reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 10 - CHILD PROTECTIVE SERVICES › Part 8 - PERMANENCY PLANNING › Section 8.10.8.16 - TERMINATION OF CUSTODY

Current through Register Vol. 35, No. 13, July 16, 2024
PSD's custody of a child shall terminate under the following
				  circumstances:
A. the court dismisses
				or terminates PSD's custody of a child;
B. a voluntary placement agreement
				expires;
C. court ordered custody
				of the child expires;
D. the child
				reaches the age of 18; or
E. a
				child in PSD's custody marries or joins the armed forces.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 10 - CHILD PROTECTIVE SERVICES › Part 8 - PERMANENCY PLANNING › Section 8.10.8.18 - EDUCATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. PSD shall
				develop a plan for transportation with the resource family and child, if age
				appropriate, in order for the child to remain in the same education setting in
				which the child was enrolled at the time of placement, if reasonable and in the
				child's best interest.
B. PSD shall
				work with the child's school to identify the child's educational needs and the
				need for an individualized education plan (IEP) and if appropriate, assist in
				the development of the IEP. For children with an IEP, the PSD worker shall
				assist the child and the child's school in implementing the IEP.
C. For children in eighth grade and older,
				PSD shall request and review the child's next step plan and actively
				participate in updating the plan each year with the child to prepare
				post-secondary educational goals.
D. An educational decision maker shall be
				appointed for every child in PSD custody. The educational decision maker shall
				be named prior to the custody hearing and shall be re-evaluated at every
				hearing thereafter.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 10 - CHILD PROTECTIVE SERVICES › Part 8 - PERMANENCY PLANNING › Section 8.10.8.19 - VISITATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. Family visits:
				PSD shall arrange for visitation between the child and their family or fictive
				kin as appropriate.
B. Sibling
				visits: PSD shall arrange for and facilitate visitation, as appropriate,
				between children in PSD custody and their siblings who are either in PSD
				custody, but not in same out of home placement, or siblings who are not in PSD
				custody including adult siblings.
C. Worker-child visits: PSD shall visit each
				child at least monthly in the child's placement to assess the placement for
				appropriateness in meeting the child's safety, emotional and well-being
				needs.
D. Worker-parent visits: PSD
				shall arrange for visits at least monthly with the parent, guardian or
				custodian to share information about the child and discuss case plan
				progress.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 10 - CHILD PROTECTIVE SERVICES › Part 8 - PERMANENCY PLANNING › Section 8.10.8.20 - OUT-OF-STATE PLACEMENTS OF FOSTER CHILDREN

Current through Register Vol. 35, No. 13, July 16, 2024
PSD shall visit each child in an out-of-state placement in
				  that placement at least every six months. PSD, in accordance with the
				  Interstate Compact for the Placement of Children (ICPC), shall request other
				  receiving state child welfare agencies to visit the child in their placement
				  monthly and provide PSD with reports on those visits.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 10 - CHILD PROTECTIVE SERVICES › Part 8 - PERMANENCY PLANNING › Section 8.10.8.21 - INTERSTATE COMPACT FOR THE PLACEMENT OF CHILDREN (ICPC)

Current through Register Vol. 35, No. 13, July 16, 2024
A. PSD may place children in custody in
				licensed out-of-state placements, and may accept children in the custody of
				another state for placement in New Mexico in accordance with the Interstate
				Compact for the Placement of Children (ICPC).
B. CYFD has no authority to license resource
				families in other states.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 10 - CHILD PROTECTIVE SERVICES › Part 8 - PERMANENCY PLANNING › Section 8.10.8.22 - SPECIAL IMMIGRANT JUVENILE STATUS (SIJS)

Current through Register Vol. 35, No. 13, July 16, 2024
If a child is a foreign national child without legal
				  permanent residency in the United States, PSD shall apply to the department of
				  homeland security's (DHS) citizen and immigration services (USCIS) to obtain
				  "special immigrant juvenile status" for the child.
A. In those cases in which a child is a
				foreign national child without legal permanent residency in the United States,
				and if the permanency plan does not include reunification with at least one
				parent and PSD does not recommend that the child be returned to the country of
				origin, PSD shall determine whether the child may be eligible for SIJS under
				federal law. Under federal law, in addition to legal requirements of being
				under court jurisdiction and the court making the necessary judicial
				determination, a child must be in the United States, unmarried and under the
				age of 21.
B. If the child is
				eligible for SIJS, PSD shall move the court for a SIJS order containing a
				judicial determination that the child is deemed unable to reunify with one or
				both parents due to abuse, neglect or abandonment, and that it is not in the
				child's best interest to return to the country of nationality or last habitual
				residence. PSD's motion shall include a statement of the express wishes of the
				child, as expressed by the child or the child's guardian ad litem or
				attorney.
C. If it has been
				determined that it is in the child's best interest to file a petition for SIJS
				and an application for adjustment of status, then within 60 days after an entry
				of the SIJS order, PSD shall file a petition for SIJS and an application for
				adjustment of status on behalf of the child.
D. The court order for SIJS must be filed and
				accepted by the court prior to the child turning age 18.
E. The children's court attorney shall
				request court jurisdiction and set review hearings pending the granting of
				SIJS. The children's court attorney shall provide judicial review reports for a
				child for whom the court has granted the SIJS order, and shall advise the court
				of the status of the petition and application process concerning the
				child.
F. The court's jurisdiction
				terminates upon the final decision of the federal authorities, however the
				court may not retain jurisdiction of the case after the child's twenty-first
				birthday.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 10 - CHILD PROTECTIVE SERVICES › Part 8 - PERMANENCY PLANNING › Section 8.10.8.23 - CONSULAR NOTIFICATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. Foreign
				national children: When PSD is given custody of a foreign national child, that
				is, a child who is not a citizen of the United States, PSD shall notify that
				child's foreign national consulate in writing without delay after obtaining
				custody. When PSD is given custody of a child who has at least one parent who
				is a foreign national of any country other than Mexico, PSD shall notify the
				appropriate foreign consulate except in cases in which notification may create
				a risk to the child's safety or may impede the goal of reunification of the
				child with their family.
B. Mexican
				national children: When PSD is given custody of a Mexican national child, that
				is, a child who is a national of Mexico or has at least one parent who is a
				national of Mexico, PSD shall notify the Mexican consulate without
				delay.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 10 - CHILD PROTECTIVE SERVICES › Part 8 - PERMANENCY PLANNING › Section 8.10.8.24 - PREVENTING, IDENTIFYING AND REPORTING SEX AND HUMAN TRAFFICKING AND REPORTING RUNAWAYS

Current through Register Vol. 35, No. 13, July 16, 2024
A. PSD
				shall identify, document, and determine appropriate services for children or
				youth who have disclosed or who may be at risk of being the victim of human
				trafficking.
B. PSD shall
				immediately, but no later than 24 hours, notify law enforcement of children or
				youth who PSD has identified as victims of sex or human trafficking.
C. PSD shall make reasonable efforts to
				locate children or youth missing from foster care, including determining the
				factors that led to the child or youth being absent from foster care. PSD shall
				also assess the child or youth's experience while absent from foster care,
				including whether the child or youth is a victim of sex or human
				trafficking.
D. PSD shall report
				immediately, but no later than 24 hours, after receiving information on missing
				or abducted children or youth to law enforcement authorities for entry into
				national crime information center (NCIC) database of the federal bureau of
				investigation.
E. PSD shall report
				immediately, but no later than 24 hours, after receiving information on missing
				or abducted children or youth to the national center for missing and exploited
				children.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 10 - CHILD PROTECTIVE SERVICES › Part 8 - PERMANENCY PLANNING › Section 8.10.8.25 - INCIDENTS INVOLVING CHILDREN IN CUSTODY

Current through Register Vol. 35, No. 13, July 16, 2024
A. Incidents in foster care may refer to a
				broad spectrum of events which may include, but are not limited to, reports of:
(1) alleged policy or procedures violations
				by resource parents, including resource parents failure to comply with case
				plans or safety plan requirements;
(2) alleged violations of the New Mexico
				foster child and youth bill of rights or the New Mexico foster youth document
				of responsibilities;
(3) serious
				illness or accidental injury of a child in foster care; or
(4) resource parent reporting concerns
				related to parent-child or sibling visitation; or
(5) child in care running away.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 10 - CHILD PROTECTIVE SERVICES › Part 8 - PERMANENCY PLANNING › Section 8.10.8.26 - TITLE IV-E AND MEDICAID ELIGIBILITY

Current through Register Vol. 35, No. 13, July 16, 2024
PSD shall determine funding eligibility for each child in PSD
				  custody.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 10 - CHILD PROTECTIVE SERVICES › Part 8 - PERMANENCY PLANNING › Section 8.10.8.27 - MAINTENANCE PAYMENTS AND INCIDENTALS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Resource families are reimbursed for the
				care provided to children at rates established by the state
				legislature.
B. Requests from
				resource families for reimbursements for pre-approved purchases must be
				submitted within 45 days of the expenditure.
C. PSD is not liable and shall not reimburse
				any person for any loss or property damage, real or personal, in excess of
				$25,000, that is shown to be caused by a child in PSD custody.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 10 - CHILD PROTECTIVE SERVICES › Part 8 - PERMANENCY PLANNING › Section 8.10.8.28 - FINANCIAL RESPONSIBILITY

Current through Register Vol. 35, No. 13, July 16, 2024
Until parental rights have been terminated, the child's
				  parents continue to be financially responsible for the child. PSD establishes a
				  children's maintenance account for children in PSD custody who receive monetary
				  benefits. Resources received on behalf of the child are used to reimburse PSD
				  for the child's care and to meet the needs of the child.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 10 - CHILD PROTECTIVE SERVICES › Part 8 - PERMANENCY PLANNING › Section 8.10.8.29 - COURT APPOINTED SPECIAL ADVOCATE (CASA) AND SUBSTITUTE CARE ADVISORY COUNCIL (SCAC)

Current through Register Vol. 35, No. 13, July 16, 2024
A. If the court
				has appointed a CASA, PSD shall involve and inform the CASA as required by the
				Children's Code.
B. PSD refers each
				child in custody to the SCAC as required by the New Mexico Children's Code. The
				SCAC provides the resource parent or relative providing care for the child with
				timely notice of and an opportunity to be heard before the SCAC. The notice and
				opportunity to be heard do not include the right to standing as a party in the
				case.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 10 - CHILD PROTECTIVE SERVICES › Part 8 - PERMANENCY PLANNING › Section 8.10.8.30 - CHILD PROTECTIVE SERVICES CHILD CARE

Current through Register Vol. 35, No. 13, July 16, 2024
A. PSD provides child protective services
				childcare as one part of a case for children and families receiving services to
				address child maltreatment safety and risk factors.
B. The purpose of protective services
				childcare is:
(1) to enable parents, guardians
				or custodians to participate in activities which are part of the comprehensive
				treatment plan;
(2) to enable
				resource parents to maintain employment, obtain job training and attend
				educational programs while children are in placement in the home; and
(3) to provide childcare as crisis
				intervention for those families who lack other resources, are at risk of child
				maltreatment, and unable to provide adequate care for their child.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 10 - CHILD PROTECTIVE SERVICES › Part 8 - PERMANENCY PLANNING › Section 8.10.8.31 - DOCUMENTATION AND CONFIDENTIALITY

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Documentation:
PSD shall maintain the case record, which consists
				of both the electronic record and the paper case record. The case record is a
				working tool and shall contain all documents necessary for the provision of
				services.
B.
Confidentiality:
All PSD staff and CYFD contractors shall maintain
				confidentiality of records and information in accordance with the laws and
				regulations that apply to specific services.
(1) Abuse and neglect records: Abuse and
				neglect records are confidential pursuant to the New Mexico Children's Code
				Subsection A of Section
				32A-4-33
				NMSA 1978. The name and information regarding the reporting party shall not be
				disclosed absent the consent of the reporting party or a court order.
(2) Foster care and adoption records: Under
				CYFD's general rulemaking authority Section
				9-2A-7
				NMSA 1978, the confidentiality provisions of the Children's Code, Sections
				32A-3B-22
				and
				32A-4-33
				NMSA 1978, the specific authority related to certification of foster homes,
				Subsection (D) of Section 40-7-4 and the Adoption Act, Sections
				32A-5-6
				and
				32A-5-8
				NMSA 1978, all client case records and client identifying information including
				resource 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.
(3) 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 1978. 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.
(4) 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
				552a, Public Law No 93-579), and could result
				in civil and criminal sanctions pursuant to applicable federal statutes. When a
				PSD 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.),
				PSD 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 10 - CHILD PROTECTIVE SERVICES › Part 9 - YOUTH SERVICES › Section 8.10.9.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Children, Youth and Families Department Act,
				  9-2A-7
				  D, NMSA 1978; New Mexico Children's Code, Section 32A-1-1, NMSA 1978 (Cum.
				  Supp. 2009).
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 10 - CHILD PROTECTIVE SERVICES › Part 9 - YOUTH SERVICES › Section 8.10.9.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
To establish standards and practices for the provision of
				  services to older youth aged 14 or older in protective services division
				  custody who are likely to age out of foster care at age 18, youth who have aged
				  out from foster care at age 18, and youth who were adopted from foster care
				  after the age of 16; to promote the safety of the youth, promote positive youth
				  development; and assist the youth in successfully transitioning into adult
				  living.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 10 - CHILD PROTECTIVE SERVICES › Part 9 - YOUTH SERVICES › Section 8.10.9.8 - PURPOSE OF YOUTH SERVICES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Youth services shall:
(1) assist youth in
				successfully transitioning into adult living;
(2) promote self-sufficiency;
(3) promote the safety, permanency and
				well-being of youth;
(4) promote
				positive youth development; and
(5)
				promote relationships with mentors and other supportive adults.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 10 - CHILD PROTECTIVE SERVICES › Part 9 - YOUTH SERVICES › Section 8.10.9.9 - ELIGIBILITY FOR YOUTH SERVICES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Youth services shall be provided to all youth in the custody of PSD through an
				abuse or neglect petition, or a family in need of court ordered services
				petition, including youth in residential treatment or incarcerated youth,
				runaway youth and youth with a partial or complete developmental, emotional or
				physical disability.
B. Eligibility
				requirements according are specific to services components within the youth
				services program. See 8.10.9.18-21 NMAC herein for eligibility requirements
				related to the specific service components.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 10 - CHILD PROTECTIVE SERVICES › Part 9 - YOUTH SERVICES › Section 8.10.9.10 - INDEPENDENT LIVING ASSESSMENT

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				All youth age 14 and older in PSD custody shall complete the initial
				independent living assessment (IL assessment) with his or her PPW.
B. The initial IL assessment consists of two
				components:
(1) the Casey life skills
				assessment; and
(2) a current
				psychosocial history focused on the youth's strengths and goals.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 10 - CHILD PROTECTIVE SERVICES › Part 9 - YOUTH SERVICES › Section 8.10.9.11 - LIFE SKILLS PLAN

Current through Register Vol. 35, No. 13, July 16, 2024
The life skills plan shall be developed to assist the youth
				  in successful transition to adulthood by establishing goals and addressing
				  strengths and needs as a result of the IL assessment.
A. The life skills plan shall be included as
				part of the case plan for each youth aged 14 and older in PSD custody. PSD
				shall present the life skills plan to the court prior to the first hearing
				after the youth's 14th birthday and every subsequent hearing, regardless of the
				youth's permanency plan. The case plan shall be developed using the result of
				the IL assessment and in consultation with the youth, and at the option of the
				youth, with up to two members of the case planning team who are chosen by the
				youth and who are not a foster parent of, or a caseworker for the youth. PSD
				may reject an individual selected by the youth to be a member of the case
				planning team at any time PSD has good cause to believe that individual would
				not act in the best interest of the youth. An individual selected by the youth
				to be a member of the youth's case planning team may be designated to be the
				youth's advisor, and as necessary, the youth's advocate with respect to the
				application of the reasonable and prudent parent standard to the youth. The PPW
				shall also solicit input from the YTS, the youth attorney, and the youth's
				foster care provider.
B. The life
				skills plan shall identify the activities, tasks, and services needed for the
				youth to develop the life skills necessary to safely transition into
				independent living as an adult regardless of whether the youth is reunified.
				The plan shall contain specific time frames and responsibilities for each
				activity included.
C.The plan shall
				be included in the youth's case plan and is reviewed by the court at every
				judicial review or permanency hearing.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 10 - CHILD PROTECTIVE SERVICES › Part 9 - YOUTH SERVICES › Section 8.10.9.12 - LIFE SKILLS DEVELOPMENT

Current through Register Vol. 35, No. 13, July 16, 2024
A. Life
				skills development shall be required for all youth in PSD custody regardless of
				permanency plan beginning no later than age 14. Life skills development is an
				individualized process of learning the knowledge and skills necessary to be
				successful in living as an adult. It may include, but is not limited to group
				learning, taking advantage of teachable moments, individual practice with
				out-of-home providers, and use of community resources.
B. The YTS shall assist each youth age 14 and
				older in obtaining a copy of his or her credit report at no cost to the youth.
				This process shall be completed on an annual basis until the youth is
				discharged from foster care.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 10 - CHILD PROTECTIVE SERVICES › Part 9 - YOUTH SERVICES › Section 8.10.9.13 - TRANSITION SUPPORT SERVICES

Current through Register Vol. 35, No. 13, July 16, 2024
Transition support services shall be provided by or arranged
				  by the YTS for the purpose of preparing and assisting youth in their transition
				  to adulthood. Services begin at the preparation for the transition meeting and
				  may continue until the youth turns 21 years of age. Youth in PSD custody shall
				  be eligible for transition support services. Youth who have aged out of foster
				  care at age 18 and youth 18 and 21 years of age who were adopted after the age
				  of 16 may request transition support services.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 10 - CHILD PROTECTIVE SERVICES › Part 9 - YOUTH SERVICES › Section 8.10.9.14 - YOUTH LEADERSHIP SKILLS

Current through Register Vol. 35, No. 13, July 16, 2024
PSD shall identify opportunities for youth in PSD custody to
				  develop leadership skills including, but not limited to membership in LUVYANM,
				  participation in the annual independent living youth conference, training and
				  public speaking. Youth who have aged out of foster care at age 18, and youth
				  who were adopted after the age of 16 may request to participate in youth
				  leadership skills development opportunities.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 10 - CHILD PROTECTIVE SERVICES › Part 9 - YOUTH SERVICES › Section 8.10.9.15 - YOUTH TRANSITION MEETING (YTM)

Current through Register Vol. 35, No. 13, July 16, 2024
Pursuant to the New Mexico Children's Code, Section
				  32A-4-25.2.A NMSA 1978, PSD shall conduct a transition meeting for each youth
				  in custody prior to the youth's 17th birthday. The meeting shall include the
				  youth, the YTS, the PPW and the youth attorney. The youth may choose to invite
				  other participants, such as biological family members or foster care providers.
				  The purpose of the meeting is to develop the youth's transition plan. (See
				  8.10.9.16 NMAC
				  below.)
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 10 - CHILD PROTECTIVE SERVICES › Part 9 - YOUTH SERVICES › Section 8.10.9.16 - TRANSITION PLAN

Current through Register Vol. 35, No. 13, July 16, 2024
A.Pursuant to
				the New Mexico Children's Code, Section 32A-4-25.2 A, B and C NMSA 1978, a
				written individualized transition plan shall be developed collaboratively with
				the participants present at the YTM.
B. The transition plan shall identify a
				youth's needs, strengths and goals in the areas of safety, housing, education,
				employment or income, health and mental health, local opportunities for mentors
				and continuing support services. The plan shall identify activities,
				responsibilities and timeframes to address the goals specified in the
				transition plan.
C. Pursuant to the
				New Mexico Children's Code, Section 32A-4-25.2 B and C NMSA 1978, PSD shall
				present the transition plan to the court at the first hearing scheduled after
				the child's 17th birthday. The court shall order the transition plan for the
				child. The transition plan approved by the court shall be reviewed at every
				subsequent review and permanency hearing.
D. The YTS shall review and update the
				youth's transition plan with the youth at least once, one month prior to the
				youth's 18th birthday.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 10 - CHILD PROTECTIVE SERVICES › Part 9 - YOUTH SERVICES › Section 8.10.9.17 - DISCHARGE HEARING

Current through Register Vol. 35, No. 13, July 16, 2024
A. Pursuant to
				the New Mexico Children's Code, Section 32A-4-25.3 NMSA 1978, at the last
				judicial review or permanency hearing held prior to the youth's 18th birthday,
				the court shall conduct the youth's discharge hearing.
B. At the discharge hearing the court shall
				review the youth's transition plan and determines whether or not the PSD has
				made reasonable efforts to:
(1) provide the
				youth with written information concerning the youth's family history, the
				whereabouts of any sibling, if appropriate, and education and health
				records;
(2) provide the youth with
				his or her health insurance information, medical, education and health
				records;
(3) provide the youth with
				his or her social security card, certified birth certificate, driver's license
				or state-issued identification card, death certificate of a parent and proof of
				citizenship or residence;
(4)
				assist the youth in obtaining medicaid, unless the youth is ineligible;
				and
(5) refer the youth for
				guardianship or limited guardianship if the youth is incapacitated.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 10 - CHILD PROTECTIVE SERVICES › Part 9 - YOUTH SERVICES › Section 8.10.9.18 - INDEPENDENT LIVING PLACEMENT STATUS (ILPS)

Current through Register Vol. 35, No. 13, July 16, 2024
Independent living placement status allows an eligible youth
				  to become his or her own vendor to receive monthly maintenance payments. The
				  maintenance payment allows the youth to live as a boarder with a foster parent
				  or to live independently with limited PSD supervision regarding safety and
				  appropriate use of funds.
A. A youth
				age 18 up to age 21 who has aged out of foster care at age 18 may be eligible
				for an independent living placement as determined by the YTS with supervisory
				approval.
B. With the approval of
				the regional manager and the youth services bureau chief, a youth age 17 in PSD
				custody may be eligible for ILPS, with the monthly maintenance payment provided
				with state general funds.
C. To
				assess whether ILPS is appropriate for a youth age 17, the PPW shall review the
				IL assessment and all other relevant information and determine whether:
(1) the youth has the basic skills necessary
				to safely live independently; and
(2) sufficient supports are available to the
				youth while living independently.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 10 - CHILD PROTECTIVE SERVICES › Part 9 - YOUTH SERVICES › Section 8.10.9.19 - START-UP FUNDS

Current through Register Vol. 35, No. 13, July 16, 2024
Start-up funds shall be available for eligible youth to
				  assist them in purchasing household items or services needed to establish a
				  home or to further independence. Expenses which are eligible for the use of
				  start-up funds are determined according to the standards of the Chafee
				  Act.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 10 - CHILD PROTECTIVE SERVICES › Part 9 - YOUTH SERVICES › Section 8.10.9.20 - EDUCATION AND TRAINING VOUCHERS (ETV)

Current through Register Vol. 35, No. 13, July 16, 2024
ETV funds shall be available to eligible youth to assist them
				  in obtaining post-secondary education or vocational training. ETV may not cover
				  expenses already paid by scholarships, grants, loans, work study, etc. Receipt
				  of ETV funds shall not affect a student's eligibility for other federal
				  assistance. ETV funds shall be paid to the provider and shall not be
				  distributed through personal checks payable to the youth. The assigned YTS
				  shall assist the youth in filling out the necessary application and gathering
				  the appropriate supporting documentation.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 10 - CHILD PROTECTIVE SERVICES › Part 9 - YOUTH SERVICES › Section 8.10.9.21 - MEDICAID

Current through Register Vol. 35, No. 13, July 16, 2024
Youth age 18 up to 26 who were in foster care and enrolled in
				  medicaid on their 18th birthday shall be eligible for medicaid according to the
				  provisions of the Affordable Care Act. Before the youth's 18th birthday, or
				  upon the youth's request for medicaid benefits, the youth shall complete and
				  sign the application for medicaid. The youth shall complete a new application
				  and submit it to the YTS each year thereafter.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 10 - CHILD PROTECTIVE SERVICES › Part 9 - YOUTH SERVICES › Section 8.10.9.22 - PREVENTING, IDENTIFYING AND REPORTING SEX AND HUMAN TRAFFICKING AND REPORTING RUNAWAYS

Current through Register Vol. 35, No. 13, July 16, 2024
A. PSD
				shall identify, document, and determine appropriate services for children or
				youth who have disclosed or who may be at risk of being the victim of human
				trafficking.
B. PSD shall
				immediately, but not later than 24 hours, notify law enforcement of children or
				youth who PSD has identified as victims of sex or human trafficking.
C. PSD shall make reasonable efforts to
				locate children or youth missing from foster care, including determining
				factors that led to the child or youth being absent from foster care and
				assessing the child or youth's experience while absent from foster care,
				including whether the child or youth is a victim of sex or human
				trafficking.
D. PSD shall report
				immediately, but no later than 24 hours, after receiving information on missing
				or abducted children or youth to law enforcement authorities for entry into
				national crime information center (NCIC) database of the federal bureau of
				investigation.
E. PSD shall report
				immediately, but no later than 24 hours, after receiving information on missing
				or abducted children or youth to the national center for missing and exploited
				children.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 10 - CHILD PROTECTIVE SERVICES › Part 9 - YOUTH SERVICES › Section 8.10.9.23 - NATIONAL YOUTH IN TRANSITION DATATBASE (NYTD)

Current through Register Vol. 35, No. 13, July 16, 2024
NYTD is a database required by the federal Chafee Act which
				  tracks and reports on services provided to and outcomes for older youth. To
				  ensure that data is accurately maintained for purposes of meeting NYTD
				  requirements, the PPW shall update medical and education information in FACTS.
				  Both the PPW and YTS shall document all services provided to the youth. The YTS
				  shall work with the youth to complete the NYTD survey within 45 days of the
				  youth's 17th birthday and at ages 19 and 21.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 11 - ADULT PROTECTIVE SERVICES › Part 3 - ADULT PROTECTIVE SERVICES INVESTIGATIONS › Section 8.11.3.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Adult Protective Services Act, Section 27-7-1 et seq. NMSA
				  1978, as amended; Public Health Act, Section
				  24-1-5
				  L, as amended; Employee Abuse Registry Act, Section
				  27-7A-1 et
				  seq. NMSA 2005; Uniform Health-Care Decisions Act, Section
				  27-7A-1 et
				  seq. NMSA 1995, as amended; Residential Abuse and Neglect Act, Section
				  30-47-1 et
				  seq. NMSA 1990, as amended; Aging and Long-Term Services Department Act,
				  Section
				  9-23-1 et
				  seq.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 11 - ADULT PROTECTIVE SERVICES › Part 3 - ADULT PROTECTIVE SERVICES INVESTIGATIONS › Section 8.11.3.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
June 1, 2010, unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 11 - ADULT PROTECTIVE SERVICES › Part 3 - ADULT PROTECTIVE SERVICES INVESTIGATIONS › Section 8.11.3.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
"Ability
				to consent"
means an adult's ability to understand and appreciate the
				nature and consequences of proposed protective services or protective
				placement, including benefits, risks and alternatives to the proposed services
				or placement and to make or communicate an informed decision.
B.
"Abuse"
means:
(1) knowingly, intentionally or negligently
				and without justifiable cause, inflicting physical pain, injury or mental
				anguish;
(2) the intentional
				deprivation by a caregiver or person of the services necessary to maintain the
				mental and physical health of an adult;
(3) sexual abuse including criminal sexual
				contact, incest and criminal sexual penetration.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 11 - ADULT PROTECTIVE SERVICES › Part 3 - ADULT PROTECTIVE SERVICES INVESTIGATIONS › Section 8.11.3.8 - PURPOSE OF ADULT PROTECTIVE SERVICES INVESTIGATION

Current through Register Vol. 35, No. 13, July 16, 2024
The adult protective services investigation collects and
				  assesses information related to the following:
A. whether the incident(s) of adult abuse,
				neglect or exploitation more likely than not occurred;
B. whether the adult remains at risk for
				continuing abuse, neglect or exploitation;
C. the need for additional protective
				services; and
D. the need for
				coordination of appropriate and available short-term services for incapacitated
				adults who have suffered abuse, neglect or exploitation.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 11 - ADULT PROTECTIVE SERVICES › Part 3 - ADULT PROTECTIVE SERVICES INVESTIGATIONS › Section 8.11.3.9 - ELIGIBILITY

Current through Register Vol. 35, No. 13, July 16, 2024
The department shall investigate allegations of abuse,
				  neglect or exploitation of incapacitated adults by an individual, program or
				  care facility without regard to family income. Services provided by adult
				  protective services are intended for incapacitated adults. Only citizens and
				  legal residents are eligible for services beyond an investigation or emergency
				  services. Homelessness, in and of itself, does not constitute abuse, neglect or
				  exploitation.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 11 - ADULT PROTECTIVE SERVICES › Part 3 - ADULT PROTECTIVE SERVICES INVESTIGATIONS › Section 8.11.3.10 - RIGHT TO REFUSE AN INVESTIGATION

Current through Register Vol. 35, No. 13, July 16, 2024
An investigation may be terminated at the request of the
				  referred adult after a determination is made by the adult protective services
				  investigator, in consultation with the adult protective services supervisor,
				  that the alleged victim appears to have the "ability to consent" and therefore,
				  is able to refuse an investigation.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 11 - ADULT PROTECTIVE SERVICES › Part 3 - ADULT PROTECTIVE SERVICES INVESTIGATIONS › Section 8.11.3.11 - PROVISION OF SERVICES DURING THE INVESTIGATION

Current through Register Vol. 35, No. 13, July 16, 2024
If, during the course of an investigation, the department
				  determines that an adult who is incapacitated is in need of services, the
				  department may provide short-term services using the least restrictive
				  intervention necessary, with the consent of the person or surrogate decision
				  maker or pursuant to a court order.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 11 - ADULT PROTECTIVE SERVICES › Part 3 - ADULT PROTECTIVE SERVICES INVESTIGATIONS › Section 8.11.3.12 - INTAKE AND ASSIGNMENT

Current through Register Vol. 35, No. 13, July 16, 2024
The department is responsible for providing the public the
				  means for making referrals at all times. Every appropriate referral is assigned
				  to an adult protective services investigator for investigation in a reasonable
				  time frame determined by the department. Upon receipt of a referral alleging
				  abuse, neglect or exploitation of an adult in a care facility, the department
				  notifies any of the state agencies which hold an interest in the licensing,
				  certification or monitoring of the care facility.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 11 - ADULT PROTECTIVE SERVICES › Part 3 - ADULT PROTECTIVE SERVICES INVESTIGATIONS › Section 8.11.3.13 - INITIATING, INVESTIGATING, ASSESSING, DOCUMENTING, SERVICE PLANNING, STAFFING AND MAKING A DETERMINATION

Current through Register Vol. 35, No. 13, July 16, 2024
In accordance with department procedures, every case accepted
				  by adult protective services shall be initiated, investigated, assessed,
				  documented and staffed pursuant to this part. A determination of
				  "substantiated" or "unsubstantiated" shall be made and, when appropriate,
				  services will be offered to the incapacitated adult.
A. The department proceeds as follows:
(1) the department visits the residence of
				the referred adult(s) when investigating alleged abuse, neglect or
				exploitation;
(2) the department
				cannot enter a home without the permission of the resident;
(3) if the department is denied access to the
				home of an alleged victim, law enforcement or the adult protective services
				attorney may be contacted to assist in gaining access pursuant to APS Act
				27-7-19.D
				NMSA 1978.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 11 - ADULT PROTECTIVE SERVICES › Part 3 - ADULT PROTECTIVE SERVICES INVESTIGATIONS › Section 8.11.3.14 - CONFIDENTIALITY OF INVESTIGATION RECORDS

Current through Register Vol. 35, No. 13, July 16, 2024
Investigations completed by the department are confidential
				  and are only released as allowed for by NMSA 1978 section 27-7-9. The
				  department cooperates with the domestic violence homicide review team through
				  the New Mexico Crime Reparations Act to the extent allowed by law. During an
				  emergency, the department may release limited information, on a need to know
				  basis, as allowed by law.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 11 - ADULT PROTECTIVE SERVICES › Part 3 - ADULT PROTECTIVE SERVICES INVESTIGATIONS › Section 8.11.3.15 - NOTIFICATION OF AND THE RESULTS OF AN INVESTIGATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. The department shall notify the alleged
				victim and the alleged perpetrator that an investigation has been initiated and
				that notification shall be documented in the case notes. The department has the
				option of notifying the reporting person if the case has been accepted or not
				accepted for investigation.
B.
				Unless otherwise provided for in this section, the department shall notify the
				alleged victim and perpetrator.
C.
				The department shall notify the perpetrator in writing of the department's
				substantiation of abuse, neglect or exploitation, the legal and factual basis
				for the substantiation and the aggrieved person's right to appeal the
				substantiation in accordance with 8.11.1.17. NMAC.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 11 - ADULT PROTECTIVE SERVICES › Part 3 - ADULT PROTECTIVE SERVICES INVESTIGATIONS › Section 8.11.3.16 - ADMINISTRATIVE REVIEW

Current through Register Vol. 35, No. 13, July 16, 2024
A. An aggrieved
				person may request an administrative review of a decision made by the division
				regarding a substantiation of abuse, neglect or exploitation in accordance with
				the provisions set forth in this section. Administrative reviews are not
				available on any action that is currently or was previously the subject of a
				lawsuit.
B. Requests for
				administrative reviews must be made in writing to the adult protective services
				division director within ten calendar days of receipt of the letter of
				substantiation. The division director or their designee, may reverse the
				substantiation any time before the scheduled review.
C. Notification of substantiation, request
				for administrative reviews and administrative review process.
(1) Requests for administrative reviews must
				be made in writing to the adult protective services division director within
				ten calendar days of the receipt of the letter of substantiation. The division
				director or their designee may reverse the substantiation anytime before the
				scheduled review.
(2) Within 30
				days of the receipt of the request for administrative review, the division
				notifies the aggrieved person requesting the administrative review of the time
				and date of the review, which may be no later than 60 days from the date of the
				request.
(3) The person conducting
				the review shall be neutral and have no direct involvement with the
				investigation or substantiation.
(4) The person conducting the administrative
				review issues a written decision within 30 days of the review, giving the
				reasons why the substantiation, by preponderance of evidence, is substantiated
				or reversed. The written decision is mailed to the aggrieved party and placed
				in the case record.
(5) The
				decision by the person conducting the administrative review is final and
				non-appealable except as otherwise provided for by the law.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 11 - ADULT PROTECTIVE SERVICES › Part 3 - ADULT PROTECTIVE SERVICES INVESTIGATIONS › Section 8.11.3.17 - EMPLOYEE ABUSE REGISTRY

Current through Register Vol. 35, No. 13, July 16, 2024
The department abides by all the terms of the aging and
				  long-term services department Employee Abuse Registry, 8.11.6 NMAC and the
				  department of health Employee Abuse Registry 7.1.12 NMAC.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 11 - ADULT PROTECTIVE SERVICES › Part 4 - ADULT SERVICES › Section 8.11.4.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Adult Protective Services Act, Section
				  27-7-15
				  et seq. NMSA 1978, as amended; Public Health Act, Section
				  24-1-5
				  L NMSA 1978, as amended; Probate Code, Section
				  45-5-301
				  et seq. NMSA 1978, as amended; Resident Abuse and Neglect Act, Section
				  30-47-1 et
				  seq. NMSA 1978, as amended, and State Agency on Aging, Section
				  28-4-6
				  NMSA, as amended.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 11 - ADULT PROTECTIVE SERVICES › Part 4 - ADULT SERVICES › Section 8.11.4.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
To establish guidelines for the provision of adult services
				  by the department that are consistent with statutory authority and legal
				  mandates.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 11 - ADULT PROTECTIVE SERVICES › Part 4 - ADULT SERVICES › Section 8.11.4.8 - PURPOSE OF ADULT SERVICES

Current through Register Vol. 35, No. 13, July 16, 2024
The purpose of adult services is to mitigate adult abuse,
				  neglect and exploitation, to prevent inappropriate or premature
				  institutionalization and to assist clients to remain safely in their home or
				  the least restrictive environment possible.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 11 - ADULT PROTECTIVE SERVICES › Part 4 - ADULT SERVICES › Section 8.11.4.9 - TYPES OF ADULT SERVICES

Current through Register Vol. 35, No. 13, July 16, 2024
The department, based upon the adult's eligibility and the
				  availability of resources, provides or arranges for the following services for
				  adults:
A. emergency caregiver/shelter
				care services;
B. home care
				services;
C. attendant care
				services; and
D. adult day
				care.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 11 - ADULT PROTECTIVE SERVICES › Part 4 - ADULT SERVICES › Section 8.11.4.10 - GENERAL PROVISIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Any
				adult who is not determined to be decisionally incapacitated may refuse
				services.
B. The department
				determines eligibility for specific services based on client need, client
				income and the availability of resources and available funding for each type of
				service under this part.
(1) The department
				assesses and determines the adult's need for services.
(2) Adults who have been determined through a
				department investigation to have been abused, neglected or exploited and are
				assessed to continue to be at risk may be eligible to receive services on a
				short term basis without regard to income, as determined necessary by the
				department.
(3) Except for
				emergency shelter/caregiver services, the department utilizes the institutional
				medicaid income criteria for the determination of financial eligibility for
				services.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 11 - ADULT PROTECTIVE SERVICES › Part 4 - ADULT SERVICES › Section 8.11.4.11 - CASE MANAGEMENT

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				department provides short term case management of adult services.
B. The department conducts, and documents, at
				least quarterly, face-to-face visits with adults receiving home and attendant
				care services.
C. The department
				utilizes staffings and supervisory conferences to develop and review plans and
				to determine the need for continuation of services for each adult receiving
				services.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 11 - ADULT PROTECTIVE SERVICES › Part 4 - ADULT SERVICES › Section 8.11.4.12 - SERVICE PLAN

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				department develops a written individualized service plan for each adult
				receiving services.
B. The
				department develops a service plan within 30 days of the dispositional staffing
				in which an APS supervisor and worker discuss the applicability of adult
				services to the client.
C. The
				department reassesses the service plan and the need for ongoing services within
				a minimum of 90 days after services commence.