reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 11 - ADULT PROTECTIVE SERVICES › Part 5 - ADULT PROTECTIVE SERVICES LEGAL › Section 8.11.5.38 - ENFORCEMENT OF ORDERS AND PAYMENT IN DEFAULT

Current through Register Vol. 35, No. 13, July 16, 2024
Whenever an assessed party is in default of a civil penalty
				  assessment, the adult protective services division may file an action in
				  district court solely for the purpose of entry of judgment and enforcement of
				  the civil penalty. The district court shall accept the civil penalty assessment
				  without reviewing the basis for it and shall enter an appropriate judgment or
				  order to enforce the civil penalty assessment.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 11 - ADULT PROTECTIVE SERVICES › Part 6 - EMPLOYEE ABUSE REGISTRY › Section 8.11.6.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule applies to a broad range of New Mexico providers of
				  health care and services and employees of these providers who are not licensed
				  health care professionals or certified nurse aides. This rule requires that
				  providers check with the registry and avoid employing any individual on the
				  registry. This rule further requires listing employees with substantiated
				  registry-referred abuse, neglect or exploitation on the registry, following an
				  opportunity for a hearing. This rule supplements other pre-employment screening
				  requirements currently applicable to health care providers, such as the
				  requirement for criminal history screening of caregivers employed by care
				  providers subject to the Caregiver Criminal History Screening Act, Sections
				  29-17-1
				  through
				  29-17-5
				  NMSA 1978 and that act's implementing rule, 7.1.9 NMAC. It also supplements
				  requirements for pre-employment screening of certified nurse aides applicable
				  to nursing facilities pursuant to
				  42 CFR Sections
				  483.75(e) and
				  488.335
				  and 16.12.20 NMAC. This rule does not address the consequences of abuse,
				  neglect, or exploitation for which a provider, as distinguished from an
				  employee, is responsible. This rule is meant to compliment department of health
				  rule 7.1.12 NMAC.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 11 - ADULT PROTECTIVE SERVICES › Part 6 - EMPLOYEE ABUSE REGISTRY › Section 8.11.6.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
This rule is adopted pursuant to the terms of Sections
				  9-23-6(E) and 28-4-6(B) NMSA 1978, the Adult Protective Services Act, Sections
				  27-7-1 through
				  27-7-31 NMSA
				  1978 and the Employee Abuse Registry Act, Sections
				  27-7A-1
				  through
				  27-7A-8 NMSA
				  1978.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 11 - ADULT PROTECTIVE SERVICES › Part 6 - EMPLOYEE ABUSE REGISTRY › Section 8.11.6.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of this rule is to implement the Employee
				  Abuse Registry Act. The rule is intended to provide guidance as to the rights
				  and responsibilities under the Employee Abuse Registry Act of providers,
				  employees of providers, the department of health and the adult protective
				  services division of the aging and long-term services department, and the
				  public including recipients of care and services from
				  providers.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 11 - ADULT PROTECTIVE SERVICES › Part 6 - EMPLOYEE ABUSE REGISTRY › Section 8.11.6.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				"
Abuse
" means:
(1) knowingly,
				intentionally or negligently and without justifiable cause inflicting physical
				pain, injury or mental anguish, and includes sexual abuse and verbal abuse;
				or
(2) the intentional deprivation
				by a caretaker or other person of services necessary to maintain the mental and
				physical health of a person.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 11 - ADULT PROTECTIVE SERVICES › Part 6 - EMPLOYEE ABUSE REGISTRY › Section 8.11.6.9 - COMPLAINTS

Current through Register Vol. 35, No. 13, July 16, 2024
Section
				  27-7-30
				  NMSA 1978 requires anyone reasonably suspecting adult abuse, neglect or
				  exploitation to immediately file a complaint with APS. APS has established a
				  centralized intake system for receiving such complaints. A complaint may be
				  made orally or in writing. To the extent possible, a complaint shall include
				  the following information: the name, age and address of the adult; the name and
				  address of any other person responsible for the adult's care; the nature and
				  extent of the adult's condition; the basis of the reporter's knowledge; and
				  other relevant information.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 11 - ADULT PROTECTIVE SERVICES › Part 6 - EMPLOYEE ABUSE REGISTRY › Section 8.11.6.10 - COMPLAINT PROCESSING

Current through Register Vol. 35, No. 13, July 16, 2024
APS will investigate all complaints in accordance with its
				  policies and procedures and render an investigative decision.
A. If a complaint relates to an employee of a
				provider that is not licensed by or covered under contract by the department of
				health,APS's investigative decision shall indicate whether the allegations
				against the employee are:
(1)
				unsubstantiated;
(2) substantiated;
				or
(3) substantiated
				registry-referred.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 11 - ADULT PROTECTIVE SERVICES › Part 6 - EMPLOYEE ABUSE REGISTRY › Section 8.11.6.11 - SEVERITY STANDARD

Current through Register Vol. 35, No. 13, July 16, 2024
If a complaint relates to an employee of a provider that is
				  not licensed by or covered under contract by the department of health, APS
				  shall make a determination of the severity of substantiated complaints of
				  abuse, neglect or exploitation for the purpose of deciding if the employee is
				  to be referred for placement on the registry. The determination of the severity
				  of the substantiated complaint of abuse, neglect or exploitation is based upon
				  application of the severity standards in this section. A substantiated
				  complaint that satisfies the severity standard in this section is a
				  substantiated registry-referred complaint. A substantiated complaint that does
				  not satisfy the severity standard in this section will not be referred to the
				  registry. Severity is determined by assessing the impact of the substantiated
				  abuse, neglect, or exploitation on the recipient of care or services, and by
				  assessing the employee for aggravating factors.
A.
Abuse.
A substantiated
				complaint of abuse meets the severity standard if:
(1) the abuse results in, or is a
				contributing factor to, death;
(2)
				the abuse results in the infliction of a significant, identifiable physical
				injury that reasonably requires or results in medical or behavioral
				intervention or treatment;
(3) the
				abuse results in any injury for which criminal charges are brought against the
				employee resulting in a plea or conviction;
(4) the abuse results in the infliction of
				excruciating pain or pain that endures over a significant time
				period;
(5) the abuse causes
				significant mental anguish as evidenced by the victim's descriptions, or
				significant behavioral changes;
(6)
				the abuse is sexual abuse; or
(7)
				the abuse is verbal abuse that causes significant mental anguish, including
				psychological or emotional damage, and which is evidenced by significant
				behavioral changes or physical symptoms.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 11 - ADULT PROTECTIVE SERVICES › Part 6 - EMPLOYEE ABUSE REGISTRY › Section 8.11.6.12 - PROVIDER COOPERATION

Current through Register Vol. 35, No. 13, July 16, 2024
In accordance with Section
				  27-7-19
				  NMSA 1978 and as allowed by law or contract:
A.
Access to provider.
The
				provider shall provide APS investigators with immediate physical access to the
				provider's entire facility or its service delivery sites. The investigators may
				require such access during any or all shifts.
B.
Access to provider records.
The provider shall provide APS investigators with immediate access to all
				information obtained as a result of the provider's own internal investigation
				of the matters that form the basis of the complaint, including but not limited
				to written statements, interviews, affidavits, physical items, medical
				information, electronic and computer data, and photographic
				information.
C.
Interviews.
APS investigators shall have a reasonable opportunity to
				conduct confidential interviews with any person who may have relevant
				information relating to the complaint, including employees and other staff
				including licensed health care professionals and certified nurse aides, other
				licensed health care professionals and other provider staff, recipients of care
				or services from the provider and their family members, guardians, health care
				decision makers and friends.
D.
Physical access to recipients of care and services.
The provider
				shall allow APS investigators reasonable access to individuals receiving care
				or services from the provider when such investigators announce that they are
				investigating a complaint. Such access may be telephonic or
				face-to-face.
E.
Access to
				the provider's records, patient trust accounts and patient property.
The
				provider shall provide APS investigators with immediate access to the
				provider's billing records, patient trust accounts, representative payee
				records, patient care and medical records, and patient property. In addition
				the provider must assure access to employee and personnel records, including
				documentation showing provider inquiry to the registry.
F.
Copying.
The access required
				to be provided to APS investigators includes copying paper documents and
				printing and copying electronic and computer records or data. Copied documents
				shall be retained in accordance with applicable state retention
				policies.
G.
Consequences of
				provider's denial of cooperation.
The department of health shall
				administer sanctions for a provider's failure to comply with the Employee Abuse
				Registry Act, including failure to provide access as required herein to conduct
				investigations of complaints, and such sanctions include a directed plan of
				correction, a civil monetary penalty not to exceed five thousand dollars
				($5,000), or such sanctions as are available under applicable contract or
				licensing provisions. Pursuant to Section
				27-7-30
				NMSA 1978, any person interfering with an APS investigation is guilty of a
				misdemeanor.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 11 - ADULT PROTECTIVE SERVICES › Part 6 - EMPLOYEE ABUSE REGISTRY › Section 8.11.6.13 - NOTIFICATION FOLLOWING INVESTIGATION

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Notification to provider and
				employee.
If APS determines, following an investigation, that an
				instance of either substantiated or substantiated registry-referred employee
				abuse, neglect, or exploitation has occurred, then APS shall promptly notify
				the employee and the provider.
B.
Required information for substantiated registry-referred
				complaints.
The notice to the provider and employee for substantiated
				registry-referred complaints shall be by certified mail and shall include the
				following information:
(1) the nature of the
				abuse, neglect, or exploitation;
(2) the date and time of the
				occurrence;
(3) whether the abuse,
				neglect or exploitation was the result of conduct by the employee, the provider
				or both;
(4) the right to request a
				hearing, and the time and manner for requesting a hearing;
(5) the fact that the substantiated
				registry-referred findings will be reported to the registry, once the employee
				has had an opportunity for a hearing; and
(6) the failure by the employee to request a
				hearing in writing within thirty (30) calendar days from the date of the notice
				shall result in the reporting of the substantiated findings to the registry and
				the provider.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 11 - ADULT PROTECTIVE SERVICES › Part 6 - EMPLOYEE ABUSE REGISTRY › Section 8.11.6.14 - HEARINGS

Current through Register Vol. 35, No. 13, July 16, 2024
Hearings are provided to employees by the department or the
				  department of health, depending upon whether APS or the department of health
				  made the registry referral determination. This section provides rules
				  applicable to hearings held by the department.
A.
Request for hearing.
An
				employee may request an evidentiary hearing if the employee is notified that as
				a result of substantiated registry-referred findings of abuse, neglect, or
				exploitation the employee will be reported to the registry. The request for
				hearing shall be made to the department. A provider may not request a hearing
				pursuant to the Employee Abuse Registry Act. The following applies to hearings
				properly requested of the department.
(1) The
				request for a hearing shall be in writing and mailed or delivered to the Aging
				and Long-Term Services Department, Adult Protective Services Division, 625
				Silver SW, Suite 400, Albuquerque, New Mexico 87102; or to an alternative
				address if set forth in the notice.
(2) The request for hearing shall include a
				copy of the notice.
(3) The request
				for hearing must be mailed or hand-delivered no later than thirty (30) calendar
				days after the date of the notice.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 11 - ADULT PROTECTIVE SERVICES › Part 6 - EMPLOYEE ABUSE REGISTRY › Section 8.11.6.15 - NOTIFICATION TO THE CUSTODIAN

Current through Register Vol. 35, No. 13, July 16, 2024
APS shall promptly provide all required employee information
				  to the custodian of the final disposition of complaints of substantiated
				  registry-referred abuse, neglect or exploitation after the occurrence of each
				  of the following.
A.
No hearing
				requested.
The employee has not requested an administrative hearing
				within thirty (30) calendar days after the date of the notice to the employee
				following an investigation resulting in the determination of substantiated
				registry-referred abuse, neglect, or exploitation.
B.
Adjudication of abuse, neglect or
				exploitation.
The employee has not filed for review in the district
				court pursuant to the provisions of Section
				39-3-1.1
				NMSA 1978 after thirty (30) calendar days following the date of the final
				administrative adjudication decision of employee abuse, neglect or exploitation
				of sufficient severity for registry referral.
C.
Judicial decision.
Upon the
				receipt by APS of a district court order or decision sustaining the
				administrative adjudication decision of abuse, neglect or exploitation of
				sufficient severity for registry referral, if an employee seeks judicial review
				in the district court.
D.
Court of Appeals.
If the employee seeks review in the court of appeals
				by writ of certiorari, the employee shall remain on the registry, unless a stay
				is granted or the court of appeals reverses the district court. If a stay is
				granted or the court of appeals reverses, then notification shall be made to
				the custodian who shall promptly remove the employee from the
				registry.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 11 - ADULT PROTECTIVE SERVICES › Part 6 - EMPLOYEE ABUSE REGISTRY › Section 8.11.6.16 - ENTRY ON THE REGISTRY

Current through Register Vol. 35, No. 13, July 16, 2024
The custodian shall provide the employee and the provider for
				  whom the employee worked with notice of the employee's listing on the registry.
				  The following employees will be listed on the registry by the custodian.
A.
No hearing requested.
Any
				employee determined to have committed substantiated registry-referred abuse,
				neglect or exploitation who does not request an administrative hearing within
				thirty (30) calendar days after the date of the notice to the
				employee.
B.
Adjudicated
				decision.
Any employee who, after thirty (30) calendar days following
				the date of an adjudicated decision of abuse, neglect or exploitation, has not
				filed for review in the district court pursuant to the provisions of Section
				39-3-1.1
				NMSA 1978.
C.
Judicial
				decision.
Any employee for whom a district court has entered an order or
				decision sustaining an administrative adjudication of abuse, neglect or
				exploitation.
D.
Court of
				Appeals.
Any employee who seeks review in the court of appeals by writ
				of certiorari shall remain listed on the registry, unless a stay is granted
				pending the outcome of the case, or the court of appeals reverses the district
				court. If a stay is granted or the court of appeals reverses the district
				court, then the custodian shall promptly remove the employee from the
				registry.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 11 - ADULT PROTECTIVE SERVICES › Part 6 - EMPLOYEE ABUSE REGISTRY › Section 8.11.6.17 - REMOVAL FROM THE REGISTRY

Current through Register Vol. 35, No. 13, July 16, 2024
After a period of three years from the effective date of
				  placement on the registry, an individual on the registry may petition the
				  department of health for removal from the registry in accordance with the terms
				  of department of health rule 7.1.12 NMAC.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 11 - ADULT PROTECTIVE SERVICES › Part 6 - EMPLOYEE ABUSE REGISTRY › Section 8.11.6.18 - CONFIDENTIALITY

Current through Register Vol. 35, No. 13, July 16, 2024
The department complies with all state and federal
				  confidentiality requirements regarding information obtained in connection with
				  the operation of the Employee Abuse Registry program, including the Health
				  Insurance Portability and Accountability Act of 1996 (HIPAA).
A.
Confidentiality of
				information.
Information obtained by APS involving incidents or
				situations of suspected abuse, neglect or exploitation is confidential, and is
				not subject to public inspection until completion of all investigations and
				hearings, and then only to the extent specifically permitted by law and only
				such information that does not identify individuals who are receiving care or
				services from providers.
B.
Unsubstantiated complaints.
Complaints of suspected abuse, neglect or
				exploitation obtained by APS that are not substantiated following investigation
				are not public information, and are not subject to public inspection.
C.
Substantiated complaints.
Complaints of suspected abuse, neglect or exploitation obtained by APS that are
				substantiated following investigation are subject to public inspection only to
				the extent permitted by law and the disclosure may not include any identifying
				information about an individual who is receiving health care services from a
				provider.
D.
Permitted
				disclosures.
Nothing herein shall restrict an appropriate disclosure of
				information to the centers for medicare and medicaid services; nor shall any
				provision herein restrict disclosures to law enforcement officials, including
				the attorney general, district attorneys and courts, in accordance with the
				Adult Protective Services Act and the Resident Abuse and Neglect Act or other
				law.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 11 - ADULT PROTECTIVE SERVICES › Part 6 - EMPLOYEE ABUSE REGISTRY › Section 8.11.6.19 - CONFLICTS WITH 7.1.12 NMAC

Current through Register Vol. 35, No. 13, July 16, 2024
To the extent any provisions of this rule conflict with
				  department of health rule 7.1.12 NMAC, department employees shall be governed
				  by the terms of this rule.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 14 - JUVENILE JUSTICE › Part 1 - GENERAL PROVISIONS › Section 8.14.1.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule applies to clients and staff of the juvenile
				  justice division, also referred to as juvenile justice services, of the
				  CYFD.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 14 - JUVENILE JUSTICE › Part 1 - GENERAL PROVISIONS › Section 8.14.1.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Sections 32A-1-1 et seq., 32A-2-1 et seq., 32A-3-1 et seq.,
				  32A- 4-1 et seq., 32A-11-1 et seq., 32A-15-1 et seq. NMSA 1978 Comp., as
				  amended.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 14 - JUVENILE JUSTICE › Part 1 - GENERAL PROVISIONS › Section 8.14.1.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
To establish standards and guidelines for programs which
				  serve the best interest of the clients, persons and property under the
				  supervision or in the custody of the department, including implementation of
				  Cambiar New Mexico. This rule further establishes guidelines to address the
				  safety of clients and staff and for the protection of department resources.
				  This rule emphasizes the value and importance of staff in the delivery of
				  services to our clients.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 14 - JUVENILE JUSTICE › Part 1 - GENERAL PROVISIONS › Section 8.14.1.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
"Cambiar
				(Change) New Mexico"
refers to the name designated by the children,
				youth and families department (CYFD) for its juvenile justice reform initiative
				that focuses on rehabilitation and relationships. Clients and juvenile justice
				services' staff members build one-on-one relationships with each other and
				learn to interact in a completely different way then the old "correctional"
				model. Group building activities designed to build trust and communication are
				key components as well as family and community involvement.
B.
"Client"
refers to a person
				who is committed to the custody of CYFD's juvenile justice services or who is
				receiving services from juvenile justice services.
C.
"Critical self analysis"
refers to an office of general counsel (OGC) review of a specific serious
				client or staff related incident.
D.
"Department"
refers to the
				New Mexico children, youth and families department.
E.
"Director"
refers to the
				juvenile justice services director.
F.
"Facility"
refers to a
				facility operated by, or on behalf of CYFD's juvenile justice services, or any
				other facility or location designated by the juvenile justice services'
				director to house or provide care to clients committed to the custody of
				CYFD.
G.
"Juvenile justice
				services" or "juvenile justice division"
refers to the organizational
				unit within CYFD that operates juvenile justice facilities, and provides other
				services under the Delinquency Act, NMSA 1978 section 32A-2-1 et seq.
H.
"Media"
refers to
				representatives of general circulation newspapers or news magazines sold
				through newsstands or mail subscriptions to the general public; representatives
				of news programs of radio and television stations that hold federal
				communications commission licenses; or news services that provide material to
				these news outlets.
I.
"Secretary"
refers to the secretary of CYFD.
J.
"Secure facility"
refers to
				Camino Nuevo youth center, J. Paul Taylor center, youth diagnostic and
				development center or any other facility designated a secure facility by the
				director of juvenile justice services.
K.
"Staff"
refers to
				employee(s) of CYFD.
L.
"Superintendent"
refers to the chief administrator at a JJS
				facility.
M.
"Youth care
				specialist"
refers to juvenile justice services security employees whose
				primary duties include working directly with clients.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 14 - JUVENILE JUSTICE › Part 1 - GENERAL PROVISIONS › Section 8.14.1.8 - GENERAL PROVISIONS

Current through Register Vol. 35, No. 13, July 16, 2024
Juvenile justice services maintains a body of policies and
				  procedures that establishes its mission, goals, objectives, and standard
				  operating practices.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 14 - JUVENILE JUSTICE › Part 1 - GENERAL PROVISIONS › Section 8.14.1.9 - MISSION

Current through Register Vol. 35, No. 13, July 16, 2024
CYFD believes in the strengths and resiliency of families who
				  are our partners and for whom we advocate to enhance their safety and
				  well-being. CYFD respectfully serves and supports children and families and
				  supervises youth in a responsive, community-based system of care that is
				  client-centered, family-focused and culturally competent. CYFD partners with
				  communities to strengthen families in New Mexico to be productive and
				  self-sufficient. Juvenile justice services' focus is on rehabilitation and
				  regionalization, and on Cambiar New Mexico, which emphasizes rehabilitation and
				  regionalization.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 14 - JUVENILE JUSTICE › Part 1 - GENERAL PROVISIONS › Section 8.14.1.10 - ORGANIZATION

Current through Register Vol. 35, No. 13, July 16, 2024
Juvenile justice services maintains an organizational
				  structure providing a clear picture of its roles and responsibilities to the
				  public and the roles and responsibilities of its employees. Juvenile justice
				  services also groups similar functions together, establishes lines of
				  authority, maintains an effective span of control, and promotes two-way
				  channels of communication.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 14 - JUVENILE JUSTICE › Part 1 - GENERAL PROVISIONS › Section 8.14.1.11 - NON-DISCRIMINATION

Current through Register Vol. 35, No. 13, July 16, 2024
All services and licenses are provided in accordance with
				  federal and state constitutional, statutory and regulatory requirements. Except
				  as otherwise stated, the department and any contract provided service and
				  license shall be without regard to age, gender, race, religion, disability,
				  marital status, or tribal affiliation in accordance with the
				  law.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 14 - JUVENILE JUSTICE › Part 1 - GENERAL PROVISIONS › Section 8.14.1.12 - INTERAGENCY RELATIONSHIPS

Current through Register Vol. 35, No. 13, July 16, 2024
Juvenile justice services works with, and when appropriate
				  shares information with, other service programs within CYFD and other state
				  agencies to enhance the provision of services to clients.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 14 - JUVENILE JUSTICE › Part 1 - GENERAL PROVISIONS › Section 8.14.1.13 - REGULATIONS, POLICIES AND PROCEDURES

Current through Register Vol. 35, No. 13, July 16, 2024
Juvenile justice services maintains a manual of policies and
				  procedures directing its operations, invites public comment as required by law,
				  and conducts annual reviews on the effectiveness of its polices and
				  procedures.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 14 - JUVENILE JUSTICE › Part 1 - GENERAL PROVISIONS › Section 8.14.1.14 - PUBLIC INFORMATION AND MEDIA ACCESS

Current through Register Vol. 35, No. 13, July 16, 2024
The department's director of communications or public
				  information officer respond to inquiries from the media. Unless authorized by
				  the director or public information officer, staff members do not communicate
				  with the media as a representative of the department regarding CYFD
				  matters.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 14 - JUVENILE JUSTICE › Part 1 - GENERAL PROVISIONS › Section 8.14.1.15 - POLITICAL ACTIVITIES

Current through Register Vol. 35, No. 13, July 16, 2024
Juvenile justice services guidelines for political activities
				  is guided by CYFD's policy and procedure, State Personnel Act and state
				  personnel board rules.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 14 - JUVENILE JUSTICE › Part 1 - GENERAL PROVISIONS › Section 8.14.1.16 - CRITICAL SELF ANALYSIS

Current through Register Vol. 35, No. 13, July 16, 2024
CYFD may conduct an internal review of any critical situation
				  in which self-analysis is determined to be appropriate. Critical self-analysis
				  is confidential and privileged and not for publication or release. Unauthorized
				  disclosure of critical self analysis documentation and content is grounds for
				  discipline, including termination.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 14 - JUVENILE JUSTICE › Part 1 - GENERAL PROVISIONS › Section 8.14.1.17 - LEGAL COUNSEL

Current through Register Vol. 35, No. 13, July 16, 2024
CYFD's office of general counsel is available to review
				  policies, procedures and practices to ensure they are consistent with federal
				  and New Mexico state statutes, regulations and relevant court decisions. The
				  office of general counsel is also available to assist juvenile justice services
				  employees as needed in the performance of their duties.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 14 - JUVENILE JUSTICE › Part 1 - GENERAL PROVISIONS › Section 8.14.1.18 - CLEAN INDOOR AIR ACT

Current through Register Vol. 35, No. 13, July 16, 2024
Juvenile justice services buildings, offices and work areas
				  comply with the Dee Johnson Clean Indoor Air Act. All employees, clients and
				  visitors will be notified of any designated tobacco free or tobacco use
				  zones.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 14 - JUVENILE JUSTICE › Part 1 - GENERAL PROVISIONS › Section 8.14.1.19 - CHILD ADVOCACY GROUPS

Current through Register Vol. 35, No. 13, July 16, 2024
Approved advocacy personnel have access to staff members,
				  administrators, clients and client records. Facility superintendents are
				  responsible for ensuring that staff who have contact with clients sign a copy
				  of the department approved form called "acknowledgement of receipt and
				  understanding" pertaining to advocacy groups and that these signed forms become
				  a part of the of the employee's personnel file.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 14 - JUVENILE JUSTICE › Part 1 - GENERAL PROVISIONS › Section 8.14.1.20 - PROCEDURES

Current through Register Vol. 35, No. 13, July 16, 2024
The juvenile justice services director will make appropriate
				  internal procedures available to the public but reserves the right to add,
				  delete or modify internal procedures without notice or comment in furtherance
				  of the mission and goals of the department or service area.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 14 - JUVENILE JUSTICE › Part 2 - PROBATION AND AFTERCARE SERVICES › Section 8.14.2.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule applies to the youth and family services (YFS)
				  employees of the children, youth and families department (CYFD) charged with
				  the supervision and planning functions of probation and aftercare/ services for
				  youth released from juvenile justice facilities. These employees are known as
				  juvenile probation officers (JPO).
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 14 - JUVENILE JUSTICE › Part 2 - PROBATION AND AFTERCARE SERVICES › Section 8.14.2.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Chapters 32A-1-1, et seq., 32A-2-1 et seq., 32A-3-1, et seq.,
				  32A-3A-1 et seq., 32A-4-1 et seq., 32A-6-1 et seq., 32A-7-1 et seq., 32A-9-1 et
				  seq., 32A-10-1 et seq., 32A-11-1 et seq., 32A-12-1 et seq., 32A-13-1 et seq.,
				  32A-17-1 et seq., 32A-21-1 et seq. NMSA 1978 Comp., as amended. Supreme Court
				  Rules: 10-201, 10-202,10-203,10-206, 10-207,10-208, 10-209, 10-211, 10-229,
				  10-231.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 14 - JUVENILE JUSTICE › Part 2 - PROBATION AND AFTERCARE SERVICES › Section 8.14.2.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
To provide for a coordinated continuum of services for the
				  client and family and to establish guidelines for juvenile probation and
				  aftercare services for youth exiting a juvenile justice facility requiring
				  supervision.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 14 - JUVENILE JUSTICE › Part 2 - PROBATION AND AFTERCARE SERVICES › Section 8.14.2.8 - SUPERVISION OF FIELD STAFF

Current through Register Vol. 35, No. 13, July 16, 2024
The department provides court ordered conditional release,
				  probation, and supervised release services 24 hours a day, seven days a
				  week.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 14 - JUVENILE JUSTICE › Part 2 - PROBATION AND AFTERCARE SERVICES › Section 8.14.2.9 - INTAKE AND DETENTION

Current through Register Vol. 35, No. 13, July 16, 2024
A. Youth
				and family services (YFS) staff screen, assess, and recommend disposition on
				referrals to the appropriate authority. Supervisors review staff referral
				decisions.
(1) YFS staff date stamps the
				referral when the office receives the referral from law enforcement.
(2) If the client is not detained, the (PI)
				shall be conducted within thirty calendar days of receipt of the referral from
				law enforcement. The thirty calendar day time period may be extended upon
				determination by the department that an extension is necessary to conduct a
				thorough preliminary inquiry and that the extension is not prejudicial to the
				best interests of the client. Within two business days of the completion of the
				preliminary inquiry, probation services shall forward information therein to
				the children's court attorney.
(3)
				If the client is detained prior to conducting a (PI), the juvenile probation
				staff gives reasonable notice to the client's parent, guardian or custodian
				and/or the child's attorney and an opportunity to be present at the preliminary
				inquiry.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 14 - JUVENILE JUSTICE › Part 2 - PROBATION AND AFTERCARE SERVICES › Section 8.14.2.10 - ELECTRONIC MONITORING

Current through Register Vol. 35, No. 13, July 16, 2024
Juvenile probation staff provides supervision and assistance
				  to a child placed on electronic monitoring by a court order /supervised
				  released youth as ordered by the department or probation/supervised release
				  violators that meet graduation sanctions criteria approved by the chief
				  juvenile probation officer/designee.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 14 - JUVENILE JUSTICE › Part 2 - PROBATION AND AFTERCARE SERVICES › Section 8.14.2.11 - FAMILIES IN NEED OF SERVICES

Current through Register Vol. 35, No. 13, July 16, 2024
Juvenile probation staff accesses available department and
				  local resources for providing FINS services.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 14 - JUVENILE JUSTICE › Part 2 - PROBATION AND AFTERCARE SERVICES › Section 8.14.2.12 - PREDISPOSITION INVESTIGATION AND BASELINE ASSESSMENT

Current through Register Vol. 35, No. 13, July 16, 2024
A. After a petition has been filed and either
				a finding with respect to the allegations of the petition has been made or a
				notice of intent to admit the allegations has been filed, the court may direct
				youth and family services or an appropriate agency designated by the court to
				write a predisposition study and report. Juvenile probation staff provides
				court ordered predisposition reports to the parties and the court five business
				days before the actual disposition or sentencing (Section 32A-2-17, NMSA 1978).
				A predisposition report contains timely and accurate data.
B. The department shall prepare a
				predisposition report for:
(1) a serious
				youthful offender who is convicted of an offense other than first degree
				murder;
(2) a youthful offender
				concerning the youthful offender's amenability to treatment; or
(3) a delinquent offender when ordered by the
				court.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 14 - JUVENILE JUSTICE › Part 2 - PROBATION AND AFTERCARE SERVICES › Section 8.14.2.13 - SUPERVISION OF PROBATION AND SUPERVISED RELEASE CLIENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The juvenile probation officer supervises
				and provides assistance to a child placed on probation by a court order or on
				supervised release as ordered by the department.
B.
Classification of clients:
(1) Classification determines the level of
				supervision.
(2) Cases are reviewed
				at regular intervals and reclassified as warranted.
(3) In cases in which probation is a primary
				or alternative recommendation for disposition, staff identifies any special
				conditions needed to provide a rehabilitative supervision plan for the client
				and family, and recommends that the conditions be included along with the
				generally imposed conditions of probation.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 14 - JUVENILE JUSTICE › Part 2 - PROBATION AND AFTERCARE SERVICES › Section 8.14.2.14 - SEARCHES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Authorized
				department personnel are allowed to conduct searches of a client's person and
				of property used by the client or under the client's control as provided for in
				orders of the court or department and as further provided for in procedures,
				where not inconsistent with orders of the court, the department, or federal or
				state law.
B. JPO staff conducting
				client searches must be the same gender as that of the client.
C. In accordance with procedures, all
				contraband that is prohibited material by an order of the court or department
				that is discovered during searches is confiscated, inventoried, and stored
				until it is no longer needed as evidence.
(1)
				The chief juvenile probation officer designates an evidence custodian to
				maintain contraband or prohibited material in accordance with
				procedures.
(2) Final disposition
				or destruction of contraband or prohibited material is performed in accordance
				with procedures.
(3) If staff
				confiscates or discovers a weapon or illegal drug, staff immediately informs
				the chief juvenile probation /supervised release officer and contacts law
				enforcement with jurisdiction. For weapons and illegal drugs that are seized by
				law enforcement, the staff member confiscating or discovering the contraband
				documents the item on the department approved chain of custody form and retains
				a copy of the chain of custody form.
(4) Juvenile probation shall not assist with
				searches by law enforcement officers of persons or their property who are not
				JPO clients. Juvenile probation officers may assist with searches by law
				enforcement of probation clients, their residences or their property only when
				such searches are specifically and directly related to the order of the court
				or department relating to the juvenile client.
(5) Each chief juvenile probation officer
				superintendent is responsible for ensuring that staff who have contact with
				clients sign a copy of the department approved form called acknowledgement of
				receipt and understanding and that these signed forms are part of the of the
				employee's personnel file.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 14 - JUVENILE JUSTICE › Part 2 - PROBATION AND AFTERCARE SERVICES › Section 8.14.2.15 - TRANSFER

Current through Register Vol. 35, No. 13, July 16, 2024
A. Transfer of
				client supervision between counties can occur as defined in procedure
				PR8.14.2.13.8.
B. Client transfers
				to and from out of state jurisdictions occur; transfers are done according to
				the interstate compact on juveniles.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 14 - JUVENILE JUSTICE › Part 2 - PROBATION AND AFTERCARE SERVICES › Section 8.14.2.16 - PROBATION OR SUPERVISED RELEASE REVOCATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. Clients alleged to have violated the
				conditions of supervision may be placed in detention, provided the detention
				screening tool so indicates and the criteria for detention in state statute are
				met.
B. Staff investigates arrests,
				complaints, and alleged violations of conditions of supervision.
C. Staff make and document recommendations to
				the district attorney/children's court attorney, department, and the court to
				revoke the client's probation or supervised release when the client has failed
				to comply with any part of the probation or supervised release agreement and it
				is in the best interest of the client's rehabilitation and the public safety to
				do so.
D. Staff utilize community
				resources and intervention measures before recommending out of home
				placements.
E. Staff aid in the
				location and recovery of absconders by initiating arrest or retake warrants,
				and notifying law enforcement authorities of the possible locations of
				absconders.
F. A recovered
				absconder who has not committed a new delinquent act, and who is not viewed as
				a danger to the community may be restored to active supervision.
G. When a client violates supervised release
				conditions, a preliminary supervised release revocation hearing is conducted by
				YFS, unless the client waives his/her right to the hearing. The hearing officer
				records and prepares a written summary of the major issues, findings and
				decisions of that hearing. The summary is provided to clients and the facility
				release panel.
H. Prior to
				initiating a preliminary hearing based upon alleged violations of supervised
				release conditions which are a manifestation of the juvenile's disability, the
				JPO makes a written finding that mental health services in the community that
				are available and appropriate to deal with the juvenile's mental disabilities
				were ineffective.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 14 - JUVENILE JUSTICE › Part 2 - PROBATION AND AFTERCARE SERVICES › Section 8.14.2.17 - SUPERVISED RELEASE

Current through Register Vol. 35, No. 13, July 16, 2024
Juvenile probation services provides supervision and services
				  to supervised released youth and provides client information to the department
				  in a timely manner.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 14 - JUVENILE JUSTICE › Part 3 - FACILITY CLIENT EDUCATION › Section 8.14.3.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Chapters 32A-1-1, et seq., 32A-2-1 et seq., 32A-3-1, et seq.,
				  32A-3A-1 et seq., 32A-4-1 et seq., 32A-6-1 et seq., 32A-7-1 et seq., 32A-9-1 et
				  seq., 32A-10-1 et seq., 32A-11-1 et seq., 32A-12-1 et seq., 32A-13-1 et seq.,
				  32A-17-1 et seq., 32A-21-1 et seq.,
				  33-9A-1 et
				  seq. NMSA 1978 Comp., as amended. P.L. 89-133, P.L. 94-142, P.L.
				  89-199.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 14 - JUVENILE JUSTICE › Part 3 - FACILITY CLIENT EDUCATION › Section 8.14.3.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
Clients placed in the department's custody receive
				  appropriate and individualized educational programs and services. The programs
				  are designed to meet treatment, education and rehabilitative
				  needs.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 14 - JUVENILE JUSTICE › Part 3 - FACILITY CLIENT EDUCATION › Section 8.14.3.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Educational program
refers to a program of formal academic education or
				vocational training.
B.
IDEA
refers to Individuals with Disabilities Education Act.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 14 - JUVENILE JUSTICE › Part 3 - FACILITY CLIENT EDUCATION › Section 8.14.3.8 - EDUCATION, VOCATIONAL AND WORK PROGRAMS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Clients are provided academic and
				vocational counseling, initial screening, assessment and evaluation to
				determine individual needs. The programs are consistent with the needs of the
				client population and the requirements of state and federal statutes.
B. Educational programs are accredited with
				the state of New Mexico public education department and comply with federal and
				state mandates governing regular and special education (IDEA) requirements. The
				state of New Mexico licenses juvenile justice service educational
				instructors.
C. Coordination and
				continuity between educational, vocational and work programs are provided in
				the plan of care and transitional plan. Work programs do not interfere with
				educational and treatment programs. Educational services are not used as a
				reward or punishment for client behavior.
D. Clients have access to a comprehensive
				collection of general and specialized reference materials that meet
				educational, recreational and legal needs. Client special requests for
				reference materials, subject to limitations necessary to maintain facility
				order and security, are accommodated.
E. Credits, diplomas, letters of attendance,
				graduation exercises and other incentives are formally provided to recognize
				clients for educational and vocational achievements and are equivalent to those
				issued by the public education department.
F. Clients employed in the community are
				compensated at prevailing rates.
G.
				Juvenile justice service clients must adhere to and follow all federal and
				state laws as they relate to the terms, conditions and limitations on working
				hours and conditions of clients performing work in a JJS facility.
H. Educational records are confidential
				according to law.
I. Each facility
				superintendent is responsible for ensuring that staff who have contact with
				clients sign a copy of the department approved form called acknowledgement of
				receipts and understanding and that these signed forms are part of the of the
				employee's personnel file.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 14 - JUVENILE JUSTICE › Part 4 - FACILITY MEDICAL AND BEHAVIORAL HEALTH SERVICES › Section 8.14.4.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule applies to clients, facility staff and health care
				  providers administering care to the clients in the facilities of the juvenile
				  justice services of children, youth and families department and the operators
				  of facilities contracted by CYFD.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 14 - JUVENILE JUSTICE › Part 4 - FACILITY MEDICAL AND BEHAVIORAL HEALTH SERVICES › Section 8.14.4.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
NMSA 1978 section 9-2A-7(D) (2005) authorizes the secretary
				  of the children, youth and families department (CYFD) to adopt regulations as
				  necessary to carry out the duties of CYFD. NMSA 1978 section 32A-2-19(B)
				  provides that delinquent children may be committed to the legal custody of CYFD
				  for placement, supervision and rehabilitation and more generally NMSA 1978,
				  section 32A-2-1 et seq., (2005) the Delinquency Act, contains various
				  provisions relating to the commitment and custody of delinquent
				  children.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 14 - JUVENILE JUSTICE › Part 4 - FACILITY MEDICAL AND BEHAVIORAL HEALTH SERVICES › Section 8.14.4.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
August 15, 2008, unless a later date is cited at the end of a
				  section.