New Mexico Administrative Code

Generally, the OIG, is responsible for conducting independent audits, reviews, and investigations of HSD programs and operations, while detecting and preventing fraud, waste, and abuse. Through audits and reviews, the OIG promotes accountability, efficiency, economy, and integrit…

Children, Youth and Families Department (CYFD), Protective Services Division (PSD).

A. PSD intake workers shall be available to receive reports of suspected child abuse or neglect 24 hours a day, seven days a week, including reports involving suspected abuse or neglect of children in in PSD custody. B. PSD intake workers shall accept reports from individuals wis…

PSD workers shall ask the reporting source if they wish to remain anonymous. If so, the reporter's name shall be entered as anonymous and PSD shall protect the identity or identifying information of reporting sources and shall not disclose the reporter's identity, absent the cons…

A. PSD intake workers make screening decisions on all reports received. Screening decisions shall be made on all reports within established time frames. All screening decisions are staffed with an intake supervisor. B. PSD intake workers shall use information received from the re…

Intake workers shall prioritize accepted reports as follows: A. Emergency report (E): A report alleging a danger indicator involving a vulnerable child, including but not limited to an abandoned infant or child, any physical injury to an infant, a potentially life threatening sit…

A. PSD intake workers shall cross report all reports to the appropriate law enforcement agency pursuant to the New Mexico Children's Code Section 32A-4-3(B) NMSA 1978. B. When the alleged perpetrator of abuse or neglect is not a parent, guardian or custodian, the PSD worker shall…

SCI shall initiate an internal notification protocol within CYFD when a SCI supervisor has determined a report involves a serious injury, child fatality or may be a high profile case.

A. PSD intake workers shall make a record of all reports received regarding alleged child abuse or neglect. B. PSD shall maintain records of all reports as follows: (1) Screened out reports shall be maintained for one year after date of last activity concerning client, as require…

If a report alleging abuse or neglect meets the criteria established pursuant to section 32A-4-4.1 NMSA 1978, the department shall refer the case to the New Mexico family resource connection (NMFRC) program. The New Mexico family resource connection is a 30 day program within sta…

REACH New Mexico is a PSD confidential texting program available for all children and youth residing in the state of New Mexico. REACH NM is a program held within the statewide central intake division. The texting program allows for any child or youth in New Mexico to safely repo…

Protective services employees and the general public.

Children, Youth and Families Department Act, 9-2A-7 D, NMSA 1978; New Mexico Children's Code, Section 32A-1-1, NMSA 1978 (2009 Cum. Supp.)

Permanent.

March 31, 2010, unless a later date is cited at the end of a section.

To establish provisions for accepting reports of alleged child abuse or neglect.

A. "Caregiver" is an adult, parent, guardian or custodian in the household who provides care and supervision for the child. B. "Child abuse and neglect check" is a review of the PSD family automated client tracking system, also known as FACTS, or another state's central abuse or …

The purpose of child protective services intake is to: A. receive reports of alleged child abuse or neglect; B. determine if the situation reported may constitute abuse or neglect as defined by the Children's Code, Subsection B of Section 32A-4-2 and Subsection E of Section 32A-4…

A. Any child up to age 18, shall be eligible for protective services intake. B. All individuals are required by the Children's Code, Section 32A-4-3(A) NMSA 1978 to report suspected child abuse or neglect to SCI or law enforcement if they know, or have a reasonable suspicion a ch…

Children, Youth and Families Department (CYFD), Protective Services Division (PSD)

A. The safety of the child is the overriding concern throughout the casework relationship with the family. If the safety of the child is ever in conflict with the preservation of a family unit, the child's need for protection always takes precedence. PSD shall request immediate a…

A. The PSD worker shall interview and observe the alleged child victim and all other children in the household during the investigation. A parent, guardian or custodian may refuse the PSD worker permission to interview or observe the child. If access is denied, the PSD worker sha…

A. The PSD worker shall notify the parent, guardian or custodian of the interview with the child in advance of the interview unless the worker has determined that notification could adversely affect the safety of the child about whom the report has been made or compromise the inv…

A. Law enforcement shall be responsible for conducting investigations of child abuse or neglect in schools, facilities and child care homes or centers. Upon request from law enforcement, PSD shall assist in the investigation. B. When PSD is notified of any allegations in a school…

A. PSD shall investigate abuse or neglect allegations involving a PSD licensed resource family home, treatment foster home, or pre-adoptive home. B. PSD shall notify law enforcement and coordinate the investigation with law enforcement when law enforcement is involved.

A. PSD shall investigate allegations of child abuse or neglect involving Indian children who reside off the reservation or pueblo. B. PSD may assist in the investigation of allegations of child abuse or neglect involving children who reside on the reservation or pueblo, if reques…

A. PSD shall make reasonable efforts to maintain the family unit and prevent the removal of a child from their home, as long as the child's safety is assured. B. If temporary out-of-home placement is necessary to ensure the immediate safety of the child, PSD shall make reasonable…

A. The PSD worker shall complete the investigation and decide whether the report's allegations of abuse or neglect are substantiated or unsubstantiated within 45 days of SCI accepting the report for investigation, unless an extension is approved by the supervisor. Extensions are …

Any family that has been subject to a PSD abuse or neglect investigation, regardless of the decision to substantiate or un-substantiate, shall receive a higher level of case review upon the family's third instance of being investigated by PSD for alleged child abuse or neglect.

A. PSD shall make an investigation disposition within 45 days of SCI accepting the report in every investigation PSD conducts, unless an extension is approved by the supervisor. Extensions are not to exceed an additional 30 days after the original 45 days have passed. B. PSD shal…

Protective services employees and the general public.

PSD shall conduct an investigation of alleged child abuse or neglect resulting in a child fatality when there are no other remaining children residing in the home.

A. PSD shall document investigation assignments and requirements, as described herein at 8.10.3.9, 8.10.3.10, 8.10.3.11, and 8.10.3.12 NMAC, and shall document the investigation decision, disposition and notice of results of the investigation letter in FACTS as described herein a…

A. The PSD worker shall provide parents, guardians, resource families, pre-adoptive parents and treatment foster parents who were the subject of the investigation the notice of results of the investigation letter. The PSD worker shall send the notice of the results of the investi…

The PSD worker may offer child protective services childcare during an open investigation as part of an in home safety plan created for the child. Child protective services childcare may be provided during the investigation within the 45 day time frame, or with possibility of a 3…

Children, Youth and Families Department Act, Section 9-2A-7 D, NMSA 1978; New Mexico Children's Code, Section 32A-1-1, NMSA 1978 (2009 Cum. Supp.)

Permanent.

September 29, 2015, unless a later date is cited at the end of a section.

To establish guidelines for the investigation and disposition of cases of alleged abuse and neglect of children by their parent, guardian, custodian, other household members, or resource family.

A. "Abandonment" as defined in the Children's Code, Section 32A-4-2(A) NMSA 1978, includes instances when the parent, without justifiable cause: (1) left the child without provision for the child's identification for a period of 14 days; or (2) left the child with other, includin…

A. The purpose of protective services investigation is to assess safety of children who are the subjects of reports of alleged abuse or neglect by: (1) collecting and assessing information to determine whether the alleged child abuse or neglect occurred; (2) determining whether a…

A. Every accepted report concerning alleged child abuse or neglect shall be assigned for investigation according to the investigation priority as determined by statewide central intake (SCI). B. Investigation priority: The PSD worker shall initiate the investigation within the ti…

Children, Youth and Families Department (CYFD), Protective Services Division (PSD)

A. Children youth and families department (CYFD): (1) Protective services division (PSD) statewide central intake (SCI): SCI shall complete the following with every hospital provider or call that involves a substance exposed newborn: (a) Ask the reporter if a POC has been created…

A. Caregivers and the newborn shall have an assigned CC prior to the newborns discharge or within 24 to 48 hours after notification to the MCO or private insurer. Caregivers and newborn shall have the same CC when possible. B. Caregivers shall identify a PCP and schedule appointm…

If after the POC is in place, the family disengages in services, the CC contacts the CARA navigators and shall follow internal processes regarding a report to SCI. SCI shall perform an assessment to determine if the disengagement warrants a CYFD investigation.

A. If a hospital, birthing center, medical professional, MCO, private insurer or other provider is found by the CARA navigators to be out of compliance with the CARA rules, CYFD shall inform the oversight agency of that entity to ensure compliance is ensured. B. Hospitals and bir…

Protective services employees, New Mexico managed care organizations (MCO's), private insurance, children's medical services (CMS), New Mexico primary care offices, hospitals, supportive services providers, and substance exposed infants and their caregivers.

Children, Youth and Families Department Act, Subsection D of Section 9-2A-7, NMSA 1978.