New Mexico Administrative Code

December 30, 2010, unless a later date is cited at the end of a section.

To provide regulations in accordance with federal and state law and regulations.

For purposes relating to unclaimed child, spousal or medical support payments the following definitions will apply. A. "Department" is the New Mexico human services department, child support enforcement division (also known as the Title IV-D agency or IV-D agency). B. "Owner" mea…

Before support may be declared unclaimed by the department, the department shall make reasonable attempts to locate the owner. These attempts shall include the following: A. If there is no case or payee identified in the support transmittal, the department shall attempt to ascert…

A. If, after thirty six (36) months from the date the support is paid to the department, the department is unable to disburse a payment to the owner because of failure to locate, the department shall send a notice indicating that the unclaimed support shall revert to the departme…

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

A. PSD shall work with the other service areas within CYFD and other state and local agencies to enhance the provision of services to clients. B. PSD county offices shall work together to provide one another with mutual support and assistance, including, but not limited to, provi…

A. PSD shall hold a public hearing prior to the inclusion, amendment or repeal of any portion of the New Mexico administrative code in accordance with the State Rules Act. B. PSD shall file policies with the New Mexico state records center and archives in accordance with the Stat…

A. PSD shall make reasonable efforts to protect reported children from abuse and neglect, and when safely possible, to preserve the integrity of the family unit. B. Provision of services is based upon the results of the assessment of the safety of the child, an assessment of the …

PSD shall provide a client with either an administrative review or an administrative hearing to appeal a PSD decision, as outlined below. The outcome of an administrative review or hearing is final except as otherwise provided by law or these policies. A. Administrative review: (…

PSD shall collect client and services information and records that information in the agency's management information system, family automated client tracking system (FACTS). A. FACTS is the state of New Mexico's SACWIS system and shall be used to conform with federal NCANDS and …

All PSD staff and CFYD contractors shall maintain confidentiality of records and information in accordance with the laws and regulations that apply to specific services. A. Abuse and neglect records: Abuse and neglect records are confidential pursuant to the New Mexico Children's…

A. PSD shall collect social security or tax identification numbers for all vendors and providers. B. PSD seeks recovery of all overpayments made. C. Any demands for payments shall be submitted within 45 days of the service delivery or the date the charges were incurred or else pa…

A. CYFD office of the general counsel (OGC) may direct PSD to conduct an internal review of any critical incident which may include, but is not limited to: (1) a serious injury or death of a child in PSD custody or with a PSD history; (2) high profile cases with PSD history or in…

A. PSD's quality assurance unit shall provide regularly scheduled case reviews of a sample of cases in PSD county offices to evaluate the provision of services in the areas of safety, permanency and well-being. (1) The purpose of the quality assurance unit shall be to provide rel…

No more than 22% of the total number of children in foster care will have been in foster care for over 24 months at any given point during the fiscal year.

Protective services staff and the general public.

The family-centered meeting (FCM) is a facilitated meeting where PSD workers and supervisors shall meet with parents, guardians, and other for the purpose of safety planning, case planning and decision making.

Protective services division staff shall meet minimum qualifications as determined by their positions and job functions, and participate in formal pre-service and annual training as required by CYFD. A. All PSD staff shall be trained in their legal duties to protect the constitut…

PSD requires that employees, as well as volunteers and students working in PSD offices, submit to criminal records checks (CRC) and abuse and neglect background checks prior to beginning employment or other assignment. A. Level 1: Level 1 background checks shall involve a state C…

A. PSD requires pre-service training and encourages practice which helps protect the safety of its employees. B. Workers shall report to management any situations or circumstances that they believe are unsafe. PSD management shall assist the worker in structuring the situation to…

PSD employees shall not have primary responsibility for cases in which the employee has a close personal relationship with the client or a principal in the case or in which the client is a relative. In the event of the above, the employee will immediately report the relationship …

A. Audits: PSD shall participate in required state and federal audits including but not limited to the federal Title IV-E foster care eligibility review, the federal child and family services review, and state audits. B. Federal reports: PSD shall complete federal reporting requi…

PSD shall participate in RMS consistent with CYFD's federally approved cost allocation plan.

New Mexico's children, youth and families department seeks to ensure quality supervision is provided to staff across all child welfare services and managerial levels within protective services that aligns with the mission and values of the agency, as well as to ensure that superv…

Children, Youth and Families Department Act, Section 9-2A-7 D, NMSA 1978; New Mexico Children's Code, Section 32A-1-1, NMSA 1978 (Cum. Supp. 2009); and New Mexico Children's Court Rules SCRA 10-1 et seq.

Permanent.

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

To establish policies for the administrative functioning of the protective services division.

A. "Administrative hearing" in PSD, administrative hearings are used in the circumstances described herein at Paragraphs (1) through (3) of Subsection B of 8.8.2.13 NMAC. B. "Administrative review" is an informal process, which may include an informal conference or may include on…

The protective services division is New Mexico's officially designated child welfare agency, responsible for providing child protective services to individuals and families. A. PSD shall be responsible for administering and supervising the state of New Mexico's child welfare serv…

PSD and its contractors shall provide services and issue licenses and certifications in accordance with federal and state constitutional, statutory and regulatory requirements, without regard to race; ethnicity; creed; color; age; religion; sex or gender; gender identity; gender …

Children, Youth and Families Department

A. Compliance with these rules is a condition of licensure, registration, certification or renewal, or continuation of same or participation in any other program or contract within the scope of these rules. B. The licensee is required to:(1) submit an electronic fingerprint submi…

A. An applicant may not begin providing services prior to obtaining background check eligibility unless all of the following requirements are met: (1) the licensee shall send the BCU a completed application form and an electronic fingerprint submission receipt; (2) until receivin…

A. Any CYFD licensee who violates these rules is subject to revocation, suspension, sanctions, denial of licensure, certification, or registration; or termination of participation in any other program within the scope of these rules. B. Licensure, certification, registration, or …

A. For the purpose of these rules, the following information shall result in a conclusion that the applicant is an unreasonable risk:(1) a conviction for a felony and the criminal conviction directly relates to whether the applicant can provide a safe, responsible, and morally po…

A. The BCU may, in its discretion, use all reasonably reliable information about an applicant and weigh the evidence about an applicant to determine whether the applicant poses an unreasonable risk to care recipients. The BCU may also consult with the office of general counsel, t…

Any applicant whom the BCU concludes may be an unreasonable risk, as identified in Subsection A (1) of 8.8.3.13 NMAC, may submit to the BCU a rehabilitation petition describing with specificity all information that tends to demonstrate that the applicant is not an unreasonable ri…

A. An applicant's background check eligibility may be suspended for the following: (1) an arrest or criminal charge for any felony offense, as charged would result in a determination of unreasonable risk; (2) a pending child protective services referral or any other CYFD investig…

A. Denials: Any applicant who is found ineligible after completion of background check may request an administrative review from the CYFD. The request for an administrative review shall be in writing and the applicant shall cause the BCU to receive it within 15 days of the date o…

This rule applies to CYFD-contracted, direct care providers and their employees, sub-contractors, volunteers, and student interns. This rule applies to all operators, employees, and volunteers; and prospective operators, employees, and volunteers of all CYFD-contracted programs a…

The statutory authority for these rules is contained in the Criminal Offender Employment Act Section 28-2-1 NMSA 1978 to 28-2-6 NMSA 1978 and in the New Mexico Children's and Juvenile Facility Criminal Records Screening Act Section 32A-15-1 NMSA 1978 to 32A-15-4 NMSA 1978.

Permanent.

November 20, 2024, unless a later date is cited at the end of a section.

A. The purpose of these rules is to set out general provisions regarding background checks and employment history verification required in settings to which these rules apply. B. Background checks are conducted to identify information in applicants' backgrounds bearing on whether…

A. "Administrative Review" means an informal process of reviewing a decision that may include an informal conference, hearing, or a review of written records. B. "Administrator" means the manager in charge of the day-to-day operation of a facility. The administrator may be the li…

These rules apply to all licensees and direct care providers in the following settings: A. behavior management skills development; B. case management services; C. group home services; D. day treatment services; E. residential treatment services; F. treatment foster care services …

A. These rules do not apply to the following settings, except when otherwise required by applicable certification requirements for child and adolescent behavioral health services 7.20.11 NMAC or to the extent that such a program receives funding or reimbursement from CYFD:(1) hos…

Children, Youth and Families Department.