New Mexico Administrative Code

A. Community services reviewer refers to persons designated to review, coordinate, track, and ensure the provision of emergency wraparound funds for youth in transition services. B. Culturally competent services refers to a service delivery system that is responsive to diversity …

Transition services are provided to maximize the youth's opportunity to successfully transition into the community after discharge/release from a facility. Transition services are provided through transition services coordinators who work on a regional basis throughout the state.…

Transition services involve individualized transition planning. The transition plan identifies the goals, activities/ services/ programs, timeframes, and outcomes related to successful transition. Transition services coordinators establish the necessary arrangements and linkages …

New Mexico Children, Youth and Families Department.

A. All awards from the grant fund shall be made pursuant to the provisions of the Procurement Code and regulations promulgated thereunder. B. The department in consultation with JJAC may establish priorities for expenditure of grant fund money. Any priority determinations shall b…

Consistent with the provisions of the Procurement Code and regulations promulgated thereunder, the department shall negotiate with successful applicants to formalize the agreed-upon project as the subject of a contract between the grantee and the department. The contract shall id…

A. The rights and remedies of continuums that submit proposals shall be those available to them under the Procurement Code and regulations promulgated thereunder. B. The rights and remedies of grant fund recipients shall be those available to them pursuant to their contracts with…

General public, all units of local and tribal government, and all partners in juvenile justice continuums that may be seeking to provide cost effective services and certain temporary nonsecure alternatives to detention for juveniles arrested or referred to juvenile probation and …

Juvenile Continuum Act, Laws 2007, Chapter 351 and the Children, Youth and Families Department Act, Section 9-2A-7(D) NMSA 1978, as amended.

Permanent.

July 31, 2007, unless a later date is cited at the end of a section.

The objective of Chapter 14, Part 13 is to establish the manner in which money appropriated by the New Mexico state legislature to the juvenile continuum grant fund, and other money accruing to the fund as a result of gift or deposit, shall be awarded pursuant to the Juvenile Con…

A. "Department" means the children, youth and families department. B. "Grant fund" means the juvenile continuum grant fund, established pursuant to the Juvenile Continuum Act, Laws 2007, Chapter 351. C. "JJAC" means the juvenile justice advisory committee, formed and functioning …

The allowable uses for grant fund money are those set forth in the Juvenile Continuum Act, Laws 2007, Chapter 351. Grant fund money may be used to provide: A. Cost effective services for juveniles who are at risk of referral from a required partner to the department's juvenile pr…

Each fiscal year that money is available to be disbursed from the grant fund, the department in consultation with JJAC shall determine specific priorities for disbursement of the available money. The priorities must be selected from among the allowable uses specified for grant fu…

Children, Youth and Families Department.

A. Training shall be provided annually to all staff by qualified instructors. Each staff signs an acknowledgment that they have been trained and understand the center's policies and procedures. B. The center shall have written policies and procedures that ensure all new fulltime …

A. The center shall have written policies and procedures consistent with state and federal laws to provide individuals and agencies access to records for the purposes of research, evaluation, and statistical analysis in accordance with a formal written agreement that authorizes a…

A. A detention center for juveniles may be collocated within, as part of, or on the same immediate grounds of an existing municipal or county jail or courthouse which contains a jail, provided that all state and federal requirements for a collocated center are met, in accordance …

A. The center shall comply with applicable state, federal, and local sanitation, safety, and health codes pertaining to fire, evacuations, emergencies, and safe, secure storage. B. The center shall provide that a qualified fire and safety officer perform a comprehensive and thoro…

A. All centers shall submit a plan to the department within 90 days of beginning operations, which demonstrates the center's ability to provide adequate management, control, supervision, staff coverage, program activities, and security, and address at a minimum: (1) center struct…

A. Food services shall comply with the applicable sanitation and health codes as promulgated by state, federal, and local authorities. B. The center shall have written policies and procedures requiring that food service staff develop planned menus that are nutritionally balanced …

A. The center must comply with applicable state, federal, and local sanitation and health codes. B. The center shall take actions to prevent and control vermin and pests. C. Hair care services shall be available to juveniles. D. The center shall have written policies and procedur…

A. The center shall have written policies and procedures that provide for the delivery of health care services, including medical, dental, and behavioral health care, under the control of a designated health authority. When this authority is other than a health care provider, fin…

A. The center shall have written policies and procedures stating that juveniles are not subject to discrimination based on race, color, national origin, religion, sex (including pregnancy and childbirth) mental or physical disability, genetic information, marital status, sexual o…

A. Rule violations, disciplinary procedures, and possible sanctions shall be posted in a conspicuous and accessible area. Information about the disciplinary process shall be given to each juvenile upon admission. The documents are translated into the language spoken by the juveni…

This regulation applies to all New Mexico juvenile detention centers operating under the certification of the children, youth and families department and managed by county and local jurisdictions. Juvenile detention centers detain delinquent offenders, youthful offenders, and ser…

A. The center shall have written policies and procedures governing the intake and orientation of newly admitted juveniles including: (1) notification of assigned juvenile probation officer, (2) verification of legal authority to detain, (3) search and inventory of the juvenile an…

A. The center, in cooperation with the local education agency, develops and implements written policies and procedures which provide for the educational and instructional needs of juveniles, and complies with applicable state and federal educational standards. The center must mai…

A. The center shall have written policies and procedures requiring that juveniles have access to: (1) recreation activities and leisure time daily, (2) reading materials, and (3) culturally appropriate activities and services. B. The center shall develop and implement a daily act…

A. The center shall have written policies and procedures requiring that juveniles may communicate with their families. B. There is no limit to the volume of letters a juvenile may send or receive, except when the center provides postage. In such cases, the center informs the juve…

A. The center shall have written policies and procedures that provide for releasing juveniles including: (1) verification of identity, (2) verification of release papers, (3) completion of release arrangements, including the person or agency to whom the juvenile is to be released…

A. Volunteer involvement in programs, direct services, and cooperative endeavors for juveniles is encouraged. B. Center staff provides supervision for all volunteers and volunteer programs. C. Volunteers are screened and recruited from all cultural and socioeconomic segments of t…

Each center shall maintain documentation, including records, policies, and procedures required by these standards and shall make them available to the department. Paper and electronic records and files shall be maintained and managed per state records requirements.

A. A waiver means the department refrains from enforcing compliance with a portion of these standards for a limited time period provided the health, safety, and welfare of the juveniles and staff are not in danger. Waivers are not favored and will be granted at the sole discretio…

Section 32A-2-4 NMSA 1978, as amended, cited as the Children's Code.

Permanent.

January 1, 2019.

To promulgate standards for the maintenance and operation of all juvenile detention centers including standards for the site, design, construction, equipment, care, programming, education, staffing, and medical and behavioral health care. The department shall certify as approved …

A. Terms beginning with the letter "A": (1) "Abuse and neglect" perpetrated by an adult on a child/juvenile, as defined in the Children's Code. (2) "Action plan " a written document in response to a sanction submitted by the center to the department for approval which states the …

A. The following standards are promulgated by the department pursuant to the Children's Code. These are minimum standards to assess basic operations of juvenile detention centers in New Mexico. B. The department shall have access to the administrator or designee and the center fo…

A. The education and experience qualifications of the center administrator include, at a minimum, one of the following: a bachelor's degree in an appropriate discipline, four years of experience working with juveniles, or three years in detention supervision and administration. B…

Children, Youth and Families Department.

A. TYPES OF CERTIFICATIONS (1) FULL CERTIFICATION: Is granted to a facility currently serving clients and determined to be in substantial compliance with the certification standards. If there are minor to few non-health and safety standards deficiencies, the department directs a …

The department provides notification by fax and certified mail or personal service of its imposition of any sanction against a facility. Notification of other actions contemplated under the regulations may be by fax, mail or personal service.

The facility may appeal the department's action of imposition of any sanction except a letter of correction. The department shall appoint a hearing officer to conduct an administrative appeal. Appeals shall be governed by the hearing process and procedure section of these rules a…

To secure an administrative appeal, the facility must make a request for hearing in writing within ten (10) working days after the facility received the department's notice. A facility is deemed to receive notice of a sanction within three (3) days of the mailing.

Inspections: the department may inspect any detention facility located in this state with or without prior notice. Each detention facility provides full and prompt access of all segments of the facility, to all residents, to all employees, and to all records. In the event that su…

A. Right to a hearing: in the event a sanction is imposed, the children, youth and families department provides the detention facility with a written notice of the intent to impose a sanction. The notice of sanction is provided as soon as possible after the discovery of the viola…

A. In the event of an appeal to state district court, Rule 1-077 is followed. B. Record proper: (1) The hearing officer is responsible for creating the record proper. (2) All exhibits admitted into evidence, orders, submissions or motions the parties file and tapes or other trans…