reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 8 - RESIDENTIAL HEALTH FACILITIES › Part 3 - REGULATIONS GOVERNING RESIDENTIAL SHELTER CARE FACILITIES FOR CHILDREN › Section 7.8.3.8 - RELATED REGULATIONS, LAWS AND CODES

Current through Register Vol. 35, No. 13, July 16, 2024
These regulations supplement the following regulations, laws,
				  codes and any future amendments to such regulations or superseding
				  regulations.
A. New Mexico Department
				of Health Regulation 7 NMAC 4.3, Control of Disease and Conditions of Public
				Health Significance, effective October 31, 1996.
B. New Mexico Department of Health Regulation
				7 NMAC 4.4, Control of Communicable Disease in Health Facility Personnel,
				effective October 31, 1996.
C. New
				Mexico Department of Health Regulation 7 NMAC 1.3, Health Records, effective
				October 31, 1996.
D. New Mexico
				Department of Health Regulation 7 NMAC 20.2, Comprehensive Behavioral Health
				Standards, effective January 1, 2000.
E. New Mexico Department of Health Regulation
				7 NMAC 1.7, Health Facility Licensure Fees and Procedures, effective October
				31, 1996.
F. New Mexico Department
				of Health Regulation 7 NMAC 1.2, Adjudicatory Hearings, effective February 1,
				1996.
G. New Mexico Health
				Department Regulations HED 85-6 (HSD) Governing Criminal Records Check and
				employment History of Licensees and Staff of Child Care Facilities, effective
				August 30, 1985, will be repealed and repromulgated as 8.8.3 NMAC, Regulations
				Governing Criminal Records Checks and Employment History
				Verification.
H. Environmental
				Improvement Board Regulation 7.6.2 NMAC, Food Service and Food Processing,
				effective August 12, 2000.
I. New
				Mexico State Fire Board Life Safety Code Handbook 101, effective June 9,
				1997.
J. Construction Industries
				Division Regulation 14 NMAC 7.3, 1977 Uniform Building Code, effective December
				31, 1998.
K. New Mexico Department
				of Health Regulation 7.5.2 NMAC, Immunization Requirement, effective September
				1, 2000.
L. New Mexico Department
				of Health Regulation 7 NMAC 1.7, Health Facility License Fees and Procedures,
				effective October 31, 1996.
M. New
				Mexico Department of Health Regulation 7 NMAC 1.8, Health Facility Sanctions
				and Civil Monetary Penalties, effective October 31, 1996.
N. New Mexico Children's Code NMSA 32A-1-1
				et. seq. (1997).
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 8 - RESIDENTIAL HEALTH FACILITIES › Part 3 - REGULATIONS GOVERNING RESIDENTIAL SHELTER CARE FACILITIES FOR CHILDREN › Section 7.8.3.9 - STANDARD OF COMPLIANCE

Current through Register Vol. 35, No. 13, July 16, 2024
The degree of compliance required throughout these
				  regulations is designated by the use of the words "shall", "must", "may", or
				  "should" "Shall" or "must" means mandatory. "May" means permissive. "Should"
				  means recommended, strongly advised or desirable.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 8 - RESIDENTIAL HEALTH FACILITIES › Part 3 - REGULATIONS GOVERNING RESIDENTIAL SHELTER CARE FACILITIES FOR CHILDREN › Section 7.8.3.10 - LICENSING CATEGORIES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Children's Crisis Shelter: Any 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. A Children's Crisis Shelter
				provides services on a twenty-four hour a day basis and is not limited as to
				total capacity. Children's records required for a Children's Crisis Shelter:
(1) Personal Information: Full name; Date of
				birth; Name address and telephone number of parents or legal
				guardian.
(2) Circumstances
				concerning the admission.
(3) Any
				condition which may require medical attention noticed at time of
				admission.
(4) Documentation as to
				efforts to obtain information not available at time of admission of the
				child.
(5) Admission
				Agreement.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 8 - RESIDENTIAL HEALTH FACILITIES › Part 3 - REGULATIONS GOVERNING RESIDENTIAL SHELTER CARE FACILITIES FOR CHILDREN › Section 7.8.3.11 - INITIAL LICENSURE PROCEDURES

Current through Register Vol. 35, No. 13, July 16, 2024
To apply for a license for a facility pursuant to these
				  regulations the following procedures must be followed by the applicant.
A. These regulations must be used as a
				reference for design of a new building, renovation or addition to an existing
				building.
B. The applicant of the
				proposed facility must advise the Licensing Authority of its intent to open a
				facility pursuant to these regulations.
C. Floor and Site Plans: All applications for
				initial licensure must be accompanied by a set of floor plans for the facility:
(1) Floor and site plans are of professional
				quality, on substantial paper of at least 18" x 24", and are drawn to an
				accurate scale of 1/4 to 1'.
(2)
				Floor plans include:
(a) Proposed use of each
				room, e.g., staff's bedroom, staff's toilet, children's bedrooms (include
				number of children intended to sleep in each room), living room, kitchen,
				laundry, etc.
(b) Interior
				dimensions of all rooms.
(i) One building or
				wall section showing exterior and interior wall construction. Section includes
				floor, wall, ceiling, and the finishes, e.g., carpet, tile, gypsum board with
				paint, wood paneling.
(ii) Door
				types, swing, and sizes of all doors, e.g., solid core, hollow core, 3'0" x
				6'8" x 1 3/4" thick.
(iii) Air
				conditioning, if applicable.
(iv)
				All sinks, tubs, showers and toilets.
(v) Windows including size, type, sill
				height, and openable area.
(vi) Any
				level changes within the building, e.g., sunken living room, ramps,
				steps.
(vii) A site/plot plan must
				be provided to indicate surrounding conditions including all steps, ramps,
				parking, walks and any permanent structures.
(viii) Indicate if the building is new
				construction, remodeled or alteration addition. If remodeled or an addition,
				the plans indicate existing and new construction plans.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 8 - RESIDENTIAL HEALTH FACILITIES › Part 3 - REGULATIONS GOVERNING RESIDENTIAL SHELTER CARE FACILITIES FOR CHILDREN › Section 7.8.3.12 - LICENSES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Annual License:
				The Licensing Authority may, at its sole discretion, issue a license for up to
				one year to a facility which is determined to be in substantial compliance with
				these regulations.
B. Temporary
				License: The Licensing Authority at its sole discretion may issue a Temporary
				License, after an on-site survey, if it determines the facility to be in
				partial compliance with these regulations.
(1)
				A Temporary License shall cover a period of time not to exceed 120 days, during
				which time the facility must correct all specified deficiencies. In order to be
				issued a Temporary License, deficiencies may not be violations of health and
				safety standards.
(a) The facility must submit
				an Action Plan within ten days. The Licensing Authority approves the Action
				Plan. The facility is then either inspected on-site again, or is required to
				submit proof of correction through submission of appropriate and relevant
				documentation within ten days.
(b)
				If the facility does not meet licensing requirements at the end of the
				Temporary Licensure period, a second Temporary License may be granted. Another
				application must be submitted before a second Temporary License may be issued.
				Only two consecutive Temporary Licenses may be granted.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 8 - RESIDENTIAL HEALTH FACILITIES › Part 3 - REGULATIONS GOVERNING RESIDENTIAL SHELTER CARE FACILITIES FOR CHILDREN › Section 7.8.3.13 - LICENSE RENEWAL

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				Licensee submits a renewal application on the forms obtained from the Licensing
				Authority, along with the required fee, at least 30 days prior to the
				expiration of the current license.
B. Upon receipt of the renewal application
				and required fee, and prior to the expiration of the current license, the
				Licensing Authority conducts an on-site survey and issues a new license
				effective the day following the date of expiration of the current license if
				the facility is in substantial compliance with these regulations.
C. If a licensee fails to submit a renewal
				application with the required fee and the current license lapses, the facility
				ceases operations until it obtains a new license through the initial license
				procedures.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 8 - RESIDENTIAL HEALTH FACILITIES › Part 3 - REGULATIONS GOVERNING RESIDENTIAL SHELTER CARE FACILITIES FOR CHILDREN › Section 7.8.3.14 - POSTING OF LICENSE

Current through Register Vol. 35, No. 13, July 16, 2024
The facility's license is posted on the licensed premises in
				  an area visible to the public.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 8 - RESIDENTIAL HEALTH FACILITIES › Part 3 - REGULATIONS GOVERNING RESIDENTIAL SHELTER CARE FACILITIES FOR CHILDREN › Section 7.8.3.15 - NON-TRANSFERABLE RESTRICTIONS ON A LICENSE

Current through Register Vol. 35, No. 13, July 16, 2024
A. A license is nontransferable to other
				persons or locations.
B. The
				license is null and void and is returned to the Licensing Authority when any
				one of the following situations occur:
(1)
				Ownership of the facility changes.
(2) The facility changes location.
(3) The licensee of the facility
				changes.
(4) The facility
				discontinues or suspends operations.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 8 - RESIDENTIAL HEALTH FACILITIES › Part 3 - REGULATIONS GOVERNING RESIDENTIAL SHELTER CARE FACILITIES FOR CHILDREN › Section 7.8.3.16 - AUTOMATIC EXPIRATIONS OF A LICENSE

Current through Register Vol. 35, No. 13, July 16, 2024
A license automatically expires at midnight on:
A. The day indicated on the license as the
				expiration date, unless renewed, suspended, or revoked; or:
B. The day a facility discontinues or
				suspends operation; or
C. The day a
				facility is sold, leased, or otherwise changes ownership and/or licensee;
				or
D. The day a facility changes
				location.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 8 - RESIDENTIAL HEALTH FACILITIES › Part 3 - REGULATIONS GOVERNING RESIDENTIAL SHELTER CARE FACILITIES FOR CHILDREN › Section 7.8.3.17 - SUSPENSION OR REVOCATION OF A LICENSE OR IMPOSITION OF EMERGENCY SANCTIONS WITHOUT PRIOR HEARING

Current through Register Vol. 35, No. 13, July 16, 2024
In accordance with Section 24-1.5 (H) NMSA 1978, if immediate
				  action is required to protect human health and safety, the Licensing Authority
				  may immediately suspend or revoke a license or impose emergency sanctions
				  pending a hearing, provided such hearing is held within five working days of
				  such action, unless waived by the licensee.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 8 - RESIDENTIAL HEALTH FACILITIES › Part 3 - REGULATIONS GOVERNING RESIDENTIAL SHELTER CARE FACILITIES FOR CHILDREN › Section 7.8.3.18 - GROUNDS FOR REVOCATION, SUSPENSION OF LICENSE, DENIAL OF INITIAL OR RENEWAL APPLICATION FOR LICENSE, OR IMPOSITION OF SANCTIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A license may be revoked or suspended, an initial or renewal
				  application for license may be denied, or sanctions may be imposed after notice
				  and opportunity for a hearing, for any of the following:
A. Failure to comply with any provision(s) of
				these regulations.
B. Failure to
				allow surveys by authorized representatives of the Licensing
				Authority.
C. Employment of any
				person convicted of a felony or misdemeanor including a misdemeanor involving
				moral turpitude or presence at a facility of a staff member under the influence
				of alcohol or mood-altering drugs. If after employment, a staff member is
				charged and/or convicted of a felony or misdemeanor involving moral turpitude
				and it is known to the agency, it is immediately reported to the Licensing
				Authority.
D. Purposeful or
				intentional misrepresentation(s) or falsification(s) of any information on
				application forms or other documents provided to the Licensing
				Authority.
E. Discovery of repeat
				violations of these regulations or failure to correct deficiencies of survey
				findings in current or past contiguous or noncontiguous licensure
				periods.
F. Presence of and or a
				history of licensure revocation, suspension, denial, other similar disciplinary
				actions taken by regulatory bodies within this state, or other states
				regardless of whether any of these actions resulted in a settlement.
G. Failure to provide the required care and
				services as outlined by these regulations for the clients receiving care at the
				facility.
H. Exceeding licensed
				capacity.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 8 - RESIDENTIAL HEALTH FACILITIES › Part 3 - REGULATIONS GOVERNING RESIDENTIAL SHELTER CARE FACILITIES FOR CHILDREN › Section 7.8.3.19 - HEARINGS AND APPEALS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Appeals
				of any sanction except "Revocation or Suspension of a License or Imposition of
				Emergency Sanction(s) Without Prior Hearing" as outlined above, are made in
				writing to the Licensing Authority within 10 business days of receipt of the
				official notice of revocation, suspension, denial of licensure.
B. When an appeal is filed the sanction is
				stayed until a hearing is held and final determination issued or an informal
				resolution reached, unless it is an emergency revocation or suspension of
				license. A hearing will beheld within 30 calendar days.
C. The entity filing the appeal may also
				request an informal resolution conference at that time. The purpose of the
				informal resolution conference is to allow the entity receiving the sanction an
				opportunity to present information on plans to remedy deficiencies and discuss
				possible pre-hearing dispositions. This does not apply to the emergency
				revocation or suspension of a license or to the imposition of emergency
				sanctions.
D. The Licensing
				Authority and the licensee may informally resolve any filed or potential appeal
				arising from the imposition of sanctions. However, in the case of an emergency
				revocation or suspension of licensure and/or the imposition of an emergency
				sanction, there is no stay available.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 8 - RESIDENTIAL HEALTH FACILITIES › Part 3 - REGULATIONS GOVERNING RESIDENTIAL SHELTER CARE FACILITIES FOR CHILDREN › Section 7.8.3.20 - CURRENTLY LICENSED FACILITIES

Current through Register Vol. 35, No. 13, July 16, 2024
Any facility currently licensed on the date these regulations
				  are promulgated and which provides the services prescribed under these
				  regulations, but which fails to meet all building requirements, may, at the
				  discretion of the Licensing Authority, continue to be licensed as a children's
				  crisis shelter, community home, multi service home, or new or innovative
				  programs. Variances may be granted for those building requirements the facility
				  cannot meet, provided:
A. The
				variances granted will not create a hazard to the health, safety and welfare of
				the clients and staff or otherwise deny access to any disabled person who is
				otherwise qualified to receive services from the facility; and
B. The building requirements for which
				variances are granted cannot be corrected without an unreasonable expense to
				the facility; and
C. Variances are
				not in conflict with existing building and fire codes; and
D. Variances granted are recorded and made a
				permanent part of the facility file; and
E. Variances granted continue to be in effect
				as long as the facility continues to provide services pursuant to these
				regulations and meet the criteria of 7.8.3.20A NMAC. These variances are not
				transferable to a different facility or transferred/assigned upon the sale of
				the facility.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 8 - RESIDENTIAL HEALTH FACILITIES › Part 3 - REGULATIONS GOVERNING RESIDENTIAL SHELTER CARE FACILITIES FOR CHILDREN › Section 7.8.3.21 - NEW FACILITY

Current through Register Vol. 35, No. 13, July 16, 2024
A. If a
				facility is opened in an existing building, a variance may be granted for those
				building requirements the facility cannot meet under the same criteria outlined
				in these regulations and if not in conflict with existing building and fire
				codes. Such a variance is granted at the sole discretion of the Licensing
				Authority.
B. A new facility opened
				in a newly constructed building must meet all requirements of these
				regulations.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 8 - RESIDENTIAL HEALTH FACILITIES › Part 3 - REGULATIONS GOVERNING RESIDENTIAL SHELTER CARE FACILITIES FOR CHILDREN › Section 7.8.3.22 - FACILITY SURVEYS

Current through Register Vol. 35, No. 13, July 16, 2024
A. A
				survey by the Licensing Authority is conducted at a minimum once per year in
				each facility licensed pursuant to these regulations. Additional surveys or
				on-site visits may be made to provide the facility with technical assistance,
				and/or to assess and monitor progress with correction of violations found on
				previous surveys or to investigate complaints of allegations of abuse, neglect
				or exploitation.
B. The facility is
				provided with a written report of the findings within 10 business days of
				completion of the survey.
C. The
				facility may be required to submit an Action Plan, approved by the Licensing
				Authority, within 10 business days of receipt of the findings. The Action Plan
				may be a Directed Action Plan due to the serious nature of the deficiencies and
				the Licensing Authority will expect health and safety deficiencies to be
				corrected immediately.
D. The
				Licensing Authority, at its sole discretion, may accept the Action Plan as
				written or require modifications of the Action Plan by the licensee.
E. Application for licensure, whether initial
				or renewal, constitutes permission for entry into, and surveys of, a facility
				by the authorized Licensing Authority representatives at reasonable times while
				the application is pending, and if licensed, during the licensure
				period.
F. Licensing Authority
				surveyors have the right to enter upon and into the premises of any facility
				which is licensed or required to be licensed, whether or not an application for
				licensure has been made, at any reasonable time for the purpose of determining
				the state of compliance with these regulations.
G. On-site surveys are announced or
				unannounced at the sole discretion of the Licensing Authority.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 8 - RESIDENTIAL HEALTH FACILITIES › Part 3 - REGULATIONS GOVERNING RESIDENTIAL SHELTER CARE FACILITIES FOR CHILDREN › Section 7.8.3.23 - COMPLAINT AND INVESTIGATION PROCEDURES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Submission of complaints: Complaints
				regarding any facility licensed pursuant to these regulations are submitted to
				the Licensing Authority.
B. The
				Licensing Authority will process any complaint regarding any facility licensed
				or required to be licensed under these regulations.
C. A Licensing Authority representative
				receiving complaints will ask complainants to identify themselves and provide
				all information necessary to document the complaint.
D. The Licensing Authority will investigate
				any complaint in which the health, safety, or welfare of a child could be in
				danger.
E. Initiation of
				investigation: The Department screens, and if it deems appropriate, will
				initiate an investigation within 30 business days from receipt of a complaint.
				If it is probable that the health, safety, or welfare of a child is in
				jeopardy, the complaint is investigated as soon as possible after the complaint
				is made.
F. Results of
				investigation: The licensee of the facility is notified of the results of the
				investigation in writing.
G.
				Anonymity may be requested by the complainant, but cannot be
				guaranteed.
H. Action by the
				Licensing Authority in response to a complaint:
(1) Unsubstantiated complaint: A complaint
				which is unsubstantiated by the Licensing Authority is not made part of the
				facility file and the Licensing Authority takes no further action.
(2) Substantiated complaint: The Licensing
				Authority may take the following actions if a complaint is substantiated:
(a) Require the facility to submit a written
				Action Plan to the Licensing Authority.
(b) Impose other sanctions that may include,
				but not be limited to, the denial, suspension or revocation of a license, or
				the filing of criminal charges, or a civil action which may be initiated by the
				Licensing Authority.
(c) The
				complaint will be made part of the Licensing Authority's file on the
				facility.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 8 - RESIDENTIAL HEALTH FACILITIES › Part 3 - REGULATIONS GOVERNING RESIDENTIAL SHELTER CARE FACILITIES FOR CHILDREN › Section 7.8.3.24 - CAPACITY OF A FACILITY

Current through Register Vol. 35, No. 13, July 16, 2024
The capacity of a facility licensed pursuant to these
				  regulations is determined by the following:
A. All facilities, except Children's Crisis
				Shelters, are limited to a total capacity of 16 children in a single
				residential building.
B. By square
				footage of children's sleeping rooms as specified by these
				regulations.
C. The capacity as
				reflected on the license issued to a facility licensed pursuant to these
				regulations must not be exceeded at any time. EXCEPTION: The facility may
				exceed its licensed capacity for a period not to exceed 72 hours due to
				emergency placements by families, Juvenile Probation and Parole Officers,
				sheriff, police, court or Protective Services. The facility notifies the
				Licensing Authority within one business day of the event.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 8 - RESIDENTIAL HEALTH FACILITIES › Part 3 - REGULATIONS GOVERNING RESIDENTIAL SHELTER CARE FACILITIES FOR CHILDREN › Section 7.8.3.25 - REPORTING OF INCIDENTS

Current through Register Vol. 35, No. 13, July 16, 2024
All facilities licensed pursuant to these regulations must
				  report immediately by phone and follow-up in writing to the Licensing Authority
				  within 24 hours, any serious incident or unusual occurrence which has, or could
				  threaten the health, safety, or welfare of the clients or staff of the
				  facility. Such incidents may include, but are not limited to:
A. Fire, flood, or other natural disaster
				which creates structural damages to the facility or poses health
				hazards;
B. Any outbreak of
				contagious disease dangerous to the public health;
C. Any human act(s) by staff member(s) or
				client(s) of the facility which presents or poses possible physical and/or
				psychological health hazards;
D.
				Any human act(s) by staff member(s) or client(s) of the facility which results
				in the serious illness, injury, or physical and/or psychological
				impairment;
E. Any death of a
				client;
F. Any suspected client
				abuse, neglect or exploitation of a client, as defined in these
				regulations.
G. Incidents that
				include acts of physical harm to a client by staff or other clients.
H. Absence of clients without permission,
				including not returning from a pass, for longer than 24 hours past the
				designated return time.
I. Any
				non-informational call made to poison control involving potential harm to a
				client or resulting in treatment of a client.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 8 - RESIDENTIAL HEALTH FACILITIES › Part 3 - REGULATIONS GOVERNING RESIDENTIAL SHELTER CARE FACILITIES FOR CHILDREN › Section 7.8.3.26 - REPORTS AND RECORDS REQUIRED TO BE ON FILE IN THE FACILITY

Current through Register Vol. 35, No. 13, July 16, 2024
A. Each facility
				licensed pursuant to these regulations maintains the following reports and
				records on file and makes them available for review upon request by the
				Licensing Authority:
(1) A copy of the
				current Residential Shelter Care Regulations;
(2) A copy of the latest fire inspection
				report by the fire authority having jurisdiction;
(3) A copy of the last survey conducted by
				the Licensing Authority including any variances granted;
(4) Records of monthly fire and emergency
				evacuation drills conducted by the facility;
(5) Health certificates of staff;
(6) Agreements or contracts with other health
				care providers to provide services that are not available in the facility, if
				applicable;
(7) Latest inspection
				of drug room by State Board of Pharmacy, if applicable; and
(8) New Mexico Environment Department
				approval of private waste, sewage disposal, or kitchen, if
				applicable.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 8 - RESIDENTIAL HEALTH FACILITIES › Part 3 - REGULATIONS GOVERNING RESIDENTIAL SHELTER CARE FACILITIES FOR CHILDREN › Section 7.8.3.27 - FACILITY RULES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Each
				facility has written rules which are age appropriate and clear and
				understandable to the children in care. The rules include but are not limited
				to the following:
(1) The use of tobacco or
				alcohol;
(2) The use of the
				telephone;
(3) Visitors and
				visiting hours;
(4) Daily routine
				of the facility such as bed times, free time, study hours, use of personal
				possessions, playing of radios and watching television; and
(5) Leaving the premises of the
				facility;
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 8 - RESIDENTIAL HEALTH FACILITIES › Part 3 - REGULATIONS GOVERNING RESIDENTIAL SHELTER CARE FACILITIES FOR CHILDREN › Section 7.8.3.28 - CHILDREN'S RIGHTS

Current through Register Vol. 35, No. 13, July 16, 2024
All facilities licensed pursuant to these regulations must
				  support, protect, and enhance the rights of children.
A. A facility must not make discriminatory
				distinction or refuse admission and services to any child based solely on
				consideration of race, religion, color, national origin, ancestry, sex,
				physical or mental handicap.
B. At
				time of admission to a facility licensed pursuant to these regulations the
				child's parent or legal guardian will be given a copy of children's rights as
				listed below. These rights will also be posted in the facility:
(1) The right to confidentiality of
				records.
(2) The right to use
				his/her own personal possessions.
(3) The right to preparation and maintenance
				of accurate and complete records during any stay in the facility.
(4) The right to privacy.
(5) The right to humane care and
				environment.
(6) The right of
				religious worship.
(7) The right to
				receive visitors in private at reasonable times.
(8) The right to written and telephone access
				which includes the right to send and receive correspondence unopened by others
				and the right of private telephone conversations.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 8 - RESIDENTIAL HEALTH FACILITIES › Part 3 - REGULATIONS GOVERNING RESIDENTIAL SHELTER CARE FACILITIES FOR CHILDREN › Section 7.8.3.29 - ADMISSION AGREEMENT

Current through Register Vol. 35, No. 13, July 16, 2024
Prior to admission to a facility, the licensee or authorized
				  representative and the child's parent/s or guardian, shall sign a written
				  admission agreement. The facility shall keep the original agreement in the
				  child's records and a copy must be provided to the child's parents or guardian.
				  A standard form may be developed and used. The admission agreement must meet
				  the criteria stated below:
A. The
				services that will be provided by the facility and the charges for such
				services must be explained in full.
B. The method of payment for the services
				must be clearly stated.
C. Terms
				for termination of the admission agreement either on part of the facility or
				the parents or guardian must be clearly outlined.
D. A new admission agreement must be made
				whenever any term of the agreement is changed by either the facility or the
				parents or guardian.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 8 - RESIDENTIAL HEALTH FACILITIES › Part 3 - REGULATIONS GOVERNING RESIDENTIAL SHELTER CARE FACILITIES FOR CHILDREN › Section 7.8.3.30 - PERSONNEL AND STAFFING REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Governing Body: Each facility licensed
				pursuant to these regulations shall have a governing body. The governing body
				shall:
(1) Have ultimate authority for the
				overall operation of the facility program and is responsible for ensuring a
				facility's continual compliance and conformity with the program goals of the
				facility;
(2) Adopt and
				periodically review and revise written by-laws and policies. These must define
				the program goals, describe and define the major lines of authority and areas
				of responsibility within the facility;
(3) Appoint a director to implement its
				policies.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 8 - RESIDENTIAL HEALTH FACILITIES › Part 3 - REGULATIONS GOVERNING RESIDENTIAL SHELTER CARE FACILITIES FOR CHILDREN › Section 7.8.3.31 - STAFF EVALUATION AND DEVELOPMENT

Current through Register Vol. 35, No. 13, July 16, 2024
A. A facility licensed pursuant to these
				regulations must have a written plan for the orientation, ongoing staff
				development, supervision and evaluation of all staff members.
(1) A facility licensed pursuant to these
				regulations must document that direct service staff members have received
				appropriate training to include, but not limited to the following:
(a) The facility's emergency and safety
				procedures on a semi-annual basis.
(b) The principles and practices of child
				care.
(c) The facility's
				administrative procedures and overall program goals.
(d) Acceptable behavior management
				techniques.
(e) Crisis
				management.
(f) Use of restraints
				if used in the facility program.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 8 - RESIDENTIAL HEALTH FACILITIES › Part 3 - REGULATIONS GOVERNING RESIDENTIAL SHELTER CARE FACILITIES FOR CHILDREN › Section 7.8.3.32 - DIRECT SERVICE STAFF/CHILD RATIO

Current through Register Vol. 35, No. 13, July 16, 2024
The following direct services staff/child ratios must be
				  maintained:
A. For children under the
				age of six (6) years at least one (1) direct service staff for every six (6)
				children or fraction thereof.
B.
				For children over the age of six (6) years at least one (1) direct service
				staff for every sixteen (16) children or fraction thereof. One (1) direct
				service staff for every six (6) children under the age of six (6) or fraction
				thereof, and one (1) direct services staff to every twelve (12) children during
				the sleeping hours.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 8 - RESIDENTIAL HEALTH FACILITIES › Part 3 - REGULATIONS GOVERNING RESIDENTIAL SHELTER CARE FACILITIES FOR CHILDREN › Section 7.8.3.33 - SUPERVISION OF CHILDREN

Current through Register Vol. 35, No. 13, July 16, 2024
Children must be supervised at all times. In addition:
A. During the sleeping hours of children, a
				staff member must be immediately available to respond to their needs.
B. The facility must have at least one staff
				member on call to cover for any staff member on duty in case of illness or
				emergency.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 8 - RESIDENTIAL HEALTH FACILITIES › Part 3 - REGULATIONS GOVERNING RESIDENTIAL SHELTER CARE FACILITIES FOR CHILDREN › Section 7.8.3.34 - STAFF RECORDS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Each
				facility licensed pursuant to these regulations must maintain a complete record
				on file for each staff member or volunteer. Staff records are made available
				for review upon request of the Licensing Authority. Staff records contain at a
				minimum the following:
(1) Name;
(2) Address and telephone number;
(3) Position for which employed;
(4) Date first employed;
(5) Documentation of a minimum of three
				references checked;
(6) A person(s)
				to contact in case of an emergency;
(7) A copy of the current First Aid and CPR
				Certificate for direct child care staff;
(8) Health certificate stating that the
				employee is free from tuberculosis in a transmissible form as required by the
				New Mexico Department of Health regulations, Control of Communicable Disease in
				Health Facility Personnel, 7 NMAC 4.4.
(9) A clearance letter from the Department
				stating the Criminal Records Check has been conducted with negative results as
				referenced in NMSA 1978 32A-15-3;
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 8 - RESIDENTIAL HEALTH FACILITIES › Part 3 - REGULATIONS GOVERNING RESIDENTIAL SHELTER CARE FACILITIES FOR CHILDREN › Section 7.8.3.35 - POLICIES AND PROCEDURES

Current through Register Vol. 35, No. 13, July 16, 2024
All facilities licensed pursuant to these regulations must
				  have written policies and procedures for the following:
A. Reporting of suspected child abuse,
				neglect or exploitation, pursuant to these regulations.
B. Actions to be taken in case of accidents
				or emergencies involving a child, including death.
C. Disciplinary methods utilized by the
				facility.
D. Actions to be taken
				when a child is found to be absent without authorization.
E. The administration and preparation of
				medication.
F. The handling of
				children's funds.
G.
				Confidentiality of the children's records.
H. The use of seclusion rooms and/or
				restraints, if used by the facility.
I. Maintenance of building(s) and
				equipment.
J. Fire and
				evacuation.
K. The handling of
				complaints received from clients, parents, guardians or any other
				person.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 8 - RESIDENTIAL HEALTH FACILITIES › Part 3 - REGULATIONS GOVERNING RESIDENTIAL SHELTER CARE FACILITIES FOR CHILDREN › Section 7.8.3.36 - PERSONNEL AND STAFF REQUIREMENTS CRIMINAL RECORDS CHECKS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Criminal Record Checks pursuant to
				32A-15-3 NMSA 1978
(1) The agency conducts
				appropriate, legally permissible and mandated State and federal criminal
				records inquiries into the background of agency personnel, including employees
				and volunteers, and prospective employees and volunteers.
(2) Non-compliance with these Criminal
				Records Checks Standards may result in sanction or loss of license.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 8 - RESIDENTIAL HEALTH FACILITIES › Part 3 - REGULATIONS GOVERNING RESIDENTIAL SHELTER CARE FACILITIES FOR CHILDREN › Section 7.8.3.37 - OUTDOOR PLAY AREAS, EQUIPMENT, TOOLS, VEHICLES, AND OTHER LIKE ITEMS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Facilities
				providing services to children 12 years of age and younger will have an outdoor
				play area, meeting the following requirements:
(1) The play area should be provided with
				equipment appropriate to the age level of the children.
(2) A play area located adjacent to a public
				street or highway will have the play area fenced with at least one latched gate
				available for emergency exits. All stationary outdoor play equipment for
				children should be positioned in a way that helps prevent accidents, permits
				freedom of action, and is securely fastened to the ground. Outdoor play
				equipment for children shall include energy-absorbing surfaces and be
				maintained in good repair at all times.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 8 - RESIDENTIAL HEALTH FACILITIES › Part 3 - REGULATIONS GOVERNING RESIDENTIAL SHELTER CARE FACILITIES FOR CHILDREN › Section 7.8.3.38 - COUNSELING AREA

Current through Register Vol. 35, No. 13, July 16, 2024
A facility will provide a designated room or area to allow
				  private discussions and counseling sessions, as appropriate, between individual
				  children, families, staff and others as appropriate.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 8 - RESIDENTIAL HEALTH FACILITIES › Part 3 - REGULATIONS GOVERNING RESIDENTIAL SHELTER CARE FACILITIES FOR CHILDREN › Section 7.8.3.39 - EDUCATION

Current through Register Vol. 35, No. 13, July 16, 2024
Each facility licensed pursuant to these regulations ensures
				  that every child in residence attend(s) an appropriate education program in
				  accordance with New Mexico State law.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 8 - RESIDENTIAL HEALTH FACILITIES › Part 3 - REGULATIONS GOVERNING RESIDENTIAL SHELTER CARE FACILITIES FOR CHILDREN › Section 7.8.3.40 - TRANSPORTATION

Current through Register Vol. 35, No. 13, July 16, 2024
Each facility licensed pursuant to these regulations, which
				  transports children as part of their program activities, meets the following
				  requirements:
A. Any vehicle used for
				transporting children must carry vehicle liability insurance. The amount of
				coverage may not to be less than the basic limits set by the Financial
				Responsibility Law.
B. Each vehicle
				used for transportation of children must be licensed, registered and meet all
				applicable laws of the State of New Mexico.
C. Occupancy in a vehicle cannot exceed the
				capacity recommended by the manufacturer.
D. Drivers of vehicles used to transport
				children must be licensed and abide by State and local laws;
E. Seat belt restraint laws of the State of
				New Mexico must be adhered to at all times; each child must remain seated while
				the vehicle is in motion and age-appropriate restraints must be used during
				transportation.
F. Children may not
				be transported in the open bed of trucks.
G. Each vehicle used for transportation of
				children must be equipped with a fire extinguisher, water, blanket, first aid
				kit, and first aid book.
H.
				Children must be loaded and unloaded at the curb side of the vehicle.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 8 - RESIDENTIAL HEALTH FACILITIES › Part 3 - REGULATIONS GOVERNING RESIDENTIAL SHELTER CARE FACILITIES FOR CHILDREN › Section 7.8.3.41 - IMMUNIZATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Every child in
				the facility must be immunized according to the immunization schedule of the
				New Mexico Health Department, Public Health Division.
B. When an immunization record cannot be
				obtained for the child at the time of admission or within 30 days after
				admission, the facility arranges for all immunizations required by the
				Department of Health. EXCEPTION: Children's Crisis Shelters may accept children
				with no immunization schedule.
C.
				Exemptions from immunizations for religious or other grounds are only accepted
				if approved by the Public Health Division of the Department of
				Health.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 8 - RESIDENTIAL HEALTH FACILITIES › Part 3 - REGULATIONS GOVERNING RESIDENTIAL SHELTER CARE FACILITIES FOR CHILDREN › Section 7.8.3.42 - NOTIFIABLE DISEASES

Current through Register Vol. 35, No. 13, July 16, 2024
A. A
				current list of notifiable diseases must be posted in each facility.
B. While in a facility, any child who becomes
				ill from a suspected notifiable disease, as defined by the New Mexico
				Department of Health is immediately referred to a physician or medical
				facility.
C. Each facility reports
				any notifiable disease occurring to a child to the local Public Health Field
				Office.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 8 - RESIDENTIAL HEALTH FACILITIES › Part 3 - REGULATIONS GOVERNING RESIDENTIAL SHELTER CARE FACILITIES FOR CHILDREN › Section 7.8.3.43 - MANAGEMENT OF DRUGS AND PHARMACEUTICALS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The facility must have written procedures,
				approved by a physician, pharmacist or nurse regarding how staff should
				administer over-the-counter medications to children in care. Other than
				over-the-counter medications, a facility does not acquire, store or dispense
				medications. EXCEPTION: Facilities providing services which require regular use
				of controlled and/or prescription medication for the children under care must
				hold and display an appropriate drug permit as determined by the State Board of
				Pharmacy.
B. All medications and
				poisonous substances must be kept in a locked cabinet or other container
				inaccessible to the children. The key to the medication storage container is
				only available to the authorized staff.
C. Poisonous substances and medications
				labeled for "external use only" are not accessible to children and are kept
				separate from other medication.
D.
				Medications prescribed for one child are not to be given to any other
				child.
E. All prescribed
				medications are kept in their original prescription containers. Only
				medications which can be self-administered by the child or with assistance and
				supervision in self-administration are kept in the facility. The staff member
				assisting in self administration of medication may hold the container, assist
				the child in opening the container and assist the child in self-administering
				the medication.
F. Medication for
				self-administration is not prepared in advance.
G. All medication given to a child is entered
				in the child's record with the date, time and dosage and initials of the staff
				member assisting with the self-administration of the medication.
H. Medications which require refrigeration
				are kept in a separate locked box within a refrigerator, a locked refrigerator,
				or a refrigerator in a locked room.
I. All outdated medications are disposed of
				in a manner approved by the State Board of Pharmacy.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 8 - RESIDENTIAL HEALTH FACILITIES › Part 3 - REGULATIONS GOVERNING RESIDENTIAL SHELTER CARE FACILITIES FOR CHILDREN › Section 7.8.3.44 - CHILDREN'S ROOMS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Each child's
				room must be provided with, but not limited to the following:
(1) A bed as defined in 7.8.3.44 of these
				regulations;
(2) A dresser or other
				adequate storage space for private use;
(3) An individual closet or closet areas with
				a clothes rack and a shelves accessible to the child;
(4) A table or desk with a reading lamp and
				chair, or a well-lighted area within the facility with desk or table for a
				study area;
(5) Window shades,
				drapes, or blinds in good repair.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 8 - RESIDENTIAL HEALTH FACILITIES › Part 3 - REGULATIONS GOVERNING RESIDENTIAL SHELTER CARE FACILITIES FOR CHILDREN › Section 7.8.3.45 - SPECIAL REQUIREMENTS FOR INFANT CARE

Current through Register Vol. 35, No. 13, July 16, 2024
A facility licensed pursuant to these regulations who cares
				  for children under age two (2) must meet the following requirements:
A. Toilet training equipment must be kept
				clean and in a sanitary condition.
B. Staff members must wear non-porous
				single-use gloves and wash their hands with soap after diapering and before and
				after feeding any child.
C.
				Children's hands must also be washed with soap after diapering and before and
				after eating.
D. Bed linens,
				clothes, and diapers must be changed when soiled.
E. Diapers must be changed at the child's
				individual crib or at a diaper table which must be thoroughly cleaned following
				each use.
F. Dirty diapers must be
				kept in closed containers.
G.
				Infants must be held during feeding. Bottles must not be propped.
H. Children who prefer to bottle-feed
				themselves may be allowed to do so with supervision.
I. Provisions must be made to allow for each
				child's own eating and sleeping patterns.
J. Those children who are non-walking but
				capable of crawling or creeping, shall be given the opportunity to do so
				frequently during the day.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 8 - RESIDENTIAL HEALTH FACILITIES › Part 3 - REGULATIONS GOVERNING RESIDENTIAL SHELTER CARE FACILITIES FOR CHILDREN › Section 7.8.3.46 - CHILDREN'S BEDS, CRIBS AND HIGH CHAIRS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The following minimum requirements for
				beds must be met by a facility licensed pursuant to these regulations:
(1) Children's beds are at least 30 inches
				wide, of sturdy construction and in good repair.
(2) If bunk beds are used, the vertical
				distance between the mattresses is sufficient to allow each occupant to sit up
				comfortably in bed.
(3) Each bed
				has a clean, comfortable, nontoxic mattress which is waterproof or has a
				waterproof covering and a comfortable mattress pad.
(4) Each bed is provided with a clean,
				comfortable pillow and pillow case.
(5) Each bed is provided with two clean
				sheets and bedding that is appropriate for weather and climate.
(6) Beds are spaced at least 36 inches
				apart.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 8 - RESIDENTIAL HEALTH FACILITIES › Part 3 - REGULATIONS GOVERNING RESIDENTIAL SHELTER CARE FACILITIES FOR CHILDREN › Section 7.8.3.47 - LIVING AND/OR MULTI PURPOSE ROOMS

Current through Register Vol. 35, No. 13, July 16, 2024
Rooms for living or multi-purpose use are to be provided with
				  reading lamps, tables, chairs, or couches. The furnishings must be well
				  constructed, comfortable and kept in good repair.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 8 - RESIDENTIAL HEALTH FACILITIES › Part 3 - REGULATIONS GOVERNING RESIDENTIAL SHELTER CARE FACILITIES FOR CHILDREN › Section 7.8.3.48 - DINING AREA

Current through Register Vol. 35, No. 13, July 16, 2024
A dining area is to be provided for meals.
A. Tables and chairs for the dining area
				shall accommodate the number of children for whom the facility is licensed and
				will be appropriate to the age of the clients served.
B. The living and/or multi purpose room may
				be used as a dining area if the dining area portion does not exceed 50 percent
				of the available floor space and still allows comfortable arrangement of
				necessary furnishings for a living area.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 8 - RESIDENTIAL HEALTH FACILITIES › Part 3 - REGULATIONS GOVERNING RESIDENTIAL SHELTER CARE FACILITIES FOR CHILDREN › Section 7.8.3.49 - LAUNDRY AND LINEN SERVICES

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				facility provides laundry services to the children either on the premises or by
				use of a commercial laundry or linen service. The following are minimum
				requirements for clean linen:
(1) The sheets
				and pillow case are changed at least one time per week and/or when there is a
				change of occupant.
(2) The
				mattress pad, blankets and bedspread are laundered at least one time per month
				and/or when there is a change of an occupant. The mattress is turned at least
				one time per month.
(3) A face
				towel, bath towel, and washcloth are changed at least every other
				day.
New Mexico Administrative Code › Title 7 - HEALTH › Chapter 8 - RESIDENTIAL HEALTH FACILITIES › Part 3 - REGULATIONS GOVERNING RESIDENTIAL SHELTER CARE FACILITIES FOR CHILDREN › Section 7.8.3.50 - CLOTHING

Current through Register Vol. 35, No. 13, July 16, 2024
A. Each child shall
				have his or her own clothing which is clean, neat, in good repair and
				appropriate to the season.
B. If
				necessary, children's clothing may be inconspicuously marked with his or her
				name.
C. The use of a common
				clothing pool is strictly prohibited.