New Mexico Register / Volume XXXII, Issue 10
/May 25, 2021
This is an amendment to 8.10.2 NMAC, Sections
7, 8, 9, 10, 11, 12, 13, 14, 17 and 18, effective 5/25/2021.
8.10.2.7 DEFINITIONS:
A. “Caregiver” is an adult, parent,
guardian or custodian in the household who provides care and supervision for
the child.
[A.] B. “Child abuse and neglect check”
is a review of the PSD family automated client tracking system, also known as
FACTS, or another state’s central abuse or neglect registry to determine if
there have been any previous referrals on the family to this state’s or any
other state’s child protective services division.
C. “Child,” “children” or “youth” refers to a person who is one of the
following:
(1) under
the age of 18 years of age; or
(2) up
to 21 years of age and participating in the extended foster care program.
[B.] D. “Children’s Code” refers to the New
Mexico Children’s Code, Section 32A NMSA 1978.
[C.] E. “Child
vulnerability” refers to conditions resulting in the child’s ability
to protect [him or herself] themself from identified [safety
threats] danger indicators. [as well as the child’s ability to
care for him or herself when the child’s parent, or guardian is not able to
meet the child’s basic needs.]
[D.] F. “Collateral
contact” refers to any person who may be able to provide information to the
PSD worker during an investigation of alleged abuse or neglect, concerning the
alleged abuse or neglect that would be helpful in assessing child
vulnerabilities, [safety threats] danger indicators and parent, [or]
guardian or custodian [protective] safety planning
capacities.
G. “Complicating factors” are conditions
that make it difficult for a caregiver to create safety for their child, but do
not by themselves constitute imminent danger.
Refer to the structure decision making manual to review the list of
complicating factors protective services workers use in the New Mexico child
safety and risk tool.
[E.] H. “Custodian”
as defined in the Children’s Code, Subsection E of Section 32A-1-4[(E)]
NMSA 1978, means an adult with whom the child lives who is not a parent or
guardian of the child.
[F.] I. “CYFD” is the New Mexico children,
youth and families department.
J. “Danger indicators” are conditions
resulting in a child being exposed to harm or injury and was placed at risk of
harm or injury that could occur immediately.
Refer to the structured decision making manual to review the list of the
ten identified danger indicators protective services workers use in the New
Mexico safety and risk assessment tool.
[G.] K. “FACTS” refers to the family automated
client tracking system (FACTS), the official data and case management
system for CYFD.
L. “Family” are caregivers, adults fullfilling the
caregiver role, guardians, and others related by ancestry, adoption, or
marriage, or as defined by the family itself.
[H.] M. “Guardian” as defined in the Children’s
Code, Subsection I of Section 32A-1-4[(I)] NMSA 1978, means a
person appointed as guardian by a court or Indian tribal authority or a person
authorized to care for the child by a parental power of attorney as permitted
by law.
N. “Household” are all persons who have
significant in-home contact with the child, including those who have a familial
or intimate relationship with any person in the home. This may include persons who have an intimate
relationship with a caregiver in the household (or partner/significant other)
but may not physically live in the home, or a relative whom the caregiver
allows authority in parenting and caregiving decisions.
[I.] O. “Impending danger” is when a child is
living in a state of danger or position of continual danger due to a family
circumstance or behavior. The threat
caused by the circumstance or behavior is not presently occurring, but it can
be anticipated to have severe effects on a child at any time.
[J.]
P. “Indian
child” means any unmarried
person who is under age 18 and is either a member of an Indian tribe, or is
eligible for membership in an Indian tribe and is the biological child of a
member of an Indian tribe.
Q. “New Mexico Family Resource Connections
(NMFRC)” is New Mexico’s preventative program for differential response
regarding screened out calls that do not meet criteria for an investigation.
[K.] R. “Intake” refers to the process by which
intake workers receive, screen and prioritize reports of alleged child abuse or
neglect.
[L.] S. “Parent” as defined in the Children’s
Code, Subsection P of Section 32A-1-4[(P)] NMSA 1978, includes a
biological or adoptive parent if the biological or adoptive parent has a
constitutionally protected liberty interest in the care and custody of the
child.
[M.]
T. “Placement” is an out of home
residential arrangement for the care of children in PSD custody, which may
include, but is not limited to, brief respite, resource family foster
care, relative or fictive kin foster care and treatment foster care, or
a facility such as residential treatment center, group home, or emergency
shelter.
[N.] U. “Present danger” means immediate,
significant and observable severe harm or threat of immediate and severe harm
that is presently occurring to a child and requires an immediate protective
services response.
[O.]
V. “Prioritization” is the assignment of a time frame for PSD to
initiate an investigation based upon the reported [safety threats] danger
indicators to the child, the age of the child and the safety planning
[protective] capacities identified in the report (See herein at
8.10.2.13 NMAC).
W. “REACH New Mexico” is a PSD
confidential texting program available for all children and youth residing in
the state of New Mexico.
[P.] X. “Safety Planning [Protective] capacities” are those assets possessed by the caregiver that [help]
reduce or control [or prevent present or impending] the
identified danger indicators [of serious harm to a child]. Refer
to the structured decision making manual to review the list of four identified
safety planning capacities protective services workers use in the New Mexico
child and safety risk assessment tool.
[Q.] Y. “Protective
services division (PSD)” refers to the [protective services]
division within [of] the children, youth and families department,
and is the state’s designated child welfare agency.
[R.] Z. “PSD
custody” means custody of children as a result of an action occurring
pursuant to the Children’s Code, Sections 32A-4-1 and 32A-3B-1NMSA 1978.
[S.]
AA. “Report” is a verbal or written presentation of
information alleging child abuse or neglect that is received by an intake
worker.
[T.]
BB. “Reporter” refers to any individual who has contacted
statewide central intake (SCI) to make a report of alleged child abuse or
neglect.
[U.] CC. “Safe Haven for Infants
Act” means an Act, Section 24-22-1 NMSA 1978, to promote the safety of
infants and to immunize a parent from criminal prosecution for leaving an
infant, 90 days of age or less, at a safe haven site. This Act is not intended to abridge the rights
or obligations created by the federal Indian Child Welfare Act of 1978 or the
rights of the parents.
[V.] DD. “Safe haven site”
as defined by Subsection F of Section 24-22-2 [(F)] NMSA 1978
means a hospital, law enforcement agency, or fire station that has staff onsite
at the time an infant, 90 days of age or less, is left at such site.
[W. “Safety threats”
are threats of serious harm to a child that may create a present or impending
danger.]
[X.]
EE. “Screened in report” is a report that has met PSD’s criteria for
acceptance for investigation.
[Y.]
FF. “Screened out report” is a report that
has not met PSD’s criteria for acceptance for investigation.
[Z.] GG. “Statewide central intake (SCI)” is the
unit within PSD whose responsibilities may include, but are not limited to
receiving and screening reports of alleged child abuse or neglect and
prioritizing and assigning accepted reports to the appropriate county office
for investigation.
[AA.] HH.“Witness” refers to a person who has a firsthand account
of an event that is relevant to a PSD abuse and neglect investigation.
[8.10.2.7 NMAC - Rp, 8.10.2.7 NMAC, 3/31/2010; A, Same as
previous comment.; A, 9/29/2015; A, 5/25/2021]
8.10.2.8 PURPOSE OF INTAKE SERVICES:
The purpose of child protective services intake is to:
A. receive
reports of alleged child abuse or neglect;
B. determine
if the situation reported may constitute abuse or neglect as defined by the Children’s
Code, Subsection B of Section 32A-4-2[(B)] and Subsection E of
Section 32A-4 [(E)]NMSA 1978;
C. determine
if an investigation by PSD and a referral to another agency is warranted;[
and]
D. determine if a
referral to the New Mexico family resource connection (NMFRC) program is
warranted; and
[D.]
E. receive reports of
incidents involving children in placements and determine if such reports
warrant an investigation.
[8.10.2.8 NMAC - Rp, 8.10.2.8 NMAC, 3/31/2010; A, 2/29/2012; A, 5/25/2021]
8.10.2.9 ELIGIBILITY:
A. Any child up to age 18, shall be eligible for protective services
intake.
B. All individuals are required by the Children’s Code, Section 32A-4-3(A)
NMSA 1978 to report suspected child abuse or neglect to SCI or law enforcement
if [he or she] they know[s], or [has] have a
reasonable suspicion [that] a child has been abused or neglected.
[8.10.2.9 NMAC - Rp, 8.10.2.9 NMAC, 3/31/2010; A, 2/29/2012; A, 9/29/2015;
A, 5/25/2021]
8.10.2.10 PROVISION
OF INTAKE SERVICES:
A. PSD
intake workers shall be available to receive reports of suspected child abuse
or neglect 24 hours a day, seven days a week, including reports involving
suspected abuse or neglect of children in [placement] in PSD custody.
B. PSD
intake workers shall accept reports from individuals wishing to remain
anonymous.
C. Intake
services shall be conducted by CYFD employees designated as PSD intake workers.
D. PSD
intake workers shall collect sufficient information from the reporter in order
to make a screening decision.
E. PSD
intake workers shall assign a priority to screened-in reports as outlined in
8.10.2.13 NMAC.
F. PSD
intake supervisors shall review all screening and prioritization decisions.
G. Once
approved by the PSD intake supervisor, the intake worker shall assign
screened-in, prioritized reports to the appropriate county office for
investigation within the timelines established by PSD.
H. Designated
PSD intake workers may complete a national crime information center (NCIC)
check on alleged perpetrators of child abuse or neglect.
I. PSD
intake workers shall send all screend out reports to the New Mexico family
resource connection (NMFRC) supervisor.
[8.10.2.10 NMAC - Rp, 8.10.2.10 NMAC, 3/31/2010; A, 2/29/2012; A, 5/25/2021]
8.10.2.11 PROTECTION
OF THE IDENTITY OF REPORT SOURCES: PSD workers shall ask the reporting
source if [he or she] they [wishes] wish to remain
anonymous [that her identity be kept confidential]. If so, the reporter’s name [will] shall
be entered as anonymous and PSD shall protect the identity or identifying
information of reporting sources and shall not disclose the reporter’s
identity, absent the consent of the reporter or a court order.
[8.10.2.11 NMAC - Rp, 8.10.2.11 NMAC, 3/31/2010; A, 2/29/2012; A, 5/25/2021]
8.10.2.12 INTAKE
SCREENING DECISION:
A. PSD intake workers make
screening decisions on all reports received. Screening decisions [will] shall
be made on all reports within established time frames. All screening decisions are staffed with an
intake supervisor.
B. PSD intake workers shall use
information received from the reporting source, information from collateral
contacts as available, and results of the abuse and neglect check to assist in
making the intake screening decision.
C. PSD
intake workers utilize the New Mexico safety tool to determine the priority of
the screened-in report.
[C.] D. PSD intake
workers shall ask the reporting source for contact information and [will]
shall inform the reporting source of the intake screening decision, if [so]
requested by the reporting source.
[8.10.2.12 NMAC - Rp, 8.10.2.12 NMAC, 3/31/2010; A, 2/29/2012; A, 5/25/2021]
8.10.2.13 PRIORITIZATION: [Subject
to the review and approval of the PSD intake supervisor, the intake]
Intake workers shall prioritize accepted reports as follows:
A. Emergency
report (E): A report alleging a [serious
and immediate safety threat] danger indicator involving a
vulnerable child, including but not limited to an abandoned infant or child,
any physical injury to an infant, a potentially life threatening situation,
recent sexual abuse, a law enforcement request for immediate response, and
recent serious trauma, such as a head injury, burns, or broken bones. An emergency report requires [that] an
investigation be initiated within three hours of the SCI supervisor’s screening
decision.
B. Priority
one report (P1): A report alleging
physical injury involving a vulnerable child who is in a safe environment at
the time of the report, or a report alleging a [serious impending safety
threat] danger indicator involving a vulnerable child but where the
alleged perpetrator will not have access to the child for the next 24 hours. A priority one report requires [that] an
investigation be initiated within 24 hours of the SCI supervisor’s screening
decision.
C. Priority
two report (P2): A report alleging [an
impending safety threat] danger indicators involving a vulnerable
child with no immediate concern for the child’s safety. This may include, but is not limited to,
alleged physical abuse with no indication of injury or alleged abuse or neglect
where the alleged perpetrator no longer has access to the child or a protective
parent [or] guardian or custodian has already intervened. A priority two report requires [than]
an investigation be initiated within five calendar days of the SCI supervisor’s
screening decision.
D. Custody of a safe haven infant: When SCI receives a report that an infant has been left under the provision of the Safe Haven Act at a safe haven site, as defined above at 8.10.2.7 NMAC, the children, youth and families department through its protective services division is deemed to have emergency custody of that infant. Law enforcement is not notified and a law enforcement investigation or 48 hour hold is not required.
[8.10.2.13 NMAC - Rp, 8.10.2.13 NMAC, 3/31/2010; A, 2/29/2012; A, 9/29/2015;
A, 5/25/2021]
8.10.2.14 CROSS
REPORTING AND NOTIFICATION:
A. PSD intake workers shall cross report all reports to the appropriate
law enforcement agency pursuant to the New Mexico Children’s Code Section
32A-4-3(B) NMSA 1978.
B. When the alleged perpetrator of abuse or neglect is not a parent [or],
guardian or custodian, [e.g. a coach, schoolteacher, or neighbor,]
the PSD worker shall [receive] collect the information
from the reporting source and [shall] informs [the reporter] them
that [it] they will refer the allegation to the appropriate local
law enforcement agency.
C. When
the report received involves an Indian child on [the] a
reservation or pueblo, PSD intake workers shall immediately transmit the
information to the appropriate tribal authority, such as tribal law enforcement
or tribal social services.
D. When
SCI receives a report alleging abuse or neglect of a child residing in a
facility, or a child not in custody residing outside of their home, the intake
worker shall screen out the report and email the report to the CYFD licensing
and certification authority and to the CYFD office of inspector general.
E. When the PSD intake worker receives a report that meets a
screened-out criteria, they shall send the report to the New Mexico family
resource connection program for further evaluation.
[8.10.2.14 NMAC - Rp, 8.10.2.14 NMAC, 3/31/2010; A, 2/29/2012; A, 9/29/2015;
A, 5/25/2021]
8.10.2.17 NEW MEXICO FAMILY RESOURCE CONNECTIONS
(NMFRC) PROCESS: If a report
alleging abuse or neglect meets the criteria established pursuant to section
32A-4-4.1 NMSA 1978, the department shall refer the case to the New Mexico
family resource connection (NMFRC) program.
The New Mexico family resource connection is a 30 day program within
statewide central intake (SCI) that assists in coordinating prevention services
to families who do not meet an investigation criteria. All screened out reports shall be referred to
the NMFRC program. This program may
include an alternative to investigation upon completion of an evaluation that
may be completed at intake by the department, the results of which indicate
there is no immediate concern for the child’s safety.
A. The
department may remove a case from the NMRC program if there are any danger
indicators identified that place the child in immediate danger. Conversely, the department may reassign a
case from investigations to the NMFRC program, at the department’s discretion.
B. Each
family participating in the NMFRC shall receive a family assessment. Based on the results of the assessment, the
department may offer or provide referrals for service. A family member may choose to accept or
decline any services or programs offered through the NMFRC program.
[8.10.2.17 NMAC – N, 5/25/2021]
8.10.1.18 REACH NEW MEXICO CHILD AND YOUTH TEXTING
PROGRAM: REACH New Mexico is a PSD confidential texting
program available for all children and youth residing in the state of New
Mexico. REACH NM is a program held
within the statewide central intake division. The texting program allows for any child or
youth in New Mexico to safely report to PSD if they are the victim of abuse or
neglect in their household. A REACH
worker shall engage in a text conversation with the child or youth to obtain
information and provide support to the youth. After obtaining all of the information, the
REACH worker shall either make a SCI report or refer the child or youth to the
New Mexico family resource connections (NMFRC) program.
[8.10.2.18 NMAC - N, 5/25/2021]