N.M. Code R. § 8.26.6.19

Current through Register Vol. 35, No. 11, June 11, 2024

Section 8.26.6.19 - EMPLOYEE, STUDENT INTERN, AND VOLUNTEER PERSONNEL FILES

A. Employee personnel file: The community home shall maintain a personnel file for all employees, including temporary professional employees, of the community home which shall be available to PSD for inspection. Each file shall include, at a minimum:

(1) application: the employee's employment application showing qualifications and experience;

(2) references: at least three professional and character references for each potential employee prior to his or her employment;

(3) academic transcripts: the official academic transcripts, if applicable;

(4) disciplinary or corrective actions: documentation of any disciplinary or corrective action taken;

(5) evaluations: any evaluations of work performance;

(6) background check results: the results of the abuse and neglect and criminal records check, if required; if a background check is not required, the file shall include written documentation as to why it is not required;

(7) training: any training received including content and hours, and documentation that staff have been instructed on:

(a) the definitions of abuse and neglect as defined in Subsections M, P and T of 8.26.6.7 NMAC; and

(b) the responsibility of staff to report all suspected incidents of child abuse or neglect, to include access to the statewide central intake hotline number.

(8) licenses or certifications: a copy of an employee's professional license or certifications when applicable;

(9) abuse and neglect reporting: a signed statement of understanding by the employee of the requirements to report suspected abuse and neglect to PSD;

(10) community home licensing standards: a signed statement by professional staff acknowledging the receipt of these regulations; and

(11) confidentiality statement: signed statement by the employee acknowledging the confidentiality rights of the children and families that are or may become clients of the community home, specifically that the child or client's case records and identifying information shall not be publically released

B. Student intern personnel file: The community home shall maintain a personnel file for all student interns of the community home which shall be available to PSD for inspection. Each file shall include, at a minimum:

(1) reference: the community home shall obtain at least three professional and character references for each potential student intern prior to the commencement of the internship;

(2) academic transcripts: the official academic transcripts, if applicable;

(3) disciplinary or corrective actions: documentation of any disciplinary or corrective action taken;

(4) evaluations: any evaluation of work performance;

(5) background check results: the results of the abuse and neglect and criminal records check, if required; if a background check is not required, the file shall include written documentation as to why it is not required;

(6) training: any training received including content and hours, and documentation the student intern has been instructed on:

(a) the definitions of abuse and neglect as defined in Subsections M, P and T of 8.26.6.7 NMAC; and

(b) the responsibility of the student intern to report all suspected incidents of child abuse or neglect, to include access to the state wide central intake hotline number.

(7) licenses or certifications: a copy of the current professional license or certifications, if applicable;

(8) abuse and neglect reporting: a signed statement of understanding by the student intern of the requirements to report suspected abuse and neglect to PSD;

(9) community home licensing standards: a signed statement by the student intern acknowledging the receipt of these regulations; and

(10) confidentiality statement: signed statement by the student intern acknowledging the confidentiality rights of the children and families that are or may become clients of the community home, specifically that the child or client's case records and identifying information shall not be publically released.

C. Volunteer files:

(1) background check results: the results of the abuse and neglect and criminal records check, if required; if a background check is not required, the file shall include written documentation as to why it is not required;

(2) training: any training received including content and hours, and documentation the volunteer has been instructed on:

(a) the definitions of abuse and neglect as defined in Subsections M, P and T of 8.26.6.7 NMAC; and

(b) the responsibility of the volunteer to report all suspected incidents of child abuse or neglect, to include access to the state wide central intake hotline number.

(3) abuse and neglect reporting: a signed statement of understanding by the volunteer of the requirements to report suspected abuse and neglect to PSD; and

(4) confidentiality statement: signed statement by the volunteer acknowledging the confidentiality rights of the children and families that are or may become clients of the community home, specifically that the child or client's case records and identifying information shall not be publically released.

N.M. Code R. § 8.26.6.19

8.26.6.19 NMAC - N, 2/28/2014