compliance"
means
				that a facility is found to meet the conditions of participation, with moderate
				to few non-health and safety deficiencies and is able to receive a temporary
				certification so long as the implementation of a corrective action plan is
				achieved.
KK.
"Prospective
				applicant"
means the county, municipality or other facility operator, in
				whose name a certification for operation of a facility is submitted. The
				prospective applicant may be represented by the administrator or supervisor of
				the facility.
LL.
"Provisional certification"
means a temporary certification, not
				to exceed two (2) consecutive one hundred twenty (120) day provisional
				certifications, to operate a facility.
MM.
"Recipient"
means the person
				or entity who receives service of notice.
NN.
"Revocation of
				certification"
means the department's prohibition of operation of a
				facility by withdrawal of a certification.
OO.
"Sanctions"
means a measure
				imposed by the department for a violation(s) of certification
				standards.
PP.
"Standard of
				compliance"
means the degree of compliance required by these regulations
				is designated by the use of the words shall and must and may. Shall and must
				designate mandatory requirements that may not be waived. May is permissive and
				designates other requirements that may be determined to be non-applicable by
				the department.
QQ.
"Secretary"
means the secretary of the New Mexico children, youth
				and families department.
RR.
"Serious incident"
means environmental hazards, arrest or
				detention or situations that require emergency services. Environmental hazards
				include unsafe conditions which create immediate threat to life or safety,
				including but not limited to fire and contagious disease requiring quarantine.
				Emergency services include unanticipated admission to a hospital, other
				psychiatric facility, or the provision of emergency services including, but not
				limited to, treatment for broken bones, cuts requiring sutures, poisoning,
				contagious diseases requiring quarantine, burns requiring specialized medical
				treatment, medication under-dose or overdose requiring treatment, or incidents
				between residents or residents and staff resulting in physical or psychological
				harm or which could result in psychological harm, or a confrontation between
				staff(s) or resident(s) that results in any restraint, use of force or
				behavior-management technique, or other conditions requiring specialized
				treatment at an urgent care center, emergency room or by EMS.
SS.
"Severability"
means if any
				part or application of these regulations is held invalid, the remainder or its
				application to other situations or persons shall not be effected.
TT.
"Six (6) hour certification"
means a certified facility that may only detain juveniles for no more than a
				six (6) hour period for the purpose of arranging transportation and/or
				release.
UU.
"Forty-eight
				(48) hour certification"
means a certified facility that may only detain
				juveniles for no more than forty-eight (48) hour period for the purpose of
				arranging transportation and/or release.
VV.
"Status offender"
means a
				runaway, a truant, and/or a juvenile who has committed a status offense that is
				not classified a delinquent act (exception: out-of-state runaway juveniles as
				mandated by state and/or federal law).
WW.
"Substantial compliance"
means that a facility is found to meet the conditions of participation, without
				deficiencies, or with minor to few non-health and safety deficiencies, and is
				able to receive full certification.
XX.
"Suspension of
				certification"
means the department's prohibition of operation of a
				facility for a stated period of time through withdrawal of the certification,
				after notice and an opportunity for a hearing.
YY.
"Supervision"
means the
				direct observation and guidance by adult staff at all times by being physically
				present with the juveniles and/or through video monitoring with direct
				observation.
ZZ.
"Usage"
means the masculine pronoun includes the feminine and
				neuter, and, the singular number includes the plural and the plural includes
				the singular.
AAA.
"Waiver"
means a temporary or provisional certification to operate
				a facility which is in non-conformance with the standards for a period of time
				set by the secretary. A waiver from the department may be granted to a facility
				for up to two (2) years only. Any request for a waiver for re-certification of
				a waiver, denied by the department is not subject to the hearing process and
				procedures.
BBB.
"Working
				days"
means when determining compliance with various deadlines in these
				regulations, Monday through Friday, of each calendar week, excluding state
				observed holidays.