Chapter 28 — Chapter 28

powers and duties. The commission for deaf and hard-of-hearing persons shall: A. supervise the activities of the executive director of the commission; B. identify the needs of the deaf and hard-of-hearing population of New Mexico; C. provide educational assistance to state agenci…

A. The commission for deaf and hard-of-hearing persons shall appoint an executive director, who shall be the administrative officer of the commission. A preference will be given to applicants for the executive director position who are deaf or hard of hearing. B. The executive di…

The commission for deaf and hard-of-hearing persons may appoint task forces as they are needed to study specific issues regarding deaf and hard-of-hearing persons. The task forces shall make written recommendations to the commission regarding improvement and coordination of activ…

This act [28-11C-1 to 28-11C-3 NMSA 1978] may be cited as the "Deaf and Hard-of- Hearing Children's Educational Bill of Rights". History: Laws 2004, ch. 107, § 1 and Laws 2004, ch. 111, § 1.

A. The legislature finds that: (1) hearing loss affects the most basic human need, communication. Without quality communication a child is isolated from other human beings and from the exchange of knowledge essential for educational growth and, therefore, cannot develop the skill…

additional duty of public education department. A. The state of New Mexico recognizes the unique communication needs of children who are deaf or hard-of-hearing and encourages the development of specific recommendations by all state agencies, institutions and political subdivisio…

ANNOTATIONS Repeals. — Laws 1979, ch. 317, § 12, repealed 28-13-15 NMSA 1978, relating to the exemption of the responsibilities of the veterans' service committee from the authority of the secretary of the human services department, effective July 1, 1979.

History: Laws 1921, ch. 61, § 1; C.S. 1929, § 122-401; Laws 1941, ch. 103, § 1; 1941 Comp., § 66-1501; 1953 Comp., § 74-2-1; Laws 1987, ch. 217, § 1; 1978 Comp., § 28- 13-16, recompiled as § 14-8-17 by Laws 2004, ch. 19, § 31.

A. On the federally designated legal holiday known as "Veterans' Day", any New Mexico resident, who provides satisfactory proof that the resident is currently serving or has served in the armed forces of the United States, and the resident's spouse and dependent children, shall b…

personnel and state policemen. A. The funds set aside under the provisions of Sections 28-14-1 through 28-14-4 NMSA 1978 shall be used for the sole purposes of providing for matricular fees, board and room rent and books and supplies for the use and benefit of the children, not u…

The amounts due to any educational or training institution pursuant to Chapter 28, Article 14 NMSA 1978 shall be payable to those institutions on vouchers signed by the secretary of veterans' services or the secretary's authorized representative. The veterans' services department…

Children who are to receive the educational benefits provided under Section 28-14-1 NMSA 1978 shall be selected by the veterans' services department on the basis of need and merit. Nominations shall be made by: A. the department, for children of deceased veterans; B. the adjutant…

Not more than three hundred dollars ($300) shall be paid, in addition to the free tuition, for any child for one year. History: 1941 Comp., § 66-1704, enacted by Laws 1949, ch. 170, § 4; 1953 Comp., § 74-4-4; Laws 1975, ch. 29, § 4. ARTICLE 15 Reemployment of Persons in Armed For…

Any person who, after having given advance written or verbal notice of an obligation or intention to perform service in the uniformed services to the person's employer, unless notice is precluded by military necessity or is otherwise impossible or unreasonable, since July 1, 1940…

Any person who is restored to a position in accordance with the provisions hereof shall be considered as having been on furlough or leave of absence during his services in the armed forces of the United States, and shall be restored without loss of seniority, and shall be entitle…

In case any person acting either in a public or private capacity fails or refuses to comply with the provisions hereof the district court of the district in which such person maintains a place of business (if such person is a private employer), or in which such person is a public…

The developmental disabilities council shall cooperate with the health care authority to: A. provide data to support an amendment to the developmental disabilities medicaid waiver program to increase the number of eligible persons served; B. develop a contingency plan to describe…

Chapter 28, Article 16A NMSA 1978 may be cited as the "Developmental Disabilities Act". History: Laws 1993, ch. 50, § 1; 2021, ch. 61, § 1.

The council shall employ an executive director, who is the administrative officer of the council. The executive director shall employ other necessary employees pursuant to the provisions of the Personnel Act [Chapter 10, Article 9 NMSA 1978]. History: Laws 1993, ch. 50, § 10; 202…

The council shall submit reports on its preceding year's work to the governor and the interim legislative health and human services committee by November 1 of each year. The reports shall contain recommendations, if any, for legislation or other appropriate action. History: Laws …

Council members shall be reimbursed as provided in the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978] and the federal Developmental Disabilities Assistance and Bill of Rights Act of 2000. Reasonable accommodations shall be made available to permit full participation in cou…

persons with developmental disabilities. A. Subject to the availability of appropriations provided expressly for this purpose, the department may: (1) acquire, provide or coordinate support and services for persons with developmental disabilities; (2) enter into contracts and pro…

A. The department shall develop and maintain a quality assurance system to improve and enhance the quality of support and services for persons with developmental disabilities. The management information system portion of the quality assurance system shall track and maintain infor…

persons receiving support and services purchased or provided by the department. A. In cooperation with other state agencies, the department shall adopt requirements for admission, transfer, withdrawal and discharge of persons receiving support and services funded in whole or in p…

services. A. The department shall develop, implement and maintain a provider reimbursement system based on the level of support and services required by a person with a developmental disability. B. Beginning in 2024, contingent on available funding, the department shall conduct a…

Except as otherwise provided, each service provider shall be considered to be an independent contractor and not an entity of state government. History: Laws 1993, ch. 50, § 17.

system. The state shall have a timely, comprehensive, multidisciplinary system for evaluating infants, toddlers and preschool-age children suspected of having developmental delays. Diagnostic evaluations for infants and toddlers shall address family service needs and shall includ…

The "information and referral task force" is created in the council to develop a statewide, comprehensive "211" information and referral plan for use as a telephone dialing code for access to health and human services. The plan shall include a tariff structure based on existing a…

The Developmental Disabilities Act authorizes the authority to plan, provide and coordinate support and services to persons with developmental disabilities. History: Laws 1993, ch. 50, § 2; 2021, ch. 61, § 2; 2024, ch. 39, § 121.

facilities for individuals with intellectual disabilities; independent review. Within thirty days of the date on which reporting pursuant to each review is available, the department shall provide the council with each report issued pursuant to the independent reviews of intermedi…

A. By April 1, 2024 and annually thereafter, direct support provider agencies shall submit data, in a form approved by the department, from the previous calendar year regarding direct support professionals that includes: (1) the number of full- or part-time employees at any time …

As used in the Developmental Disabilities Act: A. "assessment" means a process for measuring and determining a person's strengths, needs and preferences to determine eligibility for support and services and to develop or modify an individual support and service plan; B. "case man…

membership; terms. A. The "developmental disabilities council" is created in accordance with the federal Developmental Disabilities Assistance and Bill of Rights Act. The council shall be an adjunct agency as provided in the Executive Reorganization Act [9-1-1 to 9-1-10 NMSA 1978…

A. The council shall: (1) provide statewide advocacy for persons with developmental disabilities; (2) develop and submit to the federal government the five-year plan for council activities and any amendments to the plan; (3) to the maximum extent feasible, review and comment on a…

A. For purposes of eligibility for support and services, "developmental disability" means a severe chronic disability of a person, which disability: (1) is attributable to a mental or physical impairment, including the result from trauma to the brain, or combination of mental and…

A. The council shall conduct a comprehensive review and analysis of the extent to which services, supports and other assistance are available to individuals with developmental disabilities and their families and the extent of unmet need for services, supports and all other assist…

developmental disabilities. The department of health, the human services department [health care authority department], the public education department, the vocational rehabilitation division of the public education department, the children, youth and families department, the ear…

continuation. In order to coordinate information and referral services and eliminate the duplication of effort, the council shall provide information and referral services for persons with disabilities, their families, providers of support and services and local and state agencie…

Chapter 28, Article 16B NMSA 1978 may be cited as the "Office of Guardianship Act". History: Laws 2003, ch. 280, § 1; 2009, ch. 159, § 7.

As used in the Office of Guardianship Act: A. "professional guardian" means an individual or entity appointed by a court that serves as a guardian for more than two individuals who are not related to the guardian by marriage, adoption or third degree of blood or affinity; and B. …

A. The "office of guardianship" is created in the developmental disabilities planning council. B. The executive director of the developmental disabilities planning council shall employ a head of the office who shall be an attorney licensed in New Mexico who is hired on the basis …

A. The office of guardianship may: (1) promulgate rules in accordance with the State Rules Act [Chapter 14, Article 4 NMSA 1978] to carry out the provisions of the Office of Guardianship Act; and (2) enter into agreements with other state or federal agencies to provide guardiansh…

A. The office of guardianship shall monitor professional guardians providing services to income-eligible protected persons and enforce agreements the office has executed with guardianship and legal services providers. In carrying out this duty, the office may: (1) have access to …

A service agreement for guardianship services shall include: A. a requirement that service providers be certified and in good standing with a national or state organization recognized by the supreme court that provides professional certification for guardians; B. a requirement fo…

A. The office of guardianship shall establish by rule for the filing, investigation and resolution of complaints about guardianship services provided by contractors. B. The office shall acknowledge receipt of the complaint, notify all parties involved and initiate an investigatio…

A. The "office of guardianship fund" is created in the state treasury. All gifts, donations, bequests and interest income of the developmental disabilities planning council's office of guardianship shall be deposited by the executive director of the developmental disabilities pla…

Sections 1 through 11 [28-16C-1 to 28-16C-11 NMSA 1978] of this act may be cited as the "Special Education Ombud Act". History: Laws 2021, ch. 53, § 1.

The council shall ensure that adequate legal counsel is available and is able, without conflict of interest, to: A. provide advice and consultation to the office needed to protect the educational rights of students; and B. assist the office and contractors in the performance of t…

potential actions for noncompliance. A. A person shall not willfully interfere with the lawful actions of the office. B. A person shall not institute discriminatory, disciplinary or retaliatory action against any student or parent for filing a concern with, providing information …

As used in the Special Education Ombud Act: A. "council" means the developmental disabilities planning council; B. "office" means the office of the state special education ombud; C. "parent" includes a legal guardian or custodian who has custody and control of a student or an ind…