N.M. Code R. § 8.26.6.7

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

Section 8.26.6.7 - DEFINITIONS

A. "Adult" means, for the purpose of 8.26.6 NMAC, a person who is age 18 years or older and is a client of and resides in a community home licensed by PSD.

B. "Child" means, for the purpose of 8.26.6 NMAC, a person who is under the age of 18 and is a client of and resides in a community home licensed by PSD.

C. "Child abuse and neglect check" is a review of the PSD information management system, also known as FACTS, or another state's central abuse or neglect registry to determine if there have been any previous referrals on an individual to this state's or another state's protective services division.

D. "Community home" means a facility 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, including a facility which meets the definition of "group home" as outlined in the Human Services Department Act, NMSA 1978, 9-8-13.

E. "Contact" for the purpose of 8.26.6 NMAC may include, but is not limited to:

(1) the ability to make physical contact with children;

(2) working in close proximity to children; and

(3) having unsupervised access to children.

F. "Corrective action" means action taken by PSD in order to correct deficiencies or non-compliance with 8.26.6 NMAC.

G. "Corrective action plan" means a written plan developed by PSD that identifies the actions that will be taken to correct deficiencies or non-compliance with 8.26.6 NMAC.

H. "Criminal records check (CRC)" means, for the purpose of 8.26.6 NMAC, federal, state or local checks for criminal offenses conducted on all staff, interns or volunteers whose duties include contact with children, as defined in Subsection E of 8.26.6.7 NMAC.

I. "CYFD" means the children, youth and families department of the state of New Mexico.

J. "Deficiency" means non-compliance with 8.26.6 NMAC, and other laws or regulations referenced herein.

(1) "Minor deficiencies" means those deficiencies that do not impair the safety, permanency or well-being of a child while in the community home's care.

(2) "Substantial deficiencies" means those deficiencies that impair the safety, permanency or well-being of a child while in the community home's care.

K. "Emergency suspension" means the prohibition of a community home's operation for a stated period of time through the temporary withdrawal of the license, prior to a hearing on the matter, when immediate action is required to protect human health and safety.

L. "Governing board" means the organizational entity of an agency that has the ultimate responsibility for all planning, direction, control, and management of the activities and functions of a community home licensed pursuant to 8.26.6 NMAC.

M. "Incident" means any incident reportable to PSD that may include, but is not limited to:

(1) policy and procedure violations related to the health and safety of a child;

(2) abuse or neglect, as defined in Subsections N, Q and U of 8.26.6.7 NMAC, which may include but is not limited to:

(a) physical or sexual abuse, as defined in Subsections Q and U of 8.26.6.7 NMAC, by a staff member or volunteer to a child; or

(b) physical or sexual abuse, as defined in Subsections Q and U of 8.26.6.7 NMAC, by a child to another child;

(3) death or serious injury to a child;

(4) safety issues concerning a child;

(5) children who have run away; or

(6) serious or contagious illnesses.

N. "Neglect" means, for the purpose of 8.26.6 NMAC, a child:

(1) who is without proper care, subsistence, education, medical or dental care necessary for the child's well-being due to the refusal or failure to act on behalf of the child by the community home; or

(2) who has been physically or sexually abused and the community home knew or should have known of the abuse and failed to take reasonable steps to protect the child from further harm.

O. "On-site review" means the on-site review of a community home for the purpose of determining whether 8.26.6 NMAC is being met.

P. "Permanency plan" means, for the purpose of 8.26.6 NMAC, a plan of intervention for the permanent placement of a child in PSD custody, as defined under the Adoptions and Safe Families Act.

Q. "Physical abuse" for the purpose of 8.26.6 NMAC includes, but is not limited to any case in which the child exhibits evidence of skin bruising, bleeding, malnutrition, failure to thrive, burns, fracture of any bone, subdural hematoma, soft tissue swelling or death and:

(1) there is not a justifiable explanation for the condition or death;

(2) the explanation given for the condition is at variance with the degree or nature of the condition;

(3) the explanation given for death is at variance with the nature of the death; or

(4) circumstances indicate that the condition or death may not be the product of an accidental occurrence.

R. "Placement" means the point in time when the child is placed in the community home by a legal custodian or guardian.

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

T. "Service provider" means anyone, agency or individual, providing a service to a child.

U. "Sexual abuse" for the purpose of 8.26.6 NMAC, includes but is not limited to criminal sexual contact, incest or criminal sexual penetration, as those acts are defined by state law.

V. "Substantial compliance" means a community home has complied with 8.26.6 NMAC, and that only minor deficiencies exist which do not impair the safety, permanency or well-being of a child.

W. "Variance" means, upon written application form a community home, PSD may in the exercise of its sole discretion issue a variance that allows non-compliance with 8.26.6 NMAC. Variances are issued in writing at PSD's sole discretion.

X. "Wide scale emergency" means a natural disaster, such as floods, wild fires and pandemic diseases or human-caused disaster, whether intentional or accidental, such as acts of terrorism, transportation accidents and explosions. A wide scale emergency affects the entire community, with consequences that surpass the community's resources to respond, and typically, although not necessarily, results in a local, state, or national declaration of emergency.

N.M. Code R. § 8.26.6.7

8.26.6.7 NMAC - N, 2/28/2014; A, 8/29/2014