Current through Register Vol. 35, No. 11, June 11, 2024
Section 8.10.6.7 - DEFINITIONSA."Abused child" as defined in the Children's Code, Subsection B of 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.B."Case management" is a service provided to the clients that includes, but is not limited to, assessment of needs, reports, monitoring of progress, coordination of services, facilitation of inter-agency collaboration and documentation of efforts to meet the client's needs.C."Client" means a person who is receiving services from PSD.D."Community resources" are agencies, contractors, individuals, and community organizers that deliver services or other support for clients during and after PS involvement.E."Conditionally safe" means that one or more safety threats have been identified that places the child in present or impending danger of serious harm, however one or more protective capacities has been identified to offset, mitigate or control the threat of present or impending danger of serious harm.F."Custodian" as defined in the Children's Code, Subsection E of 32A-1-4 NMSA 1978, means an adult with whom the child lives who is not a parent or guardian of the child.G."CYFD" refers to the New Mexico children, youth and families department.H."Direct service" is a service provided by PSD staff to an individual or family that supports one or more goals in the family plan.I."Emergency discretionary funds (EDF)" are funds used to secure services or items necessary to achieve goals of the family plan.J."Engagement" refers to the family's commitment to the PSD intervention and subsequent involvement of the family with PSD and community resources throughout the case.K."FACTS" refers to the family automated client tracking system (FACTS), the official data management system for CYFD.L."Family assessment" is a collaborative effort between PSD workers and the family to assess the family's needs and protective capacities based upon identified safety threats and risk factors.M."Family centered meeting" is a facilitated meeting where PSD workers and supervisors meet with parents, guardians and others for the purpose of safety planning, case planning and decision making.N."Family plan" is a plan developed by PSD in collaboration with each household member, based on the information collected through the family assessment, which identifies the specific changes in behaviors and circumstances that are expected as a result of the in-home services intervention.O."Foster carecandidate" is a child who is at serious risk of removal from home where PSD is either pursuing the child's removal from the home or making reasonable effort to prevent the child's removal from the home.P."Guardian" as defined in the Children's Code, Subsection I of 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.Q."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.R."In-home services"(IHS) are services provided without court intervention that are expected to enhance the family's ability to function independently of PSD, improve safety for children, create stability within the home, and develop healthy and supportive ongoing community relationships.S."Neglected child" as defined in the Children's Code, Subsection E of 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, Section 32A- 1-1 NMSA 1978, 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.T."Parent" as defined in the Children's Code, Subsection O of 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.U."Placement" is an out of home residential arrangement for the care of children in PSD custody, which may include, but is not limited to family foster care, relative foster care and treatment foster care, or a facility such as residential treatment center, group home, or emergency shelter.V."Present danger" means immediate, significant and observable severe harm or threat of severe harm that is presently occurring to a child and requiring an immediate protective services response.W."Protective capacities" are those assets possessed by the parent or guardian that help reduce, control or prevent present or impending danger of serious harm to a child. X."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.Y."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 his or her parent, guardian, or custodian.Z."Safe" as used in this policy means that there are no safety threats placing the child in present or impeding danger of serious harm.AA."Safety plan" is a document that identifies the strategy or group of strategies implemented to control a safety threat. It is the intrusion into family life in the form of ongoing assessment and specific strategies designed to match the duration and level of the safety threat up to including the removal of the child from the home.BB. "Structured decision making (SDM) instruments" are standardized assessments located in FACTS that the worker completes to determine the child's safety and risk of abuse or neglect based upon the application of pre-determined criteria.CC. "Unsafe" means that one or more safety threats have been identified that place the child in present or impending danger of serious harm and there are not sufficient protective capacities to offset, mitigate or control the threat of present or impeding danger of serious harm.DD."Voluntary service intake (VSI)" is the category under which an IHS case is opened in FACTS.8.10.6.7 NMAC - Rp, 8.10.6.7 NMAC, 10/30/08; A, 02/29/12, Adopted by New Mexico Register, Volume XXVII, Issue 05, March 15, 2016, eff. 3/15/2016