N.M. Admin. Code § 8.10.8.7

Current through Register Vol. 35, No. 20, October 22, 2024

Section 8.10.8.7 - DEFINITIONS

A."Caregiver" is an adult, parent, guardian or custodian in the household who provides care and supervision for the child.

B."Case plan" means a plan created jointly with clients for a child, youth, parent, guardian, custodian or respondent that identifies the appropriate services based on the needs identified to achieve the child's or youth's permanency plan and to promote the safety and well-being of each child or youth.

C."Close proximity" means a location physically close enough to facilitate family visiting, consistent with the best interest and identified needs of the child.

D."Community home" means a home which operates 24 hours a day and provides full time care, supervision and support to no more than 16 children in a single residential building, and which meets the definition of "group home" as outlined in the Human Services Department Act, Section 9-8-13 NMSA 1978.

E."Complicating factors" are conditions that make it difficult for a caregiver to create safety for their child, but do not by themselves constitute imminent danger. Refer to the structure decision making manual to review the list of complicating factors protective services workers use in the New Mexico child safety and risk assessment tool.

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

G."Danger indicators" are conditions resulting in a child being exposed to harm or injury and was placed at risk of harm or injury that could occur immediately. Refer to the structured decision making manual to review the list of ten identified factors protective services workers use in the New Mexico child safety and risk assessment tool.

H."Early and periodic screening, diagnosis and treatment (EPSDT)," is a medicaid program designed to provide comprehensive and preventive health care services to medicaid-eligible children under age 21.

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

J."Fictive kin" means a person not related by birth, adoption or marriage with whom the child has an emotionally significant relationship.

K."Foster child" or "child in foster care" as referred to as "child" herein, means a child who is placed in the care and custody of children, youth and families department protective services division either under the legal authorization of the Children's Code or through a voluntary placement agreement signed by the parent or legal guardian, or a child who is placed with a licensed child placement agency under the authority of the Child Placement Agency Licensing Act. If the court orders legal custody to a relative, person, facility, or agency other than the children, youth and families department protective services division, the child is not a foster child of protective services division.

L."Household" 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.

M."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.

N."Maintenance payments" are payments designed to reimburse resource families for the cost of food, clothing, shelter, daily supervision, school supplies, a child's personal incidentals, and reasonable travel required to address the child's needs. Maintenance payments are not considered income.

O."New Mexico Children's Code" refers to Section 32A-1-1 NMSA 1978.

P."Needs" may refer to services and supports to address safety and the physical and emotional well-being of the child, parent, guardian, or resource parent. Needs may also include activities that promote the normalcy of the child.

Q."Parent" as defined in the Children's Code, Subsection Q 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.

R."Permanency planning" is the systematic process of carrying out, within a time-limited period, a set of goal directed activities designed to help children live in families that offer continuity of relationships with nurturing parents or legal guardians and the opportunity to establish healthy and positive lifetime relationships that are in the best interest of the child or youth.

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

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

U."PSD custody" means custody of children as a result of an action filed pursuant to the New Mexico Children's Code, 32A-4-1 NMSA 1978 or 32A-3B-1 NMSA 1978.

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

W."Resource family" refers to a person or entity licensed by CYFD, licensed by another state's child welfare agency, or a licensed child placement agency to provide foster care services including respite, non-relative, relative, or treatment foster care. Resource family includes foster parents as defined by Subsection I of Section 32A-1-4 NMSA and pre-adoptive parents as defined by Subsection U of Section 32A-1-4 NMSA.

X."Resource family license" is the document which bears the name or names and address or addresses of those who are resource parents for the protective services division or licensed child placement agency. The license displays the ages and number of children in foster care the licensees are authorized to care for and the date such authorization begins and ends. The license shall bear the signature of the authorized person who issued the license.

Y."Resource parent" is the person named on the license issued by protective services division or a licensed child placement agency who is authorized to care for children in foster care. Resource parent includes foster parents as defined by Subsection I of Section 32A-1-4 NMSA and pre-adoptive parents as defined by Subsection U of Section 32A-1-4 NMSA.

Z."Safe" is a New Mexico child safety tool decision when no danger indicators have been identified.

AA."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.

BB."Safety decision" is based on the presence of danger indicators and safety planning capacities a family possesses that may that offset, mitigate or control the identified danger indicators. Using the New Mexico child safety assessment tool, a child may be assessed to be safe, safe with a plan or unsafe.

CC."Safety plan" 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.

DD."Safety planning capacities" are those assets possessed by the caregiver that reduce or control the identified danger indicators. Refer to the structured decision making manual to review the list of four identified safety planning capacities protective services workers use in the New Mexico child safety and risk assessment tool.

EE."Sex or human trafficking" consists of a child or youth who may have experienced being recruited, solicited, enticed, harbored, exploited or transported by another person whose intent is to exploit or use force, fraud, manipulation or coercion to subject the child or youth into labor, services or sexual activity.

FF."Sibling" one of two or more children or offspring having one or both parents in common by birth or adoption.

GG."Treatment foster care home" is a resource parent licensed by a child placement agency to provide intensive therapeutic support, intervention and treatment for a child who would otherwise require a more restrictive placement.

HH."Trial home visit" is the period of time, not to exceed six months, in which a child with a plan of reunification resides with their parent or guardian while services are provided to the child and family to address risk factors and ensure safety of the child.

II."Tribally licensed home" means a resource family home licensed or approved by an Indian tribe or pueblo.

JJ."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.

N.M. Admin. Code § 8.10.8.7

8.10.8.7 NMAC - Rp, 8.10.8.7 NMAC, 11/15/05, Adopted by New Mexico Register, Volume XXVI, Issue 18, September 29, 2015, eff. 9/29/2015, Amended by New Mexico Register, Volume XXXII, Issue 09, May 4, 2021, eff. 5/4/2021