N.M. Admin. Code § 8.14.14.11

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

Section 8.14.14.11 - JUVENILE RECORDS

A. The center shall have written policies and procedures consistent with state and federal laws to provide individuals and agencies access to records for the purposes of research, evaluation, and statistical analysis in accordance with a formal written agreement that authorizes access, specifies uses of data, ensures confidentiality, and supports security.

B. The center shall have written policies and procedures which govern record management, including the establishment, utilization, content, privacy, security, and preservation of records; and a schedule for the retirement or destruction of inactive case records consistent with state record requirements. These policies and procedures shall be reviewed annually.

C. The center shall have written policies and procedures to protects the juvenile's assets and provide accountability for the protection of the juvenile's assets, including the segregation of client's funds.

D. The center shall have written policies and procedures for an admittance record that is completed for every juvenile and contains the following information:

(1) court case number, if any, and detention center admission number;

(2) date and time of admission and release;

(3) name and nicknames, if any;

(4) last known address;

(5) immigration status;

(6) legal status (authority for detention);

(7) name of attorney, if any;

(8) name, title, and signature of delivering officer;

(9) specific charge(s);

(10) sex/gender;

(11) date of birth;

(12) place of birth;

(13) race or nationality;

(14) education and school attended;

(15) employment, if any;

(16) medical/health status;

(17) consent to treat forms;

(18) name, relationship, address, and phone number of parent(s)/guardian(s) and/or person(s) the juvenile resides with at time of admission;

(19) driver's license number and social security number;

(20) Medicaid number, if applicable;

(21) court and disposition, if any;

(22) additional remarks noting any open wounds or sores requiring treatment, evidence of disease, body vermin, piercings, or tattoos;

(23) person recording data;

(24) inventory of property;

(25) emergency contact;

(26) nature of offense/offense codes;

(27) photo, if juvenile is 13 years old or older; and

(28) fingerprints, if juvenile is 13 years old or older.

E. The center shall have written policies and procedures governing record management for every juvenile and contains the following information:

(1) intake information;

(2) documented legal authority to accept juvenile;

(3) information on referral source;

(4) record of court appearances;

(5) behavioral health risk assessment;

(6) record of assets, cash, and valuables held;

(7) notations of temporary absences from the center, if any;

(8) visitors' names and dates of visits, if any;

(9) record of telephone calls, if any;

(10) juvenile probation officer(s) and/or or caseworker(s) assigned;

(11) program rules and disciplinary policy, signed by juvenile;

(12) grievance and disciplinary records;

(13) referrals to other agencies, if any;

(14) final discharge or transfer report;

(15) nature of offense/offense codes; and

(16) documentation declining admissions to any juvenile who appears to be under the influence of drugs or alcohol.

F. There shall be a single master file identifying all juveniles detained in the center. Its contents shall be identified and separated according to an established format by the center.

G. The center shall use a release of information form that complies with applicable state and federal laws. The juvenile's parent/guardian/custodian or the court shall sign a release of information form before any release of information, including records and images, to the public. Once signed, a copy of the release of information form is maintained in the juvenile's record. Without parental or court consent, no records, images, or information about adjudicated juveniles shall be released if, by law, it is to be sealed in the future. Without parental or court consent, no information, including records and images about pre-adjudicated juveniles, shall be released. Images include any photographs, mug-shots, and video.

H. The center shall have written policies and procedures that safeguard records from unauthorized and improper disclosure. Manual records are marked "confidential" and kept in locked files that are also marked "confidential". Computerized/automated records are confidential and protected. All information is subject to disclosure to the department.

N.M. Admin. Code § 8.14.14.11

8.14.14.11 NMAC - N, 7/31/01, Adopted by New Mexico Register, Volume XXIX, Issue 24, December 27, 2018, eff. 1/1/2019