reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 8 - CHILDREN, YOUTH AND FAMILIES GENERAL PROVISIONS › Part 3 - GOVERNING BACKGROUND CHECKS AND EMPLOYMENT HISTORY VERIFICATION › Section 8.8.3.11 - COMPLIANCE EXCEPTIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. An
				applicant may not begin providing services prior to obtaining background check
				eligibility unless all of the following requirements are met:
(1) the CYFD licensee may not be operating
				under a corrective action plan (childcare), sanctions, or other form of
				disciplinary action;
(2) the
				licensee or applicant shall send the BCU a completed application form and an
				electronic fingerprint submission receipt prior to employment;
(3) until receiving background eligibility,
				the applicant shall at all times be under direct physical supervision. See next
				paragraph for standards regarding applicants required to obtain a background
				check pursuant to 8.16.2 NMAC or 8.17.2 NMAC;
(4) a licensee or applicant required to
				obtain a background check pursuant to 8.16.2 NMAC or 8.17.2 NMAC must receive
				either a notice of provisional employment or background check eligibility prior
				to beginning employment. Applicants working after receipt of a notice of
				provisional employment shall at all times be under direct physical supervision
				until receiving background check eligibility. Upon completion of Paragraph (2)
				of this subsection, a notice of provisional employment decision will be
				provided to the child care center or home within five days unless the BCU
				determines there is good cause shown for an extension; and
(5) no more than 45 days shall have passed
				since the date of the initial application unless the BCU documents good cause
				shown for an extension.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 8 - CHILDREN, YOUTH AND FAMILIES GENERAL PROVISIONS › Part 3 - GOVERNING BACKGROUND CHECKS AND EMPLOYMENT HISTORY VERIFICATION › Section 8.8.3.12 - PROHIBITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Any CYFD
				licensee who violates these regulations is subject to revocation, suspension,
				sanctions, denial of licensure, certification, or registration or termination
				of participation in any other program within the scope of these regulations.
				AOC supervised visitation and safe exchange program providers will be monitored
				and sanctioned by the AOC.
B.
				Licensure, certification, registration or participation in any other program
				within the scope of these regulations is subject to receipt by the licensing
				authority of a satisfactory background check for the licensee or the licensee's
				administrator.
C. Except as
				provided in
				8.8.3.13
				NMAC below, licensure, certification, registration or participation in any
				other program within the scope of these regulations may not be granted by the
				licensing authority if a background check of the licensee or the licensee's
				administrator reveals an unreasonable risk.
D. A licensee may not retain employment,
				volunteer service or contract with any direct provider of care for whom a
				background check reveals an unreasonable risk. The BCU shall deliver one copy
				of the notice of unreasonable risk to the facility or program by U.S. mail and
				to the licensing authority or the AOC by facsimile transmission, e-mail or hand
				delivery.
E. A licensee shall be in
				violation of these regulations if it retains a direct provider of care for more
				than ten working days following the mailing of a notice of background check
				denial for failure to respond by the BCU.
F. A licensee shall be in violation of these
				regulations if it retains any direct provider of care inconsistent with
				Subsection A of
				8.8.3.11
				NMAC.
G. A licensee shall be in
				violation of these regulations if it hires, contracts with, uses in volunteer
				service, or retains any direct provider of care for whom information received
				from any source including the direct provider of care, indicates the provider
				of care poses an unreasonable risk to care recipients.
H. Any firm, person, corporation, individual
				or other entity that violates this section shall be subject to appropriate
				sanctions up to and including immediate emergency revocation of license or
				registration pursuant to the regulations applicable to that entity or
				termination of participation in any other program within the scope of these
				regulations.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 8 - CHILDREN, YOUTH AND FAMILIES GENERAL PROVISIONS › Part 3 - GOVERNING BACKGROUND CHECKS AND EMPLOYMENT HISTORY VERIFICATION › Section 8.8.3.13 - ARRESTS, CONVICTIONS AND REFERRALS

Current through Register Vol. 35, No. 13, July 16, 2024
A. For the purpose of these regulations, the
				following information shall result in a conclusion that the applicant is an
				unreasonable risk:
(1) a conviction for a
				felony, or a misdemeanor involving moral turpitude, and the criminal conviction
				directly relates to whether the applicant can provide a safe, responsible and
				morally positive setting for care recipients;
(2) a conviction for a felony, or a
				misdemeanor involving moral turpitude, and the criminal conviction does not
				directly relate to whether the applicant can provide a safe, responsible and
				morally positive setting for care recipients if the department determines that
				the applicant so convicted has not been sufficiently rehabilitated;
(3) a conviction, regardless of the degree of
				the crime or the date of the conviction, of trafficking in controlled
				substances, criminal sexual penetration or related sexual offenses or child
				abuse;
(4) a substantiated
				referral, regardless of the date, for sexual abuse or for a substantiation of
				abuse or neglect relating to a failure to protect against sexual
				abuse;
(5) the applicant's child is
				in CYFD or another state's custody ; or
(6) a registration, or a requirement to be
				registered, on a state sex offender registry or repository or the national sex
				offender registry established under the Adam Walsh Child Protection and Safety
				Act of 2006.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 8 - CHILDREN, YOUTH AND FAMILIES GENERAL PROVISIONS › Part 3 - GOVERNING BACKGROUND CHECKS AND EMPLOYMENT HISTORY VERIFICATION › Section 8.8.3.14 - UNREASONABLE RISK

Current through Register Vol. 35, No. 13, July 16, 2024
A. The BCU may,
				in its discretion, use all reasonably reliable information about an applicant
				and weigh the evidence about an applicant to determine whether the applicant
				poses an unreasonable risk to care recipients. The BCU may also consult with
				legal staff, treatment, assessment or other professionals in the process of
				determining whether the cumulative weight of credible evidence establishes
				unreasonable risk.
B. In
				determining whether an applicant poses an unreasonable risk, the BCU need not
				limit its reliance on formal convictions or substantiated referrals, but
				nonetheless must only rely on evidence with indicia of reliability such as:
(1) reliable disclosures by the applicant or
				a victim of abuse or neglect;
(2)
				domestic violence orders that allowed an applicant notice and opportunity to be
				heard and that prohibits or prohibited them from injuring, harassing or
				contacting another;
(3)
				circumstances indicating the applicant is or has been a victim of domestic
				violence;
(4) child or adult
				protection investigative evidence that indicates a likelihood that an applicant
				engaged in inappropriate conduct but there were reasons other than the
				credibility of the evidence to not substantiate; or
(5) any other evidence with similar indicia
				of reliability.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 8 - CHILDREN, YOUTH AND FAMILIES GENERAL PROVISIONS › Part 3 - GOVERNING BACKGROUND CHECKS AND EMPLOYMENT HISTORY VERIFICATION › Section 8.8.3.15 - REHABILITATION PETITION

Current through Register Vol. 35, No. 13, July 16, 2024
Any applicant whom the BCU concludes is an unreasonable risk
				  on any basis other than those described at Paragraphs (1), (3), (4), (5), or
				  (6) of Subsection A of
				  8.8.3.13
				  NMAC, may submit to the BCU a rehabilitation petition describing with
				  specificity all information that tends to demonstrate that the applicant is not
				  an unreasonable risk. The petition may include, but need not be limited to, a
				  description of what actions the applicant has taken subsequent to any events
				  revealed by the background check to reduce the risk that the same or a similar
				  circumstance will recur.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 8 - CHILDREN, YOUTH AND FAMILIES GENERAL PROVISIONS › Part 3 - GOVERNING BACKGROUND CHECKS AND EMPLOYMENT HISTORY VERIFICATION › Section 8.8.3.16 - ELIGIBILITY SUSPENSIONS, REINSTATEMENTS AND REVOCATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. An applicant's background check
				eligibility may be suspended for the following:
(1) an arrest or criminal charge for any
				felony offense, any misdemeanor offense involving domestic violence, child
				abuse or any other misdemeanor offense of moral turpitude if a conviction as
				charged would result in a determination of unreasonable risk;
(2) a pending child protective services
				referral or any other CYFD investigation of abuse or neglect;
(3) an outstanding warrant; or
(4) any other reason that creates an
				unreasonable risk determination pursuant to these regulations.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 8 - CHILDREN, YOUTH AND FAMILIES GENERAL PROVISIONS › Part 3 - GOVERNING BACKGROUND CHECKS AND EMPLOYMENT HISTORY VERIFICATION › Section 8.8.3.17 - APPEAL RIGHTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Denials: Any
				applicant who is found ineligible after completion of background check may
				request an administrative review from CYFD. The request for an administrative
				review shall be in writing and the applicant shall cause the BCU to receive it
				within 15 days of the date of the BCU's written notice of a determination of
				unreasonable risk. If the request is mailed, three days are added after the
				period would otherwise expire. The administrative review shall be completed by
				a review of the record by a hearing officer designated by the cabinet
				secretary. The hearing officer's review is limited to:
(1) whether the BCU's conclusion of
				unreasonable risk is supported by any section of these regulations;
				and
(2) whether the applicant has
				been erroneously identified as a person with a relevant conviction or
				substantiated referral. The review will be completed on the record presented to
				the hearing officer and includes the applicant's written request for an
				administrative review and other relevant evidence provided by the applicant.
				The hearing officer conducts the administrative review and submits a
				recommendation to the cabinet secretary no later than 60 days after the date
				the request for administrative review is received unless CYFD and the applicant
				agree otherwise.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 8 - CHILDREN, YOUTH AND FAMILIES GENERAL PROVISIONS › Part 4 - ADMINISTRATIVE APPEALS › Section 8.8.4.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Subsection D of
				  9-2A-7
				  NMSA 1978 provides that the secretary may make and adopt such reasonable
				  procedural rules and regulations as may be necessary to carry out the duties of
				  the department and its divisions.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 8 - CHILDREN, YOUTH AND FAMILIES GENERAL PROVISIONS › Part 4 - ADMINISTRATIVE APPEALS › Section 8.8.4.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
March 15, 2016, unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 8 - CHILDREN, YOUTH AND FAMILIES GENERAL PROVISIONS › Part 4 - ADMINISTRATIVE APPEALS › Section 8.8.4.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of this rule is to implement the department's
				  policy on administrative appeals hearings consistent with federal and state
				  constitutions and laws.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 8 - CHILDREN, YOUTH AND FAMILIES GENERAL PROVISIONS › Part 4 - ADMINISTRATIVE APPEALS › Section 8.8.4.8 - HEARING OFFICER

Current through Register Vol. 35, No. 13, July 16, 2024
A. All
				administrative hearings are conducted by a hearing officer appointed by the
				secretary or his/her designee. The hearing officer may be assisted by a hearing
				office administrator in completing mailings, notices of hearings, subpoenas,
				and other administrative tasks.
B.
				Qualifications of the hearing officer:
(1)
				The hearing officer may be an employee of the children, youth and families
				department, but has not been involved, directly or indirectly, with the
				administrative decision at issue.
(2) The hearing officer need not be a
				licensed attorney. However, he or she shall be familiar with the applicable
				law, regulations, procedures, and constitutional requirements related to the
				administrative decision at issue.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 8 - CHILDREN, YOUTH AND FAMILIES GENERAL PROVISIONS › Part 4 - ADMINISTRATIVE APPEALS › Section 8.8.4.10 - HEARING ON IMMEDIATE SANCTIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				An immediate sanction affecting a child care license or registration requires
				that a hearing is held within five working days of the effective date of the
				immediate sanction as noticed in the immediate sanction order and notice of
				hearing
unless,
no later than 24 hours prior to the expiration
				of the five-day period, the right to a five-day hearing is waived and a request
				for a hearing at a later date is made. An appeal of an immediate sanction does
				not stay the sanction. This section does not apply to actions against a foster
				care license.
B. If the person
				affected intends to appear for the five-day hearing noticed in the emergency
				suspension order and notice of hearing, a request for hearing need not be
				made.
C. If the person affected
				timely waives the five-day hearing and requests a hearing to be held at a later
				date, the extension is provided. Pre-hearing discovery can occur; however, an
				extension of the five-day hearing date does not stay the immediate
				sanctions.
D. A person or facility
				is operating illegally if operations continue after the effective date of an
				immediate suspension or revocation and is subject to appropriate administrative
				and judicial sanctions and criminal charges.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 8 - CHILDREN, YOUTH AND FAMILIES GENERAL PROVISIONS › Part 4 - ADMINISTRATIVE APPEALS › Section 8.8.4.11 - CONDUCT OF THE HEARING

Current through Register Vol. 35, No. 13, July 16, 2024
A. Notice
				of a hearing is made by certified mail with return receipt requested at least
				14 calendar days prior to the hearing unless prior agreement of the time and
				manner of the hearing has been agreed to in the pre-hearing order or otherwise
				agreed to by the parties and the hearing officer.
B. Failure of a party to appear on the date
				and time set for hearing, without good cause shown, constitutes a default, and
				the hearing officer so notifies the parties in writing.
C. The hearing is open to the public unless
				the hearing officer directs that the hearing be closed.
D. A party may appear at the hearing through
				a legal representative, provided such representative has made a written entry
				of appearance prior to the hearing date.
E. The hearing officer may clear the room of
				witnesses not under examination, if either party so requests, and of any person
				who is disruptive. The department is entitled to have a person, in addition to
				its attorney, in the hearing room during the course of the hearing, even if the
				person will also testify in the hearing.
F. The hearing is conducted in an orderly and
				informal manner without strict adherence to the rules of evidence that govern
				proceedings in the courts of the state of New Mexico. However, in order to
				support the secretary's decisions, there must be a residuum of legally
				competent evidence to support a verdict in a court of law.
G. Both parties have certain procedural due
				process rights during the hearing.
(1) Each
				party may make opening and closing statements.
(2) Each party may call and examine witnesses
				and introduce exhibits.
(3) Each
				party may cross-examine witnesses.
(4) Each party may re-direct their witnesses
				following cross-examination.
(5)
				Each party may impeach any witness.
(6) Each party may rebut any relevant
				evidence.
(7) Each party may
				introduce evidence relevant to the choice of sanction if it was raised as an
				issue in the pre-hearing order.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 8 - CHILDREN, YOUTH AND FAMILIES GENERAL PROVISIONS › Part 4 - ADMINISTRATIVE APPEALS › Section 8.8.4.12 - POST-HEARING

Current through Register Vol. 35, No. 13, July 16, 2024
A. The hearing
				officer may require or permit written closing arguments, post-hearing briefs
				and proposed findings of facts and conclusions of law according to a scheduling
				order issued by the hearing officer. If case law is cited, a copy of the case
				will be provided to the hearing officer.
B. After the expiration of any time set for
				the submittal of the last post-hearing requests of documents, findings and
				conclusions, arguments or briefs, the hearing officer submits a recommended
				decision to the secretary as soon as practicable, but no later than 25 working
				days for regular hearings and five working days for immediate suspensions and
				immediate revocations.
C. As a
				general rule, the secretary will only consider the hearing officer's
				recommended decision, post-hearing briefs, proposed findings of fact and
				conclusions of law. Where circumstances warrant, the secretary or designee may
				review all or a portion of the record before the hearing officer.
(1) The secretary or designee will not
				consider any additional evidence or affidavits not in the official record of
				the hearing or in pleadings not filed in accordance with the hearing officer's
				scheduling order.
(2) If the
				secretary or designee agrees with the findings and conclusions of the hearing
				officer, the secretary or designee will sign the decision as prepared by the
				hearing officer.
(3) If the
				secretary or designee disagrees with the findings and conclusions of the
				hearing officer, a separate order is issued which defines the findings and
				conclusions at issue and the reasons a different decision is
				warranted.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 8 - CHILDREN, YOUTH AND FAMILIES GENERAL PROVISIONS › Part 4 - ADMINISTRATIVE APPEALS › Section 8.8.4.13 - JUDICIAL REVIEW

Current through Register Vol. 35, No. 13, July 16, 2024
A. An appeal of
				final decisions by the secretary must be made to the appropriate district court
				pursuant to Rules 1-074 or 1-075, NMRA.
B. The hearing officer or hearing office
				administrator is responsible for creating the record proper.
C. All exhibits admitted into evidence,
				orders, submissions or motions filed and tapes or other transcripts of the
				hearing compose the record proper.
D. The expense of copying tape recorded
				testimony and any other expense of preparing the record, including accompanying
				costs, are the appealing party's responsibility.
E. Filing for judicial review does not stay
				enforcement of the final decision. A motion in state district court is filed
				concerning any issuance of a stay. Health and safety of department clients is
				the primary consideration when a stay is requested.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 8 - CHILDREN, YOUTH AND FAMILIES GENERAL PROVISIONS › Part 4 - ADMINISTRATIVE APPEALS › Section 8.8.4.14 - PROCUREMENT PROTESTS

Current through Register Vol. 35, No. 13, July 16, 2024
Any bidder or offer or that falls within the scope and
				  authority of the Procurement Code will have the right to protest as provided in
				  1 NMAC 5-2-80 through 5-2-93.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 8 - CHILDREN, YOUTH AND FAMILIES GENERAL PROVISIONS › Part 5 - PRIVACY OFFICE › Section 8.8.5.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Section 9-2A-7(D) NMSA 1978 provides that the secretary of
				  the children, youth and families department (the department) may make and adopt
				  such reasonable procedural rules and regulations as may be necessary to carry
				  out the duties of the department and its divisions. The secretary has
				  determined an operational need to comply with the privacy provisions of the
				  Health Insurance Portability and Accountability Act of 1996 (HIPAA), 42 USCS
				  1320d
et seq.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 8 - CHILDREN, YOUTH AND FAMILIES GENERAL PROVISIONS › Part 5 - PRIVACY OFFICE › Section 8.8.5.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of this rule is to implement the department's
				  policy in compliance with privacy related requirements of the Health Insurance
				  Portability and Accountability Act of 1996 (HIPAA) and accompanying
				  regulations, 45 CFR Part 164, Subpart E.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 8 - CHILDREN, YOUTH AND FAMILIES GENERAL PROVISIONS › Part 5 - PRIVACY OFFICE › Section 8.8.5.8 - PRIVACY OFFICER

Current through Register Vol. 35, No. 13, July 16, 2024
The secretary designates a privacy officer who is responsible
				  for the development and implementation of the department's policies and
				  procedures providing for compliance with the Health Insurance Portability and
				  Accountability Act of 1996 (HIPAA) and who is responsible for receiving
				  complaints under
				  45 CFR Section
				  164.530(d). The secretary
				  may also designate such other personnel as necessary to support the efforts of
				  the privacy office. The secretary's personnel designations are documented in
				  written or electronic form.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 8 - CHILDREN, YOUTH AND FAMILIES GENERAL PROVISIONS › Part 5 - PRIVACY OFFICE › Section 8.8.5.9 - NOTICE OF PRIVACY PRACTICES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Persons receiving covered health care or health-related services from the
				department receive written or electronic notice of the department's privacy
				practices for Protected Health Information (PHI) in accordance with
				45 CFR
				Section 164.520.
B. Notice is provided no later than the date
				of first delivery of services, except that persons receiving health-related
				services under the small health plan administered by the prevention and
				intervention division prior to April 14, 2004 shall receive notice on or before
				April 14, 2004. Persons deemed eligible for such services after April 14, 2004
				shall receive notice on the date of first delivery of service. In an emergency
				treatment situation, notice will be given as soon as reasonably practicable
				after the emergency treatment situation.
C. The department makes a good faith effort
				to obtain written acknowledgement of an individual's receipt of Notice, and if
				not obtained, will document said good faith efforts.
D. The department will retain copies of all
				versions of its notice of privacy practices, including dates and scope of
				use.
E. Persons held in lawful
				custody by the juvenile justice division do not have a right to receive notice
				of privacy practices.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 8 - CHILDREN, YOUTH AND FAMILIES GENERAL PROVISIONS › Part 5 - PRIVACY OFFICE › Section 8.8.5.10 - INDIVIDUAL RIGHTS RELATED TO PROTECTED HEALTH INFORMATION

Current through Register Vol. 35, No. 13, July 16, 2024
The Health Insurance Portability and Accountability Act of
				  1996 and children, youth and families department policies,
				  8.8.5.1 through
				  8.8.5.20 NMAC, provide that individuals have certain rights with respect to
				  their protected health information. Any requests to avail themselves of those
				  rights, as enumerated herein, must be in writing.
A. Individuals or their personal
				representatives have a right to inspect and copy their own PHI as follows:
(1) Access is denied, with no right of
				review, if:
(a) the individual is a resident
				in a department correctional facility and obtaining such access would
				jeopardize the health, safety, security, custody, or rehabilitation of the
				individual or of other residents, or the safety of any officer, employee, or
				other person at the correctional institution or responsible for the
				transporting of the resident;
(b)
				the information was compiled in reasonable anticipation of, or for use in, a
				civil, criminal, or administrative proceeding;
(c) the information is contained in
				psychotherapy notes;
(d) the PHI
				was obtained from someone other than a health care provider under a promise of
				confidentiality and the access requested would be reasonably likely to reveal
				the source of the information, or
(e) any circumstances where access to PHI is
				restricted by federal or state statute or regulation not otherwise pre-empted
				by HIPAA.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 8 - CHILDREN, YOUTH AND FAMILIES GENERAL PROVISIONS › Part 5 - PRIVACY OFFICE › Section 8.8.5.11 - USES AND DISCLOSURES

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				department uses PHI for purposes of treatment, payment, and health care
				operations and as required by law. Written authorization is not required for
				these uses.
B. Any request for, or
				need to use, PHI for any purpose other than those specified in paragraph A of
				this section, such as research or marketing, is forwarded to the privacy office
				for response. The records custodian will also forward any Public Records Act
				requests involving PHI to the privacy office. The privacy office will determine
				whether written authorization is required for the requested use pursuant to
				45 CFR
				Section 164.508.
C. Individuals have a right to request
				restrictions on uses or disclosures of PHI. The department may accept or deny
				such restrictions, at its discretion.
D. Pursuant to
				45
				CFR Section 164.502(b) and
				164.514(d),
				uses and disclosures are limited to the minimum necessary information to
				accomplish the purpose intended, except that the following uses and disclosures
				are not subject to minimum necessary requirements:
(1) uses and disclosures for purposes of
				treatment;
(2) certain uses and
				disclosures to the individual or his/her personal representative, pursuant to
				45
				CFR Section
				164.502(b)(2)(ii);
(3) uses and disclosures made pursuant to an
				authorization;
(4) disclosures made
				to the secretary of the United States health and human services department,
				pursuant to
				45
				CFR Section 160.300
et
				seq.
;
(5) uses and
				disclosures required by law, pursuant to
				45
				CFR Section 164.512(a)(2), (c),(e) and
				(f), and
(6) uses and disclosures required for
				compliance with applicable federal HIPAA regulations.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 8 - CHILDREN, YOUTH AND FAMILIES GENERAL PROVISIONS › Part 5 - PRIVACY OFFICE › Section 8.8.5.12 - PERSONAL REPRESENTATIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The department generally recognizes the legal authority of a
				  personal representative to act on behalf of an individual. However, the
				  department will decline to treat a person as a personal representative in the
				  following circumstances:
A. The person
				does not present sufficient documentation or other evidence of authority to
				represent the individual;
B. There
				is a reasonable belief that the individual has been or may be subjected to
				domestic violence, abuse or neglect by such person and that treating the person
				as the personal representative could endanger the individual or that, in the
				department's professional judgment, it is not in the best interest of the
				individual to treat the person as the individual's personal representative,
				or
C. The individual is an
				unemancipated minor but is authorized to give lawful consent or authorization
				or may obtain health care without consent of the personal representative, and
				the minor has not requested that the person be treated as the minor's personal
				representative, or the personal representative has assented to agreement of
				confidentiality between the department and the minor.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 8 - CHILDREN, YOUTH AND FAMILIES GENERAL PROVISIONS › Part 5 - PRIVACY OFFICE › Section 8.8.5.13 - DE-IDENTIFICATION OF AGGRAGATED DATA

Current through Register Vol. 35, No. 13, July 16, 2024
The department may use PHI to create de-identified
				  information for purposes such as research, quality control and reporting to
				  various federal and state agencies. Health information that does not identify
				  an individual is not individually identifiable health information as defined in
				  HIPAA. A person with appropriate knowledge of, and experience with, generally
				  accepted statistical and scientific principles and methods for rendering
				  information not individually identifiable applies such principles and methods
				  to determine if the information, in combination with other information could
				  identify the individual to the anticipated recipient. The method and results of
				  the analysis are documented.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 8 - CHILDREN, YOUTH AND FAMILIES GENERAL PROVISIONS › Part 5 - PRIVACY OFFICE › Section 8.8.5.14 - SAFEGUARDING PHI

Current through Register Vol. 35, No. 13, July 16, 2024
The department takes reasonable precautions to safeguard PHI
				  from any intentional or unintentional use or disclosure that would violate the
				  provisions of HIPAA.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 8 - CHILDREN, YOUTH AND FAMILIES GENERAL PROVISIONS › Part 5 - PRIVACY OFFICE › Section 8.8.5.15 - TRAINING AND PERSONNEL PRACTICES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				The department provides HIPAA training to all covered workforce within a
				reasonable period of time after initial employment and will provide notice and
				training, if necessary, of material changes in HIPAA policies and procedures
				within a reasonable time after the change occurs. All training is documented in
				written or electronic form and retained by the department for six
				years.
B. The department's policies
				regarding employee discipline for HIPAA violations and prohibiting retaliation
				are contained in its code of conduct. The privacy office will investigate all
				alleged violations and initiate any appropriate disciplinary action.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 8 - CHILDREN, YOUTH AND FAMILIES GENERAL PROVISIONS › Part 5 - PRIVACY OFFICE › Section 8.8.5.16 - MITIGATION

Current through Register Vol. 35, No. 13, July 16, 2024
The department mitigates, to the extent practicable, any
				  harmful effect known to the department resulting from a use or disclosure of
				  PHI in violation of this policy or the requirements of HIPAA by the department
				  or its business associates. Measures taken will depend on individual
				  circumstances.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 8 - CHILDREN, YOUTH AND FAMILIES GENERAL PROVISIONS › Part 5 - PRIVACY OFFICE › Section 8.8.5.17 - DOCUMENT RETENTION

Current through Register Vol. 35, No. 13, July 16, 2024
The department retains certain documents for six years from
				  the date of creation or the date the document was last in effect, whichever is
				  later, as provided in
				  45
				  CFR Section 164.500
et
				  seq.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 8 - CHILDREN, YOUTH AND FAMILIES GENERAL PROVISIONS › Part 5 - PRIVACY OFFICE › Section 8.8.5.18 - RIGHTS NOT WAIVED

Current through Register Vol. 35, No. 13, July 16, 2024
The department does not require individuals to waive their
				  rights to complain to the secretary of the United States health and human
				  services department or any other rights under 45 CFR Part 164 Subpart E as a
				  condition of the provision of treatment, payment, enrollment in a health plan
				  or eligibility for benefits.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 8 - CHILDREN, YOUTH AND FAMILIES GENERAL PROVISIONS › Part 7 - COURT ORDERED DOMESTIC VIOLENCE OFFENDER TREATMENT OR INTERVENTION PROGRAMS › Section 8.8.7.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico Children, Youth and Families
				  Department.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 8 - CHILDREN, YOUTH AND FAMILIES GENERAL PROVISIONS › Part 7 - COURT ORDERED DOMESTIC VIOLENCE OFFENDER TREATMENT OR INTERVENTION PROGRAMS › Section 8.8.7.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
General public, providers of domestic violence offender
				  treatment or intervention programs, persons convicted of domestic violence,
				  courts, and attorneys.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 8 - CHILDREN, YOUTH AND FAMILIES GENERAL PROVISIONS › Part 7 - COURT ORDERED DOMESTIC VIOLENCE OFFENDER TREATMENT OR INTERVENTION PROGRAMS › Section 8.8.7.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
NMSA 1978 Sections
				  30-3-15
				  and 30-3-16(2007).
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 8 - CHILDREN, YOUTH AND FAMILIES GENERAL PROVISIONS › Part 7 - COURT ORDERED DOMESTIC VIOLENCE OFFENDER TREATMENT OR INTERVENTION PROGRAMS › Section 8.8.7.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
May 29, 2009, unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 8 - CHILDREN, YOUTH AND FAMILIES GENERAL PROVISIONS › Part 7 - COURT ORDERED DOMESTIC VIOLENCE OFFENDER TREATMENT OR INTERVENTION PROGRAMS › Section 8.8.7.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of Chapter 8, Part 7 is to establish the manner
				  in which the department will approve programs to provide court-ordered domestic
				  violence offender treatment or intervention, and will identify approved
				  programs to court personnel.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 8 - CHILDREN, YOUTH AND FAMILIES GENERAL PROVISIONS › Part 7 - COURT ORDERED DOMESTIC VIOLENCE OFFENDER TREATMENT OR INTERVENTION PROGRAMS › Section 8.8.7.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. "Approved DVOTI
				program list" means the list compiled by the department consisting of approved
				DVOTI programs for use by New Mexico courts in ordering domestic violence
				offenders to complete domestic violence offender treatment or intervention
				pursuant to NMSA 1978 Sections
				30-3-15
				and 30-3-16(2008).
B. "Approved
				DVOTI program" means a domestic violence offender treatment or intervention
				program that has been approved by the department to provide domestic violence
				offender treatment or intervention pursuant to the NMSA 1978 Sections
				30-3-15
				and 30-3-16(2008).
C.
				"Court-ordered domestic violence offender treatment or intervention" means
				domestic violence offender treatment or intervention ordered by a court
				pursuant to NMSA 1978 Sections
				30-3-15
				or 30-3-16(2007).
D. "Department"
				means the children, youth and families department.
E. "Domestic violence offender" means a
				person convicted under NMSA 1978 Section
				30-3-15
				or 30-3-16(2008) regardless of whether or not the person received a suspended
				sentence, a deferred sentence, or a conditional discharge.
F. "Domestic violence offender treatment or
				intervention (DVOTI)" means services, approved by the department, that address
				and seek to ameliorate domestic violence perpetration. Such services may, but
				need not, be provided by licensed therapists.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 8 - CHILDREN, YOUTH AND FAMILIES GENERAL PROVISIONS › Part 7 - COURT ORDERED DOMESTIC VIOLENCE OFFENDER TREATMENT OR INTERVENTION PROGRAMS › Section 8.8.7.8 - APPROVAL OF DVOTI PROGRAMS TO PROVIDE DVOTI SERVICES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Approval is based upon the provider's
				submission of a formal application to the department, demonstrating the
				operation of a functioning program that uses evidence-based techniques and
				effectively serve the target population.
B. In granting approval for the list, the
				department may rely in part upon its knowledge of services the provider has
				supplied whether pursuant to contract with the department, or
				otherwise.
C. The department shall
				distribute the approved DVOTI program list to New Mexico tribunals. The
				department shall notify courts of any additions or deletions to the approved
				DVOTI program list.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 8 - CHILDREN, YOUTH AND FAMILIES GENERAL PROVISIONS › Part 7 - COURT ORDERED DOMESTIC VIOLENCE OFFENDER TREATMENT OR INTERVENTION PROGRAMS › Section 8.8.7.9 - LIST OF APPROVED DVOTI PROGRAMS TO BE COMPILED ANNUALLY

Current through Register Vol. 35, No. 13, July 16, 2024
A. The department
				shall compile a list of approved DVOTI programs to be distributed to sentencing
				tribunals annually on or about January 1.
B. DVOTI providers that wish to be included
				in the approved DVOTI program list must comply with the application and renewal
				procedures set forth in this regulation.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 8 - CHILDREN, YOUTH AND FAMILIES GENERAL PROVISIONS › Part 7 - COURT ORDERED DOMESTIC VIOLENCE OFFENDER TREATMENT OR INTERVENTION PROGRAMS › Section 8.8.7.10 - CRITERIA FOR APPROVED DVOTI PROGRAMS

Current through Register Vol. 35, No. 13, July 16, 2024
The department shall approve DVOTI programs that include the
				  following criteria and features:
A. an
				initial assessment to determine if the domestic violence offender will benefit
				from participation in the program and a policy in place for notification to the
				court if a determination is made that an offender will not benefit from the
				program; the program will provide recommendations for alternative offender
				treatment to the court pursuant to section 15;
B. a written contract, which must be signed
				by the domestic violence offender, that sets forth:
(1) attendance and participation
				requirements;
(2) consequences for
				failure to attend or participate in the program;
(3) consequences of reoffending while
				enrolled in the program;
(4) a
				requirement that a domestic violence offender not be under the influence of
				alcohol or drugs during a session;
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 8 - CHILDREN, YOUTH AND FAMILIES GENERAL PROVISIONS › Part 7 - COURT ORDERED DOMESTIC VIOLENCE OFFENDER TREATMENT OR INTERVENTION PROGRAMS › Section 8.8.7.11 - APPLICATION PROCEDURES FOR INCLUSION IN THE APPROVED DVOTI PROGRAM LIST

Current through Register Vol. 35, No. 13, July 16, 2024
A. Application
				packets for inclusion in the annual approved DVOTI program list will be
				available from the department. Providers must submit a completed application
				packet for inclusion in the approved DVOTI program list.
B. The application process for inclusion in
				the annual approved DVOTI list shall be separate from, and shall not be
				influenced by, any requests for proposals or contractual awards issued by the
				department.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 8 - CHILDREN, YOUTH AND FAMILIES GENERAL PROVISIONS › Part 7 - COURT ORDERED DOMESTIC VIOLENCE OFFENDER TREATMENT OR INTERVENTION PROGRAMS › Section 8.8.7.12 - EVALUATION OF APPLICATIONS FOR INCLUSION IN THE APPROVED DVOTI PROGRAM LIST

Current through Register Vol. 35, No. 13, July 16, 2024
A. Applications
				shall be evaluated for approval by the department.
B. The evaluation process may include a
				component based upon prior years' performance, and whether or not concerns from
				prior years have been satisfactorily addressed and corrected.
C. The evaluation process may include a
				component based upon feedback from local courts and DVOTI program
				participants.
D. Geographic
				coverage areas. The department shall seek to identify providers who can provide
				approved DVOTI treatment at locations within a reasonable commute for all
				geographic areas within the state. However all approved DVOTI programs must
				satisfy the minimum criteria.
E.
				The evaluation shall not include any preference based on the provider's current
				or prior contractual agreements with the department, nor absence
				thereof.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 8 - CHILDREN, YOUTH AND FAMILIES GENERAL PROVISIONS › Part 7 - COURT ORDERED DOMESTIC VIOLENCE OFFENDER TREATMENT OR INTERVENTION PROGRAMS › Section 8.8.7.13 - NOTIFICATION TO PROGRAMS OF EVALUATION RESULTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. DVOTI program applicants shall be notified
				by the department whether they have been selected for inclusion on the annual
				approved DVOTI program list. If the provider is not selected, the notification
				shall state the reasons for non-selection.
B. A DVOTI program whose application was not
				selected for inclusion on the annual approved DVOTI program list may re-apply
				for inclusion after correcting the deficiencies identified by the department.
				The program must establish that the reasons for non-selection have been
				satisfactorily corrected.
C. The
				department will evaluate re-submitted applications as promptly as possible;
				however, staffing priority will be given to the evaluation and maintenance of
				programs already identified on the current approved DVOTI provider
				list.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 8 - CHILDREN, YOUTH AND FAMILIES GENERAL PROVISIONS › Part 7 - COURT ORDERED DOMESTIC VIOLENCE OFFENDER TREATMENT OR INTERVENTION PROGRAMS › Section 8.8.7.14 - DISTRIBUTION OF APPROVED DVOTI PROVIDER LIST

Current through Register Vol. 35, No. 13, July 16, 2024
A. The department shall distribute the
				approved DVOTI program list annually on or about January 1, to sentencing
				courts, public defenders, district attorneys, DVOTI providers, and other
				interested parties.
B. The
				department shall promptly update the approved DVOTI program list to identify
				newly-approved providers and providers who have been removed from the
				list.
C. The approved DVOTI
				provider list, as updated, shall be available on the department's website:
www.cyfd.org
.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 8 - CHILDREN, YOUTH AND FAMILIES GENERAL PROVISIONS › Part 7 - COURT ORDERED DOMESTIC VIOLENCE OFFENDER TREATMENT OR INTERVENTION PROGRAMS › Section 8.8.7.15 - SERVICES PURSUANT TO COURT ORDER

Current through Register Vol. 35, No. 13, July 16, 2024
A. Approved DVOTI programs are to provide
				domestic violence offender treatment or intervention in accordance with the
				rule. Court orders should specify that the domestic violence offender complete
				the approved DVOTI program.
B. If
				the approved DVOTI program assesses that alternative services are appropriate
				for an offender, the program shall notify the court so that the court order may
				be amended. The recommended alternative services shall be deemed to constitute
				the approved DVOTI program for that offender.
C. In the event a program is de-listed,
				domestic violence offenders should be re-directed to complete treatment or
				intervention with another approved DVOTI program.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 8 - CHILDREN, YOUTH AND FAMILIES GENERAL PROVISIONS › Part 7 - COURT ORDERED DOMESTIC VIOLENCE OFFENDER TREATMENT OR INTERVENTION PROGRAMS › Section 8.8.7.16 - MONITORING OF APPROVED DVOTI PROGRAMS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The department shall conduct ongoing
				monitoring of approved DVOTI programs.
B. Approved DVOTI programs must allow the
				department to conduct site visits during regular business hours, to determine
				compliance with approved criteria.
C. The department shall establish a schedule
				by which it will conduct site visits. In no event shall site visits be
				conducted less than one time during any two-year period.
D. Approved providers will be required to
				report and verify recommendations for alternative offender treatment or
				intervention.
E. Approved DVOTI
				providers must maintain data and records as required by the
				department.
F. Judges, district
				attorneys, public defenders, other court personnel, domestic violence
				offenders, their attorneys and families, victim advocates and domestic violence
				service providers will be encouraged to provide feedback regarding the efficacy
				of approved DVOTI programs, to the programs and to the department.
G. The department will investigate complaints
				as promptly as possible.
H. The
				department may require approved DVOTI providers to take corrective action in
				response to the department's ongoing monitoring and evaluation of feedback and
				complaints. Failure to implement corrective action may result in de-listing of
				the DVOTI program.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 8 - CHILDREN, YOUTH AND FAMILIES GENERAL PROVISIONS › Part 7 - COURT ORDERED DOMESTIC VIOLENCE OFFENDER TREATMENT OR INTERVENTION PROGRAMS › Section 8.8.7.17 - DE-LISTING OF PROGRAMS; APPEAL RIGHTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Programs may be removed from the approved
				DVOTI provider list upon a determination by the department that:
(1) the program is not providing the services
				substantially as described in its approved application for inclusion in the
				annual approved DVOTI provider list;
(2) the program has requested to be removed
				from the list;
(3) failure to
				update information; or
(4) failure
				to implement corrective action required by the department.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 8 - CHILDREN, YOUTH AND FAMILIES GENERAL PROVISIONS › Part 7 - COURT ORDERED DOMESTIC VIOLENCE OFFENDER TREATMENT OR INTERVENTION PROGRAMS › Section 8.8.7.18 - ANNUAL RENEWAL

Current through Register Vol. 35, No. 13, July 16, 2024
Renewal shall not be automatic from year to year. Each
				  approved DVOTI program must submit an annual application packet and data
				  report, which may be obtained from the department.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 9 - EARLY CHILDHOOD EDUCATION AND CARE › Part 3 - CHILD CARE ASSISTANCE; REQUIREMENTS FOR CHILD CARE ASSISTANCE PROGRAMS › Section 8.9.3.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
Early Childhood Education and Care Department
				  ("ECECD").