New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 321 - SPECIALIZED BEHAVIORAL HEALTH SERVICES › Part 11 - CRISIS TRIAGE CENTERS › Section 8.321.11.79 - ADDITIONAL REQUIREMENTS FOR FACILITIES SERVING YOUTH

Current through Register Vol. 35, No. 13, July 16, 2024
All requirements in the above rules apply to all facilities.
				  For facilities serving youth, the additional requirements of this section must
				  also be met.
A. Physical environment
				for general building requirements: Facilities serving adults and youth must
				locate youth resident rooms and restrooms in a unit or wing that is separated
				by sight and sound barriers from the adult facilities.
B. Enforcement involving suspension of
				license without prior hearing: Any CTC that allows any person, subject to all
				applicable statutes and regulations, to work at the CTC if that person is
				listed on the CYFD unreasonable risk background check and related regulations,
				as amended, may be subject to immediate suspension of its license without prior
				hearing.
C. Reporting of incidents:
				All facilities licensed under these regulations, must comply with all incident
				intake, processing, training and reporting requirements under all applicable NM
				Children's Code, Section 32A-1-1 NMSA 1978, Children's Mental Health and
				Developmental Disabilities Act, Section 32A-6A-1 NMSA 1978, Section 7.20.11 and
				Section 7.20.12 NMAC.
D.
Policies And Procedures:
The CTC shall establish written policies
				and procedures that are reviewed annually and approved by the governing body,
				which govern the CTC's operation. The administrator shall ensure that these
				policies and procedures are adopted, administered and enforced to provide
				quality services in a safe environment. At a minimum, the CTC's written
				policies and procedures shall include how the CTC intends to comply with all
				requirements of these regulations and address:
(1) immediate reporting of suspected child
				abuse, neglect or exploitation, pursuant to the NM Children's Code and these
				licensing regulations;
(2) actions
				to be taken in case of accidents or emergencies involving a youth, including
				death;
(3) immediate personnel
				actions to be taken by the CTC if child abuse or neglect allegations are made
				involving a direct service staff;
(4) confidentiality of youth'
				records;
(5) management of a youth
				who is a danger to themselves or others or presents a likelihood of serious
				harm to themselves or others. The CTC procedures must specify that immediate
				actions be taken to prevent such harm. At a minimum, the policies and
				procedures require that the following actions be taken and documented in the
				youth's file:
(a) all appropriate actions to
				protect the health and safety of other youth, clients and staff who are
				endangered;
(b) all appropriate
				efforts to manage the youth's behavior prior to proposing emergency
				discharge;
(6)
				Clinically appropriate and legally permissible methods of youth behavior
				management and discipline.
(7) The
				CTC shall prohibit in policy and practice the following:
(a) degrading punishment;
(b) corporal or other physical
				punishment;
(c) group punishment
				for one client's behavior;
(d)
				deprivation of a client's rights and needs (e.g., food, phone contacts, etc.)
				when not based on documented clinical rationale;
(e) aversive stimuli used in behavior
				modification;
(f) punitive work
				assignments;
(g) isolation or
				seclusion;
(h) harassment;
				and
(i) chemical or mechanical
				restraints.
(8) For
				those CTCs that serve mixed age occupants, the CTC shall establish policies and
				procedures to ensure the health and safety of all residents.