Current through Register Vol. 35, No. 11, June 11, 2024
Section 8.26.6.13 - SANCTIONS, NOTIFICATION AND ADMINISTRATIVE HEARINGSA. Sanctions and Notification: PSD may impose sanctions if it determines that a community home has failed to comply with 8.26.6 NMAC, or where an investigation substantiates an allegation of abuse or neglect against a community home. At PSD's discretion, depending upon the severity of a community home non-compliance, PSD may issue a letter of correction, put a community home on probation with restricted admissions, suspend a community home license, revoke a community home license, or deny a community home license. PSD shall notify the community home in writing by return receipt mail of its intent to put the community home on probation or suspension, or to revoke or not renew the license. Notice shall be sent to the address on file, or by personal delivery to the person authorized to accept service on behalf of the community home. Notice shall be sent at least 30 days prior commencement of such actions.(1) Letter of correction: PSD may send the community home a letter of correction. The letter of correction is sent by registered mail and: (a) notifies the community home of identified deficiencies and works with the community home to correct the deficiencies by a specific date;(b) requires the community home to submit a written corrective action plan, subject to approval of PSD, identifying the specific actions which will be taken to correct the deficiencies, following the time frame provided by PSD; at its discretion, PSD staff may work with the community home in the development or revision of the corrective action plan; and(c) advises the community home of potential PSD actions should the deficiencies not be corrected, including, but not limited to probation, suspension or revocation of license, or denial of license renewal.(2) Probation with restricted admissions: PSD may place the community home on probation and restrict the community home from accepting any new clients or expanding into additional services until the identified deficiencies are corrected. Notice shall: (a) state the deficiencies and reasons for the probation and instruct the community home to correct the deficiencies by a specific date;(b) require the community home to submit a written corrective action plan, subject to approval of PSD, identifying the specific actions which will be taken to correct the deficiencies, following the time frame provided by PSD. At its discretion, PSD staff may work with the community home in the development or revision of the corrective action plan;(c) advise the community home of potential PSD actions should the deficiencies not be corrected, including, but not limited to suspension or revocation of license or denial of license renewal; and(d) inform the community home of the right to request an administrative hearing and instructions on how to request an administrative hearing through CYFD.(3) Suspension of license: PSD may suspend the community home license and move the children placed by the community home to new placements, giving preference to another licensed community home provider. When PSD suspends a community home license, the community home shall assist PSD in arranging for transfer of care, custody and control of any children currently being served, and for the preservation and transfer of records. Notice shall:(a) state the deficiencies and reasons for the suspension and works with the community home to correct the deficiencies by a specific date;(b) require the community home to submit a written corrective action plan, subject to approval of PSD, identifying the specific actions which will be taken to correct the deficiencies, following the time frame provided by PSD; at its discretion, PSD staff may work with the community home in the development or revision of the corrective action plan;(c) advise the community home of potential PSD actions should the deficiencies not be corrected, including, but not limited to revocation of license or denial of license renewal; and(d) inform the community home of the right to request an administrative hearing and instructions on how to request an administrative hearing through CYFD.(4) Revocation of community home license or denial of license renewal: PSD may revoke a community home license or deny renewal of the license if PSD determines such action is necessary based upon the community home failure to comply with 8.26.6 NMAC, or the community home's failure to correct deficiencies identified in a prior letter of correction, probation, or suspension of license. When PSD revokes or denies renewal of a community home license, the community home shall assist PSD in arranging for the transfer of care, custody and control of any children currently being served, and for the preservation and transfer of records. The notice shall: (a) state the deficiencies and reasons for the revocation or denial of license renewal; and(b) inform the community home of the right to request an administrative hearing and instructions on how to request an administrative hearing through CYFD.B. Administrative hearings and emergency suspension:(1) PSD shall comply with the administrative appeals process governed by 8.8.4 NMAC, Children, Youth and Families General Provisions, Administrative Appeals.(2) PSD may immediately suspend a community home license, prior to a hearing on the matter, when such action is required to protect human health and safety.8.26.6.13 NMAC - N, 2/28/2014