New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 10 - CHILD PROTECTIVE SERVICES › Part 8 - PERMANENCY PLANNING › Section 8.10.8.17 - MEDICAL AND BEHAVIORAL HEALTH

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Within the first 30 days of PSD custody, the child shall have a complete
				physical examination or, if medicaid eligible, an early and periodic screening,
				diagnostic and treatment services (EPSDT). The child shall receive an annual
				well-child check and dental and eye exam thereafter.
B. In order to support the child through the
				experience of foster care, in addition to supporting their history of possible
				trauma, PSD conducts both the crisis assessment tool (CAT) and child and
				adolescent needs and strengths-trauma (CANS) assessments to better understand
				the needs of the child and to make appropriate referrals to community
				providers. Once an abuse and neglect petition has been filed, all children in
				the case will have a CAT completed by the investigator and filed with the court
				24 hours prior to the 10-day hearing. CANS assessments shall be completed by
				PSD, within 45 days of removal from the home. Children in care shall be
				reassessed prior to every subsequent court hearing to assess progress in
				treatment (or within six months, whichever comes first) or to adjust services
				and supports as results may indicate. CANS shall also be completed whenever any
				change in behavior is identified, and also after any significant emotional
				event. CANS shall also be updated upon discharge from CYFD custody.
C. While a child is in the custody of PSD and
				until parental rights have been terminated, the child's parent, guardian or
				custodian shall continue to be responsible for the child's medical needs. If
				support by the parent, guardian or custodian is not available, PSD shall seek
				to obtain other medical coverage or, if all other possibilities are exhausted,
				to qualify the child for medicaid through supplemental security income
				(SSI).
D. If available, PSD shall
				obtain and keep current the child's immunization records. In any case, where
				the parent, guardian, or custodian objects to immunizing the child, PSD shall
				inform the parent, guardian, or legal custodian that they may obtain a waiver
				from the department of health objecting to the immunizations.
E. PSD shall arrange for behavioral health
				services for children, parents, guardians or custodians to address identified
				needs and to move the case planning process along in order for the child to
				achieve permanency.
F. The use of
				psychotropic medication is one of several interventions used to address the
				emotional and behavioral needs of children in PSD custody and is used in
				concert with other interventions in accordance with the treatment plan.
				Children are to be free from unnecessary or excessive medication as expressed
				in the Children's Code 32A-6A-12A (12). PSD shall adhere to internal procedures
				regarding psychotropic medication (permanency planning procedure 17-mental and
				behavioral health).
(1) PSD shall ensure each
				child in PSD custody is not inappropriately medicated while ensuring timely
				access to medically necessary medication and treatment. Psychotropic medication
				shall only be prescribed by a person licensed by the State of New Mexico to
				prescribe psychotropic medications.
(2) PSD must first approve any medication,
				including medication changes, by consulting with the prescribing provider,
				parent, guardian or custodian, and their supervisor within seven calendar days
				of the medication recommendation. Psychotropic medication shall not be
				prescribed for a child in care unless the prescribed use of the psychotropic
				medication is for a medically accepted indication that is age-appropriate and
				its proposed beneficial properties outweigh any risks identified in
				peer-reviewed medical literature relating to the children's use of the
				psychotropic medication. Psychosocial interventions shall be the first
				intervention utilized prior to exploring psychotropic medication. PSD shall
				inquire about the most appropriate use of medication, dosage and ongoing
				monitoring. PSD must monitor medication success and impacts on the child. PSD
				may seek a second opinion from a licensed prescriber if there are concerns
				regarding the recommended medication.
(3) Depending on the age of the child, type
				of medication and the number of medications prescribed, PSD shall request a
				higher level of monitoring and consultation with a PSD staff person or
				contracted provider licensed by the State of New Mexico to prescribe
				psychotropic medications to review the child's medications. This secondary
				review is to ensure medication is not misused as a primary response to
				trauma-related behaviors and to evaluate the effectiveness of the medication on
				the child's wellbeing and quality of life. The review in consultation with the
				PSD contracted provider licensed by the State of New Mexico will include a
				review of the polypharmacy, dosage and frequency for all prescribed medication,
				adverse side-effects and the use of any atypical antipsychotics.
(4) PSD shall document medication prescribed
				to the child in the case management system and in every court report. PSD must
				report any medications or changes in medications, impact and side effects to
				the court.
(5) PSD shall monitor
				any trends in psychotropic medications in relation to children in PSD care and
				appropriate PSD staff will provide training, consultation or other response
				depending on the trends identified.
(6) PSD shall be responsible for regularly
				assessing the impact the medication has on the child. PSD shall participate in
				medication management meetings with the child's treatment team. The meetings
				may occur with the prescribing physician at least monthly if the child is in
				treatment foster care or a residential treatment center or as recommended by
				the prescriber.
(7) CYFD shall
				consult with other state agencies to provide CYFD with information, training,
				data and support to monitor psychotropic medication trends and
				outliers.