New Mexico Administrative Code

A. "Ability to consent" means an adult's ability to understand and appreciate the nature and consequences of the proposed protective services or protective placement, including the benefits, risks and alternatives to the proposed services or placement and to make or communicate a…

The purpose of adult services is to mitigate adult abuse, neglect and exploitation, to prevent inappropriate or premature institutionalization and to assist clients to remain safely in their home or the least restrictive environment possible.

The department, based upon the adult's eligibility and the availability of resources, provides or arranges for the following services for adults: A. emergency caregiver/shelter care services; B. home care services; C. attendant care services; and D. adult day care.

Aging and Long-Term Services Department - Adult Protective Services Division.

A. The department complies with the provisions of the Adult Protective Services (APS) Act and the Rules of Civil Procedures and the Rules of Evidence for the district courts. B. Attorney-client relationship: The primary decision-maker on the case of an incapacitated adult is the …

The department may cooperate with parties and courts in criminal and other civil proceedings pursuant to applicable law.

The department may not provide legal services on Indian tribal land unless allowed under federal law after written authorization is received from tribal leadership (tribal governor or president.)

A. If an incapacitated adult is in an emergency situation and lacks the ability to consent to receive protective services and no other authorized person is available or willing to consent to protective services, the department may seek an emergency order from the district court f…

A. If the adult continues to need protective services or placement after the renewal order expires, the department is responsible for seeking appointment of a guardian or conservator to assume responsibility for the adult's care or the department must petition for a non-emergency…

A. The department may contact law enforcement to transport an incapacitated adult to an appropriate facility, without a court order, for an emergency placement. (1) Law enforcement makes the determination that the emergency placement is required based upon law enforcement's perso…

A. The department may petition the court for a non-emergency protective services/placement of an adult. The court may issue a non-emergency protective services/placement order based upon a petition and supporting medical, psychological and social evaluations of the adult. B. The …

A. The department explores other options such as representative payee, power of attorney, surrogate decision-makers, trusts and living wills, prior to initiating guardianship or conservatorship proceedings. B. The department recommends limiting the powers of a guardianship or con…

A. In emergency situations the court may appoint a temporary guardian/conservator prior to a hearing on a petition. B. The department may petition the court to appoint a temporary guardian/conservator. C. The adult is served within 24 hours of the appointment of a temporary guard…

The adult, his personal representative, the conservator or guardian or any other interested persons, including the department, can petition the court for removal of the guardian/conservator and request the appointment of a successor, if in the adult's best interest. The court can…

Protective services employees and general public.

A. The caseworker gives the APS attorney advance notice of all witnesses, expert or otherwise, to be called to allow sufficient time to secure subpoenas and service. B. The department reimburses for expert testimony, time and travel. (1) The APS attorney approves the expert witne…

The department may impose, after notice as described in Subsection A of 8.11.5.21 NMAC, civil penalties not to exceed $10,000 against a facility, provider, or individual who fails to provide documents or certain identifying information, interferes with an investigation, interfere…

A. A person or entity may appear as a party on his or their own behalf or by an attorney licensed to practice law in New Mexico. B. The department may be represented by a duly authorized employee of the department or by an attorney licensed to practice law in New Mexico. C. An at…

An assessed party may request a hearing before the department. The request for hearing shall be in writing and received by the adult protective services division director no later than ten (10) working days from the date that the assessed party receives the civil penalty assessme…

Within five (5) working days of receipt of a timely request for hearing, the adult protective services division director shall appoint a hearing officer and shall send written notice of the appointment to the parties.

A. Within ten (10) working days of appointment, the hearing officer shall establish the date, time and place of the hearing. The hearing shall be no more than one hundred twenty (120) calendar days from the date of the civil penalty assessment unless the parties agree otherwise. …

Unless the parties agree otherwise, the hearing shall be held in the county where the events allegedly occurred that gave rise to the civil penalty assessment.

The hearing officer shall have the authority to: A. preside over hearings; B. assure that hearings are properly recorded; C. administer oaths and affirmations to the witnesses; D. issue subpoenas and subpoenas duces tecum; E. establish procedural schedules; F. rule on motions and…

Although formal rules of civil procedure and evidence do not apply, the hearing officer may look to the New Mexico rules of civil procedure and the New Mexico rules of evidence for guidance during the course of the proceedings. In addition, the hearing officer's recommended decis…

A. No party, representative of a party, or other person shall communicate off the record about the merits of a case with the department or the hearing officer unless the communication is in writing and a copy is provided to all parties to the proceedings. B. The department's empl…

Adult Protective Services Act, Section 27-7-14 et seq. NMSA 1978, as amended; Public Health Act, Section 24-1-5 L, as amended; Probate Code, Section 45-5-301 et seq. NMSA 1978, as amended; Resident Abuse and Neglect Act, Section 30-47-1 et seq. NMSA 1978, as amended; Aging and Lo…

A. Upon written request of any party, the hearing officer may require parties to comply with reasonable discovery requests. Oral and written depositions are prohibited except to preserve the testimony of persons who are sick or elderly, or persons who shall not be able to attend …

A. Pursuant to Section 28-17-19(C) NMSA 1978, upon the written request of a party, the hearing officer may issue subpoenas to compel attendance of witnesses or production of records in connection with proceedings before the department. B. In order to subpoena a person who is not …

A. Hearings shall be conducted as follows: (1) all hearings shall be open to the public, unless closing a hearing is necessary to protect the privacy of any person who is entitled to privacy protection under federal or state law; (2) only relevant and material evidence is admissi…

A. Unless a hearing is stenographically recorded and the hearing officer orders otherwise, all hearings shall be recorded electronically by audio or audio-video. Any party desiring a copy of the audio or audio-video shall make a written request to the hearing officer and shall pa…

A. The hearing officer shall present a written recommended decision to the secretary after the close of the hearing, and shall send copies to the parties. The recommended decision shall be based solely on the record and shall include proposed findings of fact and conclusions of l…

A. The secretary shall issue a final written decision within 10 working days of the receipt of the hearing officer's recommended decision or ruling on a motion for reconsideration. Based upon the evidence in the record, the secretary may affirm, reverse or modify the hearing offi…

A person who is aggrieved by the secretary's final decision may appeal to the district court in accordance with the provisions of Section 39-3-1.1 NMSA 1978 and Rule 1-074 NMRA. The date of filing of the secretary's final decision starts the time limit for appeal.

The filing of a notice of appeal shall not stay the enforcement of the secretary's final decision. Upon a showing of substantial hardship and irreparable harm, the secretary may grant a stay of the final decision pending appeal. The district court may also grant a stay in accorda…

Whenever an assessed party is in default of a civil penalty assessment, the adult protective services division may file an action in district court solely for the purpose of entry of judgment and enforcement of the civil penalty. The district court shall accept the civil penalty …

Permanent.

10/30/08, unless a later date is cited at the end of a section.

To establish guidelines for the provision of adult legal services by the department that are consistent with statutory authority and legal mandates.

A. "Ability to consent" means an adult's ability to understand and appreciate the nature and consequences of proposed protective services or protective placement, including benefits, risks and alternatives to the proposed services or placement and to make or communicate an inform…

The purpose of adult protective legal services is to protect incapacitated adults through legal intervention consistent with the adult's need for services and with the least possible restriction of the adult's liberty.

A. The adult protective services attorney provides information, interpretation of law and general assistance to the department in the provision of adult protective services. B. When the adult protective services attorney, supervisor, and regional manager cannot agree on the most …

Aging and Long-Term Services Department.

APS will investigate all complaints in accordance with its policies and procedures and render an investigative decision. A. If a complaint relates to an employee of a provider that is not licensed by or covered under contract by the department of health,APS's investigative decisi…

If a complaint relates to an employee of a provider that is not licensed by or covered under contract by the department of health, APS shall make a determination of the severity of substantiated complaints of abuse, neglect or exploitation for the purpose of deciding if the emplo…

In accordance with Section 27-7-19 NMSA 1978 and as allowed by law or contract: A. Access to provider. The provider shall provide APS investigators with immediate physical access to the provider's entire facility or its service delivery sites. The investigators may require such a…

A. Notification to provider and employee. If APS determines, following an investigation, that an instance of either substantiated or substantiated registry-referred employee abuse, neglect, or exploitation has occurred, then APS shall promptly notify the employee and the provider…

Hearings are provided to employees by the department or the department of health, depending upon whether APS or the department of health made the registry referral determination. This section provides rules applicable to hearings held by the department. A. Request for hearing. An…

APS shall promptly provide all required employee information to the custodian of the final disposition of complaints of substantiated registry-referred abuse, neglect or exploitation after the occurrence of each of the following. A. No hearing requested. The employee has not requ…

The custodian shall provide the employee and the provider for whom the employee worked with notice of the employee's listing on the registry. The following employees will be listed on the registry by the custodian. A. No hearing requested. Any employee determined to have committe…

After a period of three years from the effective date of placement on the registry, an individual on the registry may petition the department of health for removal from the registry in accordance with the terms of department of health rule 7.1.12 NMAC.