N.M. Code R. § 8.10.3.12

Current through Register Vol. 35, No. 11, June 11, 2024

Section 8.10.3.12 - INVESTIGATION REQUIREMENTS - PARENTS GUARDIANS AND CUSTODIANS

A. The PSD worker shall notify the parent, guardian or custodian of the interview with the child in advance of the interview unless the worker has determined that notification could adversely affect the safety of the child about whom the report has been made or compromise the investigation.

B. If the PSD worker determines that notification could adversely affect the safety of the child or compromise the investigation, the worker may interview a child without prior notification to the parent, guardian, or custodian. In this situation, the PSD worker shall notify the parents, guardians or custodians of the interview within 24 hours.

C. The PSD worker shall identify all legal guardians of the child.

D. The PSD worker shall interview the parent, guardian or custodian and collateral contacts or witnesses during the investigation.

E. At the time of initial contact with the parents, guardian, custodian or alleged perpetrator the PSD worker shall inform them of the reported allegations in a manner consistent with laws protecting the rights of the reporter.

F. At the beginning of the investigation, or prior to beginning an interview with the parent, guardian, or custodian, the PSD worker shall inform the parents, guardians or custodian of the following:

(1) that prior to filing an abuse and neglect petition any PSD interaction with the parents, guardians, or custodians is voluntary;

(2) that PSD has received a report alleging child abuse or neglect and the nature of the allegations;

(3) that PSD is required by law to conduct an investigation of screened-in reports;

(4) that only law enforcement can remove a child who is not in PSD custody, if necessary to protect the child's health and safety, unless the district court issues an ex parte order allowing PSD to remove the child;

(5) that the investigation findings, decision, and disposition are confidential in accordance with the Children's Code, Section 32A-4-33 NMSA 1978;

(6) that information concerning the report and investigation has been entered into FACTS;

(7) that other people may be interviewed in order to complete the investigation; and

(8) children age 14 and older may consent to an interview away from the home even when the parent does not consent.

G. The PSD worker shall provide the parent, guardian or custodian with information regarding CYFD's complaint process should the parent, guardian, or custodian have any complaints.

N.M. Code R. § 8.10.3.12

8.10.3.12 NMAC - N, 03/31/10; A, 02/29/12, Adopted by New Mexico Register, Volume XXVI, Issue 18, September 29, 2015, eff. 9/29/2015, Amended by New Mexico Register, Volume XXXII, Issue 10, May 25, 2021, eff. 5/25/2021