New Mexico Administrative Code

A. ABUSE means an intentional or negligent infliction of physical or psychological harm; intentional or negligent sexual contact or sexual exploitation; intentional or negligent behavior that jeopardizes life or health; torture, cruel confinement or corporal punishment. B. ACCRED…

These certification requirements supplement and apply in conjunction with the following regulations laws and codes and any future amendments to such regulations or superseding regulations. A. Licensing Requirements for Child and Adolescent Mental Health Facilities, 7.20.12 NMAC. …

A. Application for initial certification: (1) Applications for the initial certification of a new program offering case management services, behavior management skills development services, day treatment services, group home services, all residential treatment services, or treatm…

Children, Youth and Families Department.

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. The applicant of the prop…

A. Annual license: The LCA 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 LCA may, at its sole discretion, issue a temporary license prior to the i…

A. The licensee submits a renewal application on the forms obtained from the LCA, along with the required fee, within 60 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 li…

The facility's license is posted on the licensed premises in an area visible to the public.

A license is nontransferable otherwise to other persons or locations. A. The license is null and void and is returned to the LCA when any one of the following situations occur: (1) ownership of the facility changes; (2) the facility changes location; (3) the licensee of the facil…

A. a license automatically expires at midnight on 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 …

In accordance with Section 24-1.5 (H) NMSA 1978, if immediate action is required to protect human health and safety, the LCA 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…

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 all…

A. Appeals of any sanction except revocation or suspension of a license or imposition of emergency sanction(s) without prior hearing as outlined in Section 17 above, are made in writing to the LCA within 10 business days of receipt of the official notice of revocation, suspension…

All residential treatment services that provide children and adolescent mental health services as specified in these regulations. A. These regulations apply to the following: (1) public or private, profit or nonprofit residential facilities providing services as outlined by these…

A. Action plan: The LCA directs a facility to correct deficiencies within the time frame specified by the LCA through the submission of an action plan. At the discretion of the LCA, the action plan can be written by the facility and approved by the LCA or it may be a directed act…

A. 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 LCA, continue to be licensed as a residential faci…

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 Paragraphs (1), (2) and (3) of Subsection B of 7.20.12.21 NMAC of these regulations and if not in conflict wi…

A. A survey by the LCA is conducted at a minimum of 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/monitor progress with correction of viol…

All facilities licensed pursuant to these regulations must report to the LCA 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 li…

A. Submission of complaints: Complaints regarding any facility licensed pursuant to these regulations are submitted to the LCA. (1) Complaints are submitted in writing and may be signed by the complainant. (2) Complainants who telephone the LCA are able to provide necessary infor…

The capacity of a facility licensed pursuant to these regulations is determined by the following. A. All residential treatment facilities are limited to a total capacity of 16 children in a single residential building. B. By square footage of childrens sleeping rooms as specified…

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 LCA. A. Exception: Agencies having multiple facilities in the same city or town may keep reports and records on file in…

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 r…

Each facility licensed pursuant to these regulations maintains a complete record on file for each staff member or volunteer. Staff records are made available for review upon request of the LCA. A. Staff records contain at a minimum the following:(1) name; (2) address and telephon…

Sections 24-1-3, 24-1-5 and 9-2A-7(D) NMSA 1978

All facilities licensed pursuant to these regulations 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 chil…

A. Criminal record checks: 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. Agency personnel means …

Facilities providing services to children 12 years of age and younger will have an outdoor play area. A. The play area is provided with appropriate equipment to the age level of the children. B. A facility play area located adjacent to a public street or highway will have the pla…

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.

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.

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 is not to be less th…

A. Every child in the facility is immunized according to the immunization schedule of the New Mexico health department, public health division, immunization schedule. B. When an immunization record cannot be obtained for the child at the time of admission or within 30 days after …

A. 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. B. Each facility reports any notifiable disease occurring to a child to the local p…

A. Other than over-the-counter medication, a facility does not acquire, store or dispense medications. (1) Exception: Medication for a particular child prescribed by a licensed physician, licensed doctoral level psychologist, nurse practitioner, or dentist, such as may be needed …

A. A facility licensed pursuant to these regulations makes every effort to achieve a normal homelike environment for the children in care. B. The health, safety and welfare of children must be the primary concern in all activities and services provided by facilities licensed purs…

Permanent.

Each child's room is provided with, but not limited to, the following: A. a bed as defined in Subsections A - F of 7.20.12.41 NMAC; B. a dresser or other adequate storage space for private use; C. an individual closet or closet areas with a clothes rack and a shelves accessible t…

A. Children's beds are at least 30 inches wide, of sturdy construction and in good repair. B. If bunk beds are used, the vertical distance between the mattresses is sufficient to allow each occupant to sit up comfortably in bed. C. Each bed has a clean, comfortable, nontoxic matt…

Each facility includes a living and/or multi purpose room for the children's use. Such rooms are provided with reading lamps, tables, chairs, couches, or settees. These furnishings are well constructed, comfortable and kept in good repair.

A dining room is provided for meals. A. Tables and chairs for the dining room accommodate the number of children for whom the facility is licensed. 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 av…

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 minimum requirements for clean linen and clothing are: (1) the sheets and pillow case are changed at least one time per week and/or w…

A. Each child has his or her own clothing which is clean, neat, in good repair and appropriate to the season. B. If necessary, children's clothing is inconspicuously marked with his or her name. C. The use of a common clothing pool is strictly prohibited.

A. A facility allows a child in care to bring his or her personal belongings to the facility and to acquire belongings of their own while living in the facility. B. The facility may, within reason, and because of the child's program or treatment plan, limit or supervise the use o…

A. Pets are permitted and encouraged in a facility licensed pursuant to these regulations for the enjoyment of the children. B. Pets are not permitted in the kitchen or food preparation areas. C. Pets are inoculated as required by state or local law and records of inoculation kep…

Each child is provided with his or her own clearly identified toothbrush, comb, hair brush and other items for personal hygiene.

A. A residential facility licensed pursuant to these regulations arranges for a general medical examination by a physician for each child in care within 30 calendar days of admission unless the child has received such an examination within 12 months before admission and the resul…

January 1, 1999 unless a later date is cited at the end of a section.

Each residential treatment service facility licensed pursuant to these regulations provides to the children a planned, nutritionally adequate diet. A. When the food service of the facility is not directed by a nutritionist or dietitian, regular, planned consultation with a nutrit…

Each facility meets the requirements of all state and local regulations governing food service, posts inspection reports in a conspicuous place and maintains a file of any deficiencies noted in an inspection. A. Exception: Those facilities which have a written exemption from the …