N.M. Admin. Code § 8.17.2.18

Current through Register Vol. 36, No. 1, January 14, 2025

Section 8.17.2.18 - COMPLAINTS

A. Complaints received by CYFD shall be investigated promptly.

B. An authorized CYFD representative receiving complaints will ask complainants to identify themselves and provide all information necessary to document the complaint.

C. The authorized CYFD representative will investigate any complaint in which the health, safety or welfare of a child could be in danger. The complaint will be reviewed and prioritized immediately according to the nature and severity of the complaint. The registered authority will follow established protocols and procedures for prioritizing, tracking, initiating and reporting of complaints and complaint investigations. Complaints will be investigated in a timely manner as follows:

(1) Priority 1 complaints: investigation will be initiated within 24 hours.

(2) Priority 2 complaints: investigation will be initiated within three working days.

(3) Priority 3 complaints: investigation will be initiated within five working days.

(4) Initiation timeframes for investigations may be shortened based on the severity and nature of the complaint, but timeframes may not be extended.

D. The caregiver shall cooperate in good faith with any investigation by the authorized CYFD authority. Obstruction of an investigation may subject the primary caregiver to sanctions, up to and including revocation.

E. Action by the authorized CYFD representative:

(1) The registered authority will provide a written letter on the results of the investigation to the registered home primary caregiver that is the subject of the complaint and the complainant if an action is taken.

(2) If the authorized CYFD representative finds the complaint is unsubstantiated, it will be so designated and the authorized CYFD representative will take no further action.

(3) If the authorized CYFD representative finds that a complaint is substantiated, it will make the complaint part of the authorized CYFD file on the child care registered home. The following additional actions will, at the discretion of the authorized CYFD representative, be taken:

(a) the CYFD authority will require the registered home caregiver to submit and comply with a written corrective action plan; or

(b) the CYFD authority will sanction the registered home administratively including, without limitation, suspension, revocation, or restriction of a registration; or

(c) the CYFD authority will file criminal charges or pursue civil remedies.

F. The authorized CYFD representative will report all cases of suspected child abuse and neglect to both children's protective services and the local law enforcement agency.

N.M. Admin. Code § 8.17.2.18

8.17.2.18 NMAC - Rp, 8.17.2.27 NMAC, 08/31/06, Adopted by New Mexico Register, Volume XXVI, Issue 14, July 30, 2015, eff. 7/30/2015, Adopted by New Mexico Register, Volume XXVII, Issue 18, September 30, 2016, eff. 10/1/2016