N.M. Admin. Code § 8.10.7.10

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

Section 8.10.7.10 - GENERAL PROVISIONS

A. Confidentiality and access to abuse and neglect records: Protective services records and information incident to, or obtained as a result of an abuse or neglect investigation or proceeding are confidential and can only be inspected pursuant to a valid court order, except by those entities specifically entitled to access under the New Mexico Children's Code.

(1) When allowing access to an authorized entity, all attorney-client privileged information and all identifying information on the reporting source shall be stricken.

(2) Protective services records or information shall not be released pursuant to a subpoena because subpoenas do not reflect a determination by a children's court judge that the requesting party has a legitimate interest in the case or the work of the court.

B. PSD uses the best interest of the child as the standard to make decisions regarding planning and managing child protective services cases. Protection and the best interest of the child are of paramount concern, followed by the treatment needs of the family.

C. Change of venue or transfer of legal cases: A motion to change venue shall not initiate absent approval of the sending and receiving county protective services offices. Venue shall not be changed on cases where a consent decree has been entered or adjudication has not occurred.

D. Child support: PSD shall make a report for the collection of child support to the child support enforcement division for all children in custody.

E. Home studies in domestic relations cases: There shall be no legal authority for courts to order PSD to conduct home studies in New Mexico domestic relations cases to which PSD is not a party.

(1) Children's court attorneys shall object to requests for orders to conduct home studies in New Mexico domestic relations cases.

(2) PSD shall respond to a request for a home study as an abuse or neglect report, and screens and investigates in accordance with protective services policy.

F. Immigration status: Whenever the court adjudicates that a child is abused or neglected, PSD shall determine the child's immigration status.

N.M. Admin. Code § 8.10.7.10

8.10.7.10 NMAC - Rp, 8.10.7.12 NMAC, 3/31/10