N.M. Admin. Code § 8.10.3.7

Current through Register Vol. 35, No. 21, November 5, 2024

Section 8.10.3.7 - DEFINITIONS

A."Abandonment" as defined in the Children's Code, Section 32A-4-2(A) NMSA 1978, includes instances when the parent, without justifiable cause:

(1) left the child without provision for the child's identification for a period of 14 days; or

(2) left the child with other, including the other parent or an agency, without provision for support and without communication for a period of:

(a) three months if the child was under six years of age at the commencement of the three month period; or

(b) six months if the child was over six years of age at the commencement of the six month period.

B."Abused child" as defined in the Children's Code, Subsection B of Section 32A-4-2 NMSA 1978, means a child:

(1) who has suffered or who is at risk of suffering serious harm because of the action or inaction of the child's parent, guardian or custodian;

(2) who has suffered physical abuse, emotional abuse or psychological abuse inflicted or caused by the child's parent, guardian or custodian;

(3) who has suffered sexual abuse or sexual exploitation inflicted by the child's parent, guardian or custodian;

(4) whose parent, guardian or custodian has knowingly, intentionally or negligently placed the child in a situation that may endanger the child's life or health; or

(5) whose parent, guardian or custodian has knowingly or intentionally tortured, cruelly confined or cruelly punished the child.

C."Administrative hearing" means a formal process in which the client shall have an opportunity to present evidence to an impartial hearing officer in accordance with CYFD's administrative appeals regulations 8.8.4 NMAC.

D."Administrative review" is an informal process which may include an informal conference or a record review, and does not create any substantive rights for the family.

E."Accepted report" is a verbal or written presentation of information concerning the alleged abuse or neglect made to the protective services division (PSD) of child abuse or neglect that falls within PSD's legal authority to investigate.

F."Brief respite" is a non-legal, voluntary placement of a child for a period of no longer than five days. Brief respite occurs when a caregiver has asked a family member, friend or other person in the family's life to care for the child during a safety plan.

G."Caregiver" is a parent, guardian or custodian in the household who provides care and supervision for the child.

H."Children's Code" refers to the New Mexico State Statute, Chapter 32A NMSA 1978.

I."Child vulnerability" refers to conditions resulting in the child's ability to protect themselves from identified danger indicators.

J."Collateral contact" refers to any person who may be able to provide information to the PSD worker during an investigation of alleged abuse or neglect, concerning the alleged abuse or neglect that would be helpful in assessing child vulnerabilities, danger indicators and parent, guardian or custodian safety planning capacities.

K."Complicating factors" are conditions that make it difficult for a caregiver to create safety for their child, but do not by themselves constitute danger.

L."Custodian" as defined in the Children's Code, Subsection E of Section 32A-1-4 NMSA 1978, means an adult with whom the child lives who is not a parent or guardian of the child.

M."CYFD" refers to the New Mexico children, youth and families department.

N."Danger indicators" are conditions resulting in a child being exposed to harm or injury or being placed at risk of harm or injury that could occur immediately.

O."Exigent circumstances" means when there is credible information that a child is in danger of severe harm and requires immediate protective services.

P."Emotional abuse" is an observable behavior, activity, or words to intimidate, threaten, deride or degrade the child that causes substantial impairment of the child's mental or psychological ability to function.

Q."FACTS" refers to the family automated client tracking system (FACTS), the official data and case management system for CYFD.

R."Family" are caregivers, adults fulfilling the caregiver role, guardians, children, and others related by ancestry, adoption, or marriage, or as chosen by the family or child.

S."Fictive kin" is a person not related by birth or marriage who has a significant relationship with the child.

T."Guardian" as defined in the Children's Code, Subsection I of Section 32A-1-4 NMSA 1978, means a person appointed as guardian by a court or Indian tribal authority or a person authorized to care for the child by a parental power of attorney as permitted by law.

U."Home school" is the operation of a home study program by a parent as filed with the public education department.

V."Household members" are all persons who have significant in home contact with the child, including those who have a familial or intimate relationship with any person in the home. This may include persons who have an intimate relationship with a caregiver in the household (partner/significant other) but may not physically live in the home, or a relative whom the caregiver allows authority in parenting and caregiving decisions.

W."Impending danger" is when a child is living in a state of danger or position of continual danger due to a family circumstance or behavior. The threat caused by the circumstance or behavior is not presently occurring, but it can be anticipated to have severe effects on a child at any time.

X."Indian child" means any unmarried person who is under age 18 and is either a member of an Indian tribe, or is eligible for membership in an Indian tribe and is the biological child of a member of an Indian tribe.

Y."Initiation" of an investigation is the face-to-face contact by a PSD worker with the alleged victim, or documented diligent efforts to establish face-to-face contact with the victim.

Z."Investigative decision" is a determination of whether each allegation in the report is substantiated or unsubstantiated, as defined herein at 8.10.3.17 NMAC.

AA."Investigation disposition" is the determination of the level of involvement, if any, of PSD with the family based upon an assessment of safety threats and protective capacities, and considering the ongoing risk to the child and the needs and strengths of the family.

BB."Neglected child" as defined in the Children's Code, Subsection E Section 32A-4-2 NMSA 1978, means a child:

(1) who has been abandoned by the child's parent, guardian or custodian;

(2) who is without proper parental care and control or subsistence, education, medical or other care or control necessary for the child's well-being because of faults or habits of the child's parent, guardian or custodian, or the failure or refusal of the parent, guardian or custodian, when able to do so, to provide them;

(3) who has been physically or sexually abused, the child's parent, guardian or custodian knew or should have known of the abuse and failed to take reasonable steps to protect the child from further harm;

(4) whose parent, guardian or custodian is unable to discharge that person's responsibilities to and for the child because of incarceration, hospitalization or physical or mental disorder or incapacity; or

(5) who has been placed for care of adoption in violation of the law; provided that nothing in the Children's Code shall be construed to imply that a child who is being provided with treatment by spiritual needs alone through prayer, in accordance with the tenets and practices of a recognized church or religious denomination, by a duly accredited practitioner thereof is for that reason alone a neglected child within the meaning of the Children's Code; and further provided that no child shall be denied the protection afforded to all children under the Children's Code.

CC."New Mexico child safety and risk assessment" is the research-based structured decision making tool child protective service workers use to gather information on an abuse or neglect or in-home services case by focusing on critical characteristics of a family to make informed safety decisions.

DD."Parent" as defined in the Children's Code, Subsection P of Section 32A-1-4 NMSA 1978, includes a biological or adoptive parent if the biological or adoptive parent has a constitutionally protected liberty interest in the care and custody of the child.

EE."Parental notice or notification" is an in-person or telephone notice to the parent or legal guardian that their child will be or has been interviewed as part of an investigation.

FF."Permission" is the consent for the child to participate in an investigation.

GG."Physical abuse" as defined in the Children's Code, Subsection F of Section 32A-4-2 NMSA 1978 includes, but is not limited to any case in which the child exhibits evidence of skin bruising, bleeding, malnutrition, failure to thrive, burns, fracture of any bone, subdural hematoma, soft tissue swelling or death and:

(1) there is not a justifiable explanation for the condition or death;

(2) the explanation given for the condition is at variance with the degree or nature of the condition;

(3) the explanation given for death is at variance with the nature of the death; or

(4) circumstances indicate that the condition or death may not be the product of an accidental occurrence.

HH."Placement" is an out of home residential arrangement for the care of children in PSD custody, which may include, but is not limited to brief respite, resource family foster care, relative or fictive kin foster care and treatment foster care, or a facility such as residential treatment center, group home, or emergency shelter.

II."Protective services division (PSD)" refers to the protective services division of the children, youth and families department, and is the state's designated child welfare agency.

JJ."Provider" refers to a person or agency providing services to a PSD client.

KK."Private school" is a public education department authorized school, including private childcare, other than a home school, that is not under the control, supervision or management of a local school board.

LL."PSD custody" means custody of children as a result of an action occurring pursuant to the Children's Code, 32A-4 NMSA 1978 or 32A-3B and 34A-4 NMSA 1978.

MM."PSD worker" refers to a person employed by the children, youth and families department, protective services division.

NN."Public school" is a school that is under the control, supervision or management of a local school district or the state board of education, including charter schools.

OO."Reasonable efforts" as used in this policy refers to the provision of services or other interventions to prevent the removal of the child from the home, or if removal is required, to return the child home as soon as possible.

PP."Report" is a verbal or written presentation of information alleging child abuse or neglect that is received by an intake worker.

QQ."Relative" means a person related to another person by birth, adoption or marriage, within the fifth degree of consanguinity or affinity.

RR."Risk" is the term used to describe PSD's assessment, based on established criteria, of the likelihood that child will be abused or neglected by their parents, legal guardians or custodian.

SS."Safe" as used in this policy means there are no danger indicators placing the child in a present or impending danger of serious harm.

TT."Safe Haven for Infants Act" means an Act, Section 24-22-1 NMSA 1978, to promote the safety of infants and to immunize a parent from criminal prosecution for leaving an infant, 90 days of age or less, at a safe haven site. This Act is not intended to abridge the rights or obligations created by the federal Indian Child Welfare Act of 1978 or the rights of the parents.

UU."Safe haven site" as defined by Subsection F of Section 24-22-2 NMSA 1978 means a hospital, law enforcement agency, or fire station that has staff onsite at the time an infant, 90 days of age or less, is left at such site.

VV."Safe with a plan" is a New Mexico child safety assessment tool decision when one or more danger indicators are present, however, the child can safely remain in the home with a safety plan.

WW."Safety decision" is based on the presence of danger indicators and safety planning capacities a family possesses that may offset, mitigate or control those danger indicators. is a detailed strategy that outlines immediate action steps the family and their network will take to help keep the child safe from the identified danger indicators.

YY."Safety Planning capacities" are those assets possessed by the caregiver that reduce or control the identified danger indicators.

ZZ."Sexual abuse" as defined in the Children's Code, Subsection J of Section 32A-4-2 NMSA 1978, includes but is not limited to criminal sexual contact, incest or criminal sexual penetration, as those acts are defined by state law.

AAA."Sexual exploitation" as defined in the Children's Code, Subsection K of Section 32A-4-2 NMSA 1978 includes, but is not limited to:

(1) allowing, permitting or encouraging a child to engage in prostitution;

(2) allowing, permitting or encouraging a child in obscene or pornographic photographing; or

(3) filming or depicting a child for obscene or pornographic commercial purposes, as those acts are defined by state law.

BBB."Statewide central intake (SCI)" is the unit within PSD whose responsibilities may include, but is not limited to receiving and screening reports of alleged child abuse or neglect and prioritizing and assigning accepted reports to the appropriate county office for investigation.

CCC."Unsafe" is a New Mexico child safety assessment tool decision when one or more danger indicators are present and a safety plan cannot be created.

DDD."Witness" refers to a person who has a firsthand account of an event that is relevant to a PSD abuse and neglect investigation.

N.M. Admin. Code § 8.10.3.7

8.10.3.7 NMAC - Rp, 8.10.3.7 NMAC, 03/31/10; A, 04/29/11; 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