New Mexico Administrative Code › Title 7 - HEALTH › Chapter 8 - RESIDENTIAL HEALTH FACILITIES › Part 3 - REGULATIONS GOVERNING RESIDENTIAL SHELTER CARE FACILITIES FOR CHILDREN › Section 7.8.3.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
For the purpose of these regulations, the following
				  apply:
A. ABUSE means any act or
				failure to act, performed intentionally, knowingly or negligently that causes
				or is likely to cause harm to a client as defined in 32A-4-2 NMSA
				1978.
B. ACTION PLAN means a
				written document submitted to the Licensing Authority which states those
				actions that the facility will be implementing, with specific time frames and
				responsible parties for each, to correct the deficiencies identified in the
				previous on-site visit or review of documents.
C. ADMINISTRATOR means the person in charge
				of the day-to-day operation of a facility. The administrator, director, or
				operator may be the licensee or an authorized representative of the licensee.
				The administrator may also be referred to as the director or
				operator.
D. AMBULATORY means the
				ability of the child to walk without assistance.
E. APPLICANT means the individual, or
				organization which, applies for a license.
F. BED means the total assembly on which a
				child sleeps, including frame, springs, mattress, mattress cover/pad, sheets,
				pillow, blankets and bedspread.
G.
				CAPACITY means the maximum number of children who can be accommodated in rooms
				designated specifically for them in a facility pursuant to these
				regulations.
H. CHILD/ADOLESCENT
				means a person under the chronological age of 18 years. Those persons who,
				while a resident or client of a facility licensed pursuant to these regulations
				reach the age of 18 will, for the purposes of these regulations, be considered
				a child until they complete their course of treatment in the
				facility.
I. CHILDREN'S CRISIS
				SHELTER means a facility which provides short term (usually less than 90 days)
				emergency living accommodations to children in a crisis situation such as
				abandonment, abuse, neglect or runaway.
J. CLEARED STAFF MEMBER means an individual
				who has received a State and federal criminal background clearance as
				documented by the Department clearance letter.
K. CLIENT means any person who receives
				treatment from a Children's Crisis Shelter, Multi Service Home, or Community
				Home.
L. COMMUNITY HOME means a
				facility which operates twenty-four (24) hours a day providing full time care,
				supervision and support needed to not more than sixteen (16) resident children
				in a single residential building and which meets the definition incorporated in
				9-8-13
				NMSA 1978. The facility provides parenting, activities and experiences needed
				by a child to develop and realize their full potential.
M. CORPORAL PUNISHMENT means touching a
				child's body with the intent of inducing pain and includes, but is not limited
				to, shaking, spanking, hitting, hair pulling, ear pulling or forced
				exercise.
N. CRIMINAL RECORDS CHECK
				means the process of fingerprinting on State and FBI approved cards and
				submission of the fingerprint cards for the purpose of obtaining the State and
				federal conviction records of an individual. The services of an agency
				contracted by the Department of Public Safety (DPS) who can access the DPS
				database in order to obtain State criminal background checks for those
				applicants who have resided in the State of New Mexico for five years or more
				may be utilized as a means of obtaining State criminal records checks prior to
				employment. Federal fingerprinting is still required. The use of an alternate
				method to obtain State criminal background checks do not replace the federal
				fingerprinting requirement.
O.
				CRUELTY (MENTAL/ PHYSICAL) AND INDIFFERENCE TO THE WELFARE OF CHILDREN means a
				failure to provide a child with the care, supervision, and services to which
				the child is entitled. Examples of physical and mental cruelty include physical
				device/chemical restraints, striking, slapping or hitting, withholding food or
				bathroom privileges as punishment, swearing at or threatening a child, and
				indifference to the basic needs of the child.
P. DEFICIENCY means a violation of or failure
				to comply with a provision(s) of these regulations.
Q. DEPARTMENT means the New Mexico Children,
				Youth and Families Department.
R.
				DIRECT SERVICES STAFF means supervisors, therapists, child care workers,
				coordinators or other employees who work directly with children in their daily
				living activities in a facility.
S.
				DIRECTED ACTION PLAN means an Action Plan that the Licensing Authority writes
				and specifies that the facility must enforce within a specific time frame
				because of the serious nature of the deficiency.
T. DISCIPLINE means training that enables a
				child to develop self control and orderly conduct in relationship to peers and
				adults.
U. EMERGENCY SANCTION means
				an immediate measure that is imposed on a facility for violations of applicable
				licensing laws and regulations, other than revocation, suspension, or denial of
				renewal of license when a health and/or safety violation warrants prompt
				action.
V. EMERGENCY SUSPENSION
				means an immediate and temporary canceling of a license pending an appeal
				hearing and/or correction of deficiencies.
W. EMPLOYMENT HISTORY means a written summary
				for the most recent three-year period of all periods of employment with names,
				addresses and telephone numbers of the employers and the individual's immediate
				supervisor, specifying all periods of non-employment, stating the reason for
				leaving employment and explanation of periods of non-employment, with
				documented verifying references.
X.
				FACILITY means a publicly or privately owned or operated residence licensed
				pursuant to these regulations which provides living accommodations, meals,
				supervision, care, and in some instances, programmatic services to
				children.
Y. GOVERNING BODY means
				the governing authority of a facility which has the ultimate responsibility for
				all planning, direction, control, and management of the activities and
				functions of a facility licensed pursuant to these regulations.
Z. LICENSE means the authority granted by the
				Licensing Authority pursuant to these regulations to operate for a specified
				period of time.
AA. LICENSEE means
				the person(s) who, or organization which, has ownership, leasehold, or similar
				interest in the facility and in whose name a license for a facility has been
				issued and who is legally responsible for compliance with these
				regulations.
BB. LICENSING
				AUTHORITY means the New Mexico Children, Youth and Families
				Department.
CC. MAINTENANCE means
				keeping the building(s) in a repaired and safe condition and the grounds in a
				safe, sanitary and presentable condition.
DD. MOBILE NON-AMBULATORY means unable to
				walk without assistance but able to move from place to place with the use of
				devices such as walkers, crutches, wheelchairs, etc.
EE. MORAL TURPITUDE means conduct contrary to
				justice, honesty, modesty or good morals including such acts as domestic abuse,
				drunk driving or other similar convictions.
FF. MULTI SERVICE HOME means a facility that
				provides residential care to children who have been referred by other agencies
				or parents because of abuse, neglect, delinquency, substance abuse, or other
				problems.
GG. NON-MOBILE means
				unable to move without human assistance from place to place.
HH. PREMISES means all parts of buildings,
				grounds, vehicles and equipment of a facility.
II. PROGRAMMATIC SERVICES means services
				provided to children to meet special needs above and beyond living
				accommodations, meals, care, and routine supervision.
JJ. PUNISHMENT means a penalty imposed on a
				child for wrongdoing.
KK. RESTRAINT
				means a mechanical device used to involuntarily physically restrict a client's
				freedom of movement, performance of physical activity, or have normal access to
				his or her body. It is limited to those situations with adequate, appropriate
				justification and requires policies and procedures with clear criteria. This
				standard does not apply to therapeutic holding or comforting of children or to
				a timeout when the individual to whom it is applied is physically prevented
				from leaving a room for 15 minutes or less and when its use is consistent with
				protocol.
LL. REVOCATION means
				making a license null and void through its cancellation.
MM. SANCTION means a measure imposed on a
				facility by the Licensing Authority for violations of these
				standards.
NN. SECLUSION means the
				involuntary confinement of a client alone in a room where the individual is
				physically prevented from leaving and is limited to those situations with
				adequate, appropriate justification, requiring policies and procedures with
				clear criteria.
OO. SECLUSION ROOM
				means a room designed and utilized to isolate and contain a child who poses an
				imminent threat of physical harm to self or others or serious disruption to the
				environment.
PP.
				SELF-ADMINISTRATION OF MEDICATIONS means assistance and supervision of the
				child in the self-administration of a drug, provided that the medication is in
				the original container, with a proper label and directions. A staff member may
				hold the container for the child, assist with opening of the container, and
				assist the child in self-administering the medication.
QQ. SUBSTANTIATED COMPLAINT means a complaint
				determined to be factually substantiated, based on an investigation of
				events.
RR. SUPERVISION means the
				monitoring of the children's whereabouts and activities by the facility staff
				in order to ensure health, safety, and welfare.
SS. SURVEY means an entry, by the Licensing
				Authority, into a facility licensed, or required to be licensed, pursuant to
				these regulations, for examination of the premises and records, and
				interviewing of staff and children.
TT. SUSPENSION means a temporary cancellation
				of a license pending an appeal hearing and/or correction of deficiencies.
				During a period of suspension, the Medicaid provider agreement is not in
				effect.
UU. U/L APPROVED means
				approved for safety by the National Underwriters Laboratory.
VV. UNSUBSTANTIATED COMPLAINT means a
				complaint not determined to be factually substantiated, based on an
				investigation of events.
WW.
				VARIANCE means an act taken, at the sole discretion of the Licensing Authority,
				to refrain from enforcing compliance with a portion(s) of these regulations for
				an unspecified period of time for facilities which were in existence at the
				time these regulations were promulgated, new facilities in existing
				construction, or for new services when the granting of a variance will not
				create a danger to the health and safety of children and staff of a
				facility.
XX. WAIVE/WAIVER means to
				refrain from pressing or enforcing compliance with a portion(s) of these
				regulations for a limited period of time provided the health, safety, or
				welfare of the clients and staff are not in danger. Waivers are issued at the
				sole discretion of the Licensing Authority.