New Mexico Administrative Code

To establish standards for providing medical, dental and behavioral health care to clients in the facilities of juvenile justice services of the children, youth and families department and the operators of facilities contracted by CYFD.

A. 15-day diagnostic evaluation refers to the court-ordered evaluation for purposes of diagnosing the child and preparing a report to the court indicating what disposition appears most suitable when the interests of the child and the public are considered. See, NMSA 1978, Section…

A. A medical health authority is established at the JJS level to oversee the provision of medical health care to all facility clients. A medical health authority may be appointed at the juvenile justice facility level to oversee the provision of medical services to clients at a s…

A. Space, equipment and supplies: Adequate space, equipment, supplies and materials are available for the facility's medical, dental and behavioral health services. B. Pharmacy: Facility pharmacy operations are sufficient to meet the needs of the facility and are in accordance wi…

Children, Youth and Families Department.

Each juvenile justice services facility's perimeter shall be controlled by appropriate means to ensure that pedestrian and vehicle traffic enter and exit through designated points and to prevent unauthorized client movement outside of the perimeter or unauthorized access to the f…

Juvenile justice services stores all security equipment and related items in a secured but accessible location outside of the client housing and activity areas and maintains a record of equipment distribution for both emergency and routine incidents.

Youth care specialists maintain a permanent log and prepare shift reports that record routine information, emergency situations, and unusual incidents. These logs and reports are reviewed by designated staff and filed for future reference.

Juvenile justice services maintains a system of strict accountability for clients that includes maintaining an up-to-date and accurate master roster that accounts for client admissions, releases, transfers, escapes, absences from the facility, and transports. On-duty staff member…

Juvenile justice services youth care specialist supervisors shall conduct regular daily patrols and inspections, including weekend and holidays, of all areas occupied by clients, and submit daily reports for managerial review. Weekly inspections shall be conducted of unoccupied a…

The facility superintendent or designee, deputy superintendents, and designated supervisors shall conduct patrols and inspections of client living and activity areas on a weekly basis to encourage informal contact with staff and clients and informally observe living, working, and…

Juvenile justice services monitors the use, storage, and accessibility to keys, tools, and equipment through a documented check-in and check-out procedure and regularly scheduled inventories.

Juvenile justice services governs the control and use of keys by designating an individual to maintain a facility key inventory which identifies the location of keys and associated locks. Facility keys are marked "do not duplicate" and can only be approved for duplication by the …

Juvenile justice services shall allow only authorized drivers and authorized passengers to drive or be transported in a juvenile justice services vehicle. Vehicles shall only be driven or occupied for official state business. Staff members, the public, visitors, and clients are e…

Juvenile justice services shall transport its clients in a safe and secure manner that ensures control and maintenance of custody and supervision of the clients. Drivers shall be appropriately licensed for the vehicle and shall obey all traffic laws. Vehicles shall be properly eq…

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.

Juvenile justice services shall utilize a standardized process for reporting serious incidents that involve clients in their custody, employees, or visitors. All serious incidents are reviewed by the facility superintendent and if appropriate filed in the client's permanent recor…

Juvenile justice services provides for and engages clients in pro-social skills development programs and services that work toward diminishing and eliminating gang involvement. No client or group of clients shall be given authority over other clients through formal or informal me…

Juvenile justice services restricts the use of physical force, including the use of physical and mechanical restraints, to instances of justifiable self-defense, protection of a client from hurting him or herself, protection of others, protection of property, and the prevention o…

All instances or complaints of alleged or suspected abuse are reported to the appropriate local law enforcement agency, protective services or the juvenile justice services director or designee immediately upon knowledge of the incident (Section 32A-4-3 NMSA 1978). The notificati…

Juvenile justice services shall comply with the federal Prison Rape Elimination Act (PREA) and maintains an ongoing commitment to prevent, detect, and respond to all allegations of sexual misconduct - including sexual abuse and sexual harassment. Juvenile justice services is comm…

Juvenile justice services increases contact between staff and clients, fosters interpersonal relationships and promotes more knowledge-based decision making by subdividing facilities into manageably-sized units with multidisciplinary decision making authority in programming and s…

Staff to client ratios are assessed and maintained according to location, need, and safety. Juvenile justice services shall provide an environment that is safe, secure, and orderly by having sufficient staff, 24 hours a day, scheduled and located in client living and activity are…

Juvenile justice services and its contractors and service providers are gender responsive. Juvenile justice services shall maintain at least one staff member of the same gender as a client being supervised in the location of the client.

Juvenile justice services considers any item found inside the perimeter of a facility or in possession of a client, staff member, or visitor inside the perimeter of a facility contraband if it is illegal to possess by law, illegal for minors to own or possess, or specifically lis…

Juvenile justice services staff, or if necessary supervisory staff or law enforcement personnel, may conduct or authorize pat down or strip searches anytime there is an articulated and documented safety or security issue. Staff may search clients, visitors, other staff, living un…

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.

Juvenile justice services expressly prohibits manual or instrument inspections of body cavities without the execution of a warrant for probable cause by a sworn peace officer. If such a warrant is issued, such inspections shall only be conducted in an emergency room of a medical …

Juvenile justice services provides for the recording, preservation, control, and disposition of all physical evidence obtained in connection with a violation of the criminal code or juvenile justice services' policy and procedure. Evidence or property seized shall have a document…

Juvenile justice services' maintains written emergency plans and distributes and trains key personnel in the manner which these plans are to be carried out during an actual emergency. These plans also include specific information on a means to immediately release clients from loc…

The juvenile justice services director will make appropriate internal procedures available to the public but reserves the right to add, delete or modify internal procedures without notice or comment in furtherance of the mission and goals of the department or service area.

Permanent.

July 1, 2016 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" is 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 relationships and …

Juvenile justice services maintains a security manual that designates locations of staff, referenced as posts, with specific direction delineated through post orders that provide standard and emergency operating procedures to each staff member. The security manual shall not gener…

To maintain the necessary security and control of the facility, to promote a primary communication vehicle, and to promote safe and orderly operations there shall be a designated control center at secure facilities, operating 24 hours per day to coordinate all security functions …

New Mexico Children, Youth and Families Department.

A. Each FTC submits a proposed list of names of juveniles to be placed on the agenda to the panel at least forty days prior to the next regularly scheduled release consideration meeting dates. The FTC shall provide the release panel with the release consideration summary at least…

A. The panel determines the general and special conditions of supervised release. The panel may add, delete or change any of the general or special conditions of supervised release. B. The following are general conditions of supervised release to be included in all supervised rel…

A. The department supervises juveniles on supervised release. The facility or regional transition coordinator /designee is responsible for providing the juvenile's juvenile probation officer with the supervised release recommendation report and any other documentation required to…

The JPO informs the panel when a juvenile is alleged to have violated any general or special conditions of supervised release. The JPO and a designated departmental representative of the panel confer regarding the appropriate course of action in each circumstance. Supervised rele…

A. Preliminary supervised release violation hearing. The purpose of the hearing is to determine whether there is probable cause (through a fact-finding process) to conduct a final supervised release violation hearing. The hearing shall be before an impartial hearing examiner appo…

A. JPO request for discharge from supervised release: If the juvenile's JPO determines that a juvenile on supervised release has exhibited behavior that warrants early discharge, and the juvenile is not in a mandatory supervised release period, the JPO may request early discharge…

This rule applies to clients who are committed to the custody of juvenile justice services pursuant to the Delinquency Act, staff of juvenile justice services of the children, youth and families department and the operators of facilities contracted by CYFD.

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

Permanent.

July 16, 2009, unless a later date is cited at the end of a section.

To provide for the transition, release, and supervision of juvenile offenders from juvenile justice services facilities.

A. Absconder refers to a client on probation or supervised release who leaves the jurisdiction without permission, or an escapee or runaway from a placement. B. Aftercare refers to supervised release case management provided to clients released from juvenile justice facilities an…