New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 8 - CHILDREN, YOUTH AND FAMILIES GENERAL PROVISIONS › Part 3 - GOVERNING BACKGROUND CHECKS AND EMPLOYMENT HISTORY VERIFICATION › Section 8.8.3.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. AOC means
				administrative office of the courts.
B. "Administrative review" means an informal
				process of reviewing a decision that may include an informal conference or
				hearing or a review of written records.
C. "Administrator" means the adult in charge
				of the day-to-day operation of a facility. The administrator may be the
				licensee or an authorized representative of the licensee.
D. "Adult" means a person who has a
				chronological age of 18 years or older, except for persons under medicaid
				certification as set forth in Subsection K below.
E. "Appeal" means a review of a determination
				made by the BCU, which may include an administrative review or a
				hearing.
F. "Applicant" means any
				person who is required to obtain a background check under these rules and NMSA
				1978, Section
				32A-15-3.
G. "Arrest" means notice from a law
				enforcement agency about an alleged violation of law.
H. BCU means the CYFD background check
				unit.
I. "Background check" means a
				screen of CYFD's information databases, state and federal criminal records and
				any other reasonably reliable information about an applicant.
J. "Care recipient" means any person under
				the care of a licensee.
K. "Child"
				means a person who has a chronological age of less than 18 years, and persons
				under applicable medicaid certification up to the age of 21 years.
L. "Conditional employment" means a period of
				employment status for a new applicant prior to the BCU's final disposition of
				the applicant's background check.
M. "Criminal history" means information
				possessed by law enforcement agencies of arrests, indictments, or other formal
				charges, as well as dispositions arising from these charges.
N. "Direct, physical supervision" means
				continuous visual contact or live video observation by a direct provider of
				care who has been found eligible by a background check of an applicant during
				periods when the applicant is in immediate physical proximity to care
				recipients.
O. "Direct provider of
				care" means any individual who, as a result of employment or, contractual
				service or volunteer service has direct care responsibilities or potential
				unsupervised physical access to any care recipient in the settings to which
				these regulations apply.
P.
				"Eligibility" means the determination that an applicant does not pose an
				unreasonable risk to care recipients after a background check is
				conducted.
Q. "Employment history"
				means a written summary of the most recent three-year period of employment with
				names, addresses and telephone numbers of employers, including dates of
				employment, stated reasons for leaving employment, and dates of all periods of
				unemployment with stated reasons for periods of unemployment, and verifying
				references.
R. "Licensed" means
				authorized to operate by the licensing authority by issuance of an operator's
				license or certification certificate.
S. "Licensee" means the holder of, or
				applicant for, a license, certification, or registration pursuant to 7.20.11
				NMAC, 7.20.12 NMAC, 8.16.2 NMAC, 7.8.3 NMAC; 8.17.2 NMAC or other program or
				entity within the scope of these regulations, including AOC supervised
				visitation and safe exchange program providers. CYFD LICENSEE means program or
				entity within the scope of these regulations except the AOC supervised
				visitation and safe exchange program providers.
T. "Licensing authority" means the CYFD
				division having authority over the licensee.
U. "Moral turpitude" means an intentional
				crime that is wanton, base, vile or depraved and contrary to the accepted rules
				of morality and duties of a person within society. In addition, because of the
				high risk of injury or death created by, and the universal condemnation of the
				act of driving while intoxicated, a crime of moral turpitude includes a second
				or subsequent conviction for driving while intoxicated or any crime involving
				the use of a motor vehicle, the elements of which are substantially the same as
				driving while intoxicated. The record name of the second conviction shall not
				be controlling; any conviction subsequent to an initial one may be considered a
				second conviction.
V. "Notice of
				provisional employment" means a written notice issued to a child care center or
				home applicant indicating the BCU reviewed the applicant's fingerprint based
				federal or New Mexico criminal record and made a determination that the
				applicant may begin employment under direct physical supervision until
				receiving background eligibility. A notice may also indicate the applicant must
				receive a complete background eligibility prior to beginning
				employment.
W. "Relevant
				conviction" means a plea, judgment or verdict of guilty, no contest, nolo
				contendere, conditional plea of guilty, or any other plea that would result in
				a conviction for a crime in a court of law in New Mexico or any other state.
				The term relevant conviction also includes decrees adjudicating juveniles as
				serious youthful offenders or youthful offenders, or convictions of children
				who are tried as adults for their offenses. Successful or pending completion of
				a conditional discharge under Section
				31-20-13(1994)
				NMSA 1978, or Section
				30-31-28(1972)
				NMSA 1978, or a comparable provision of another state's law, is not a relevant
				conviction for purposes of these regulations, unless or until such time as the
				conditional discharge is revoked or rescinded by the issuing court. The term
				relevant conviction does not include any of the foregoing if a court of
				competent jurisdiction has overturned the conviction or adjudicated decree and
				no further proceedings are pending in the case or if the applicant has received
				a legally effective executive pardon for the conviction. The burden is on the
				applicant to show that the applicant has a pending or successful completion of
				any conditional discharge or consent decree, or that the relevant conviction
				has been overturned on appeal, or has received a legally effective
				pardon.
X. "Unreasonable risk"
				means the quantum of risk that a reasonable person would be unwilling to take
				with the safety or welfare of care recipients.