New Mexico Administrative Code

Permanent.

June 1, 2010, unless a later date is cited at the end of a section.

To establish standards and guidelines for programs which serve the best interest of the clients, persons and property under the supervision or in the custody of the department including implementation of Cambiar New Mexico. This rule further establishes guidelines to address the …

A. "Cambiar (Change) New Mexico" refers to the name designated by the children, youth and families department (CYFD) for its juvenile justice reform initiative that focuses on rehabilitation and relationships. Clients and juvenile justice services' staff members build one-on-one …

Clients placed in the care and custody of juvenile justice services are programmed, housed and receive services at the most appropriate level and location available. Juvenile justice services provides social services programming that makes available a range of resources appropria…

Juvenile justice services develops, maintains and makes available to clients and staff classification procedures which specify the measures used in determining the risk levels of clients, the most appropriate housing and services levels for clients, the frequencies of reviewing c…

Children, Youth and Families Department.

A. On a regular basis, the department will electronically notify the courts of CYFD records that have been sealed. B. The department will ensure that electronic information on sealed cases will be available for other entities who are required to seal cases, including public defen…

A. All court orders for sealing received by the department will be forwarded to the OGC records custodian. B. When the OGC records custodian receives a court order for sealing, an office of general counsel attorney will review the order to ensure that it is valid and enforceable.…

A. Upon receipt of notification of the posting of the sealed spreadsheet to a designated CYFD internal computer storage drive, facility records managers will go to that drive and retrieve the list. B. Facility records managers will seal the files and records of the names of the c…

A. Files and records that have been sealed may only be re-opened pursuant to a valid court order or for internal research and reporting purposes by designated staff in CYFD. B. If an order is received to unseal a previously sealed file and record, OGC will review the order for le…

This rule applies to clients and staff of the juvenile justice division, also referred to as juvenile justice services, of the children, youth and families department.

Sections 32A-1-1 et seq., 32A-2-1 et seq., 32A-3-1 et seq., 32A-4-1 et seq., 32A-11-1 et seq., 32A-15-1 et seq. NMSA 1978 Comp., as amended.

Permanent.

June 1, 2010, unless a later date is cited at the end of a section.

To establish standards and guidelines for sealing the records of juvenile justice services client.

A. "Cambiar (Change) New Mexico" refers to the name designated by the children, youth and families department (CYFD) for its juvenile justice reform initiative that focuses on rehabilitation and relationships. Clients and juvenile justice services' staff members build one-on-one …

A. Each month, the FACTS system will review all open and closed cases to identify those cases that are closed and meet the criteria for sealing in 60 days. B. FACTS will generate a report of clients which meet the above criteria as well as individual letters to clients who meet t…

A. Each month, the FACTS system will seal the FACTS case for clients who turned 18 over 60 days ago or were already 18 and their case has been closed for 60 days. B. Several lists are generated for notification of sealing for the courts, district attorneys, defense attorneys and …

Children, Youth and Families Department.

When a request for medical or behavioral health records is received by the OGC records custodian, it must be accompanied by a current and valid signed HIPAA release. An access to records request form is also required if the disclosure is to be made to the person who is the subjec…

The juvenile justice services director will make appropriate procedures available to the public but reserves the right to add, delete or modify procedures under the confidentiality of client records policy without notice or comment in furtherance of the mission and goals of the d…

This rule applies to clients and staff of the juvenile justice division, also referred to as juvenile justice services, of the children, youth and families department.

Sections 32A-1-1 et seq., 32A-2-1 et seq., 32A-3-1 et seq., 32A-4-1 et seq., 32A-11-1 et seq., 32A-15-1 et seq. NMSA 1978 Comp., as amended.

Permanent.

June 1, 2010, unless a later date is cited at the end of a section.

To establish standards and guidelines for confidentiality of records of clients under the supervision or in the custody of the department.

A. "Cambiar (Change) New Mexico" refers to the name designated by the children, youth and families department (CYFD) for its juvenile justice reform initiative that focuses on rehabilitation and relationships. Clients and juvenile justice services' staff members build one-on-one …

Records held by the department that concern juvenile justice services clients may be disclosed to employees within the department pursuant to the informed consent of the client who is the subject of the records and according to federal or state laws, rules, and regulations. Depar…

Juvenile justice services client records are confidential and can only be disclosed pursuant to a valid court order, except to those entities specifically entitled to access under the New Mexico Children's Code Delinquency Act. Any time a request for juvenile justice services cli…

Children, Youth and Families Department.

This rule applies to clients and employees of the juvenile justice services of the children, youth and families department.

Chapters 32A-1-1, et seq., 32A-2-1 et seq., 32A-3-1, et seq., 32A-3A-1 et seq., 32A-4-1 et seq., 32A-6-1 et seq., 32A-7-1 et seq., 32A-9-1 et seq., 32A-10-1 et seq., 32A-11-1 et seq., 32A-12-1 et seq., 32A-13-1 et seq., 32A-17-1 et seq., 32A-21-1 et seq., 33-9A-1 et seq. NMSA 197…

Permanent.

December 30, 2005, unless a later date is cited at the end of a section.

Clients placed in the department's custody receive appropriate and individualized educational programs and services. The programs are designed to meet treatment, education and rehabilitative needs.

A. Educational program refers to a program of formal academic education or vocational training. B. IDEA refers to Individuals with Disabilities Education Act.

A. Clients are provided academic and vocational counseling, initial screening, assessment and evaluation to determine individual needs. The programs are consistent with the needs of the client population and the requirements of state and federal statutes. B. Educational programs …

New Mexico Children, Youth and Families Department.

A. Infection control program: There is an effective infection control program that minimizes the incidence of infectious and communicable diseases among clients and staff in facilities. B. Sanitation and hygiene: Each facility ensures that clients are housed, work, study, recreat…

A. Credentialing, licensure and certification of health care professionals: All medical, dental and behavioral health care personnel who provide services to clients are appropriately credentialed according to the licensure, certification and registration requirements of the state…

A. Clients information and access to services: Clients and families are given information about the availability of medical, dental, and behavioral health services at the facility upon arrival. Clients and families are also given information about how to access medical, dental, a…

A. Clients needing close medical supervision: A proactive program exists that provides care for special needs clients who require close medical supervision or multidisciplinary care. B. Chronic disease: Clients with chronic diseases are identified and provided medical and other s…

A. Health education: Health education is offered to all clients; all patients are provided with individual health instruction. B. Nutrition and medical diets: Nutrition and medical diets are provided that enhance clients' health and are modified when necessary to meet specific re…

CYFD ensures that clients who undergo a 15-day diagnostic evaluation, pursuant to Section 32A-2-17(D) of the Delinquency Act, receive a comprehensive diagnostic evaluation. A written report of the results of the diagnostic evaluation is provided to the court.

Health records are maintained in a consistent manner between facilities. The confidentiality of a client's written or electronic health record, as well as verbally conveyed health information, is maintained. Health records are maintained under security and completely separate fro…

This rule applies to clients, facility staff and health care providers administering care to the clients in the facilities of the juvenile justice services of children, youth and families department and the operators of facilities contracted by CYFD.

NMSA 1978 section 9-2A-7(D) (2005) authorizes the secretary of the children, youth and families department (CYFD) to adopt regulations as necessary to carry out the duties of CYFD. NMSA 1978 section 32A-2-19(B) provides that delinquent children may be committed to the legal custo…

Permanent.

August 15, 2008, unless a later date is cited at the end of a section.