TITLE 8 SOCIAL SERVICES
CHAPTER 14 JUVENILE JUSTICE
PART 16 HUMAN RESOURCES AND TRAINING PLAN
8.14.16.1 ISSUING AGENCY: Children, Youth and Families Department.
[8.14.16.1
NMAC - N, 6/1/2010]
8.14.16.2 SCOPE: This rule applies to clients and staff of the juvenile
justice division, also referred to as juvenile justice services, of the
children, youth and families department.
[8.14.16.2
NMAC - N, 6/1/2010]
8.14.16.3 STATUTORY AUTHORITY: Sections 32A-1-1 et seq., 32A-2-1 et seq.,
32A3-1 et seq., 32A-4-1 et seq., 32A-11-1 et seq., 32A-15-1 et seq. NMSA 1978
Comp., as amended.
[8.14.16.3
NMAC - N, 6/1/2010]
8.14.16.4 DURATION: Permanent.
[8.14.16.4
NMAC - N, 6/1/2010]
8.14.16.5 EFFECTIVE DATE: June 1, 2010, unless a later date is cited at
the end of a section.
[8.14.16.5
NMAC - N, 6/1/2010]
8.14.16.6 OBJECTIVE: To establish standards and guidelines for
programs which serve the best interest of the clients, persons and property
under the supervision or in the custody of the department including implementation
of Cambiar New Mexico. This rule further establishes guidelines to address the
safety of clients and staff and for the protection of department resources.
This rule emphasizes the value and importance of staff in the delivery of
services to our clients.
[8.14.16.6
NMAC - N, 6/1/2010]
8.14.16.7 DEFINITIONS:
A. “Cambiar
(Change) New Mexico”
refers to the name designated by the children, youth and families department
(CYFD) for its juvenile justice reform initiative that focuses on
rehabilitation and relationships. Clients and juvenile justice services’ staff
members build one-on-one relationships with each other and learn to interact in
a completely different way then the old “correctional” model. Group building activities designed to build
trust and communication are key components as well as family and community
involvement.
B. “Client” refers to a person
who is committed to the custody of the CYFD’s juvenile justice services or who
is receiving services from CYFD’s juvenile justice services.
C. “Department” refers to the New Mexico children, youth and families
department.
D. “Director” refers to the juvenile justice services director.
E. “Facility “refers to a facility
operated by, or on behalf of the CYFD’s juvenile justice services, or any other
facility or location designated by the juvenile justice services director to
house or provide care to clients committed to the custody of CYFD.
F. “Juvenile
justice services”
or “juvenile justice division” refers
to the organizational unit within CYFD that operates juvenile justice
facilities, and provides other services under the Delinquency Act, NMSA 1978
section 32A-2-1 et seq.
G. “Secretary” refers to the secretary of CYFD.
H. “Secure
facility”
refers to Camino Nuevo youth center, J. Paul Taylor center, youth diagnostic
and development center or any other facility designated a secure facility by
the director of juvenile justice services.
I. “Student intern” refers to an unpaid
student who works at CYFD as part of a university education program for credit
or a grade. The university and the CYFD
sign a standard student internship agreement that governs the conditions of the
internship. A CYFD employee supervises
the student intern when the student intern when the student provides services
or works with CYFD clients. Student
interns undergo a level 1, 2 or 3 background check depending on the nature of
their duties
J. “Staff” refers to employee(s) of
CYFD.
K. “Superintendent” refers to the chief administrator at a juvenile
justice services facility.
L. “Volunteer” any unpaid person (community member, student, etc) that provides
services to clients or otherwise participates in the CYFD workplace. Generally, CYFD employees supervise
volunteers who interact with CYFD clients, except in certain circumstances in
juvenile justice services facilities. Volunteers receive a level 1, 2 or 3
background check depending on the nature of their duties.
M. “Youth
care specialist” refers
to juvenile justice services security employees whose primary duties include
working directly with clients.
[8.14.16.7
NMAC - N, 6/1/2010]
8.14.16.8 HUMAN RESOURCE MANAGEMENT: There are procedures specific to juvenile justice services for human
resources management. Each employee has
access to these policies and procedures.
[8.14.16.8
NMAC - N, 6/1/2010]
8.14.16.9 STAFF PRE-EMPLOYMENT SCREENING: All qualified applicants for
youth care specialist positions must take a pre-employment selection test. All juvenile justice services employees whose
jobs involve direct contact with children youth and families department
clients, including prospective employees and employees who are promoted,
transferred or hired into new positions are subject to a background check
including a nationwide criminal record search through fingerprints, and subject
to medical screening in accordance with state law.
[8.14.16.9
NMAC - Rp, 8.14.1.26 NMAC, 6/1/2010]
8.14.16.10 EMPLOYMENT OF EX-OFFENDERS: Juvenile justice services conforms to the New
Mexico Criminal Offender Employment Act with regards to an employment
eligibility determination and the power to refuse, renew, suspend or revoke
employment or a license as a direct result of criminal behavior.
[8.14.16.10
NMAC - Rp, 8.14.1.26 NMAC, 6/1/2010]
8.14.16.11 CONTRACTORS, VOLUNTEERS AND STUDENT
INTERNS: Juvenile justice services
fingerprints and conducts nationwide criminal history record searches on all contract
or service providers, volunteers and student interns who have direct
unsupervised client contact. The
background check for contract or service providers, volunteers and student
interns without direct unsupervised client contact includes a state level check
and an abuse and neglect screening of the protective services database.
[8.14.16.11
NMAC - Rp, 8.14.1.27 NMAC, 6/1/2010]
8.14.16.12 PROFESSIONAL APPEARANCE: Juvenile justice services employees contract
or service providers, student interns, volunteers and visitors shall present a
professional or appropriate appearance while on juvenile justice service
property. In addition, the director of juvenile justice services may establish
reasonable dress standards that are set forth clearly in procedure or
memorandum. An employee who arrives at
work in inappropriate attire may be sent home on annual leave or leave without
pay to change into appropriate clothing and may be subject to disciplinary
action. Visitors that arrive to a juvenile justice services facility in
inappropriate attire can be refused admittance.
[8.14.16.12
NMAC - Rp, 8.14.1.41 NMAC, 6/1/2010]
8.14.16.13 CONTACT INFORMATION: Juvenile justice services maintains contact
information on all employees, contract or service providers, student interns or
volunteers. Employees are required to
immediately report any change in their telephone number or mailing address to
their supervisor and request an update to their personnel file through the human
resources bureau.
[8.14.16.13
NMAC - N, 6/1/2010]
8.14.16.14 PERSONAL PROPERTY: Juvenile justice services employees contract
or service providers, student interns, volunteers and visitors are expected to
exercise reasonable caution in safeguarding their personal clothing, jewelry,
and possessions.
[8.14.16.14
NMAC - N, 6/1/2010]
8.14.16.15 AFTER HOURS RESPONDERS: Juvenile justice services is prepared to
respond to the public and operational issues by designating personnel to
respond to emergencies and unusual incidents after traditional working hours. Employees designated to respond must be able
to respond within 10 minutes by telephone, or if required to report to a
designated location, within 60 minutes of the request. An employee who cannot be reached, fails to promptly
respond, or reports in a condition of being unable to perform their duties may
be subject to disciplinary action.
[8.14.16.15
NMAC - N, 6/1/2010]
8.14.16.16 EMPLOYEE ASSISTANCE PROGRAM: Budget permitting, the risk management division
of the general services department maintains a counseling or referral process
for employees with a personal problem that affects or has the potential to affect
the employee’s job performance.
[8.14.16.16
NMAC - N, 6/1/2010]
8.14.16.17 CODE
OF CONDUCT: To protect the public trust and integrity of CYFD,
juvenile justice services and the staff and clients associated therein, all
personnel shall be provided, familiarized with and held accountable to an
employee code of conduct.
[8.14.16.17
NMAC - N, 6/1/2010]
8.14.16.18 TRAINING PLAN: Juvenile justice services shall provide a
training program categorized by job classification for all employees, contract
or service providers, student interns, or volunteers that is job-relevant and
consistent in meeting the program and services needs of our clients. The training program shall be planned,
coordinated and implemented by qualified employees under the consultation of
the professional development bureau and director of juvenile justice services.
[8.14.16.18
NMAC - N, 6/1/2010]
8.14.16.19 TRAINING ADVISORY COMMITTEE: The director of juvenile justice services, in
conjunction with the professional development bureau chief, shall assign
trainers and key facility staff to a training advisory committee to evaluate
and update the training plan and curriculums based on job related and
performance needs.
[8.14.16.19
NMAC - N, 6/1/2010]
8.14.16.20 TRAINERS: Juvenile justice services shall only use
qualified trainers that have completed an approved train-the-trainer course,
have other specialized training or education in adult learning theory, or have
a recognized skill or ability as demonstrated through experience or education
as determined by the professional development bureau or director of juvenile
justice services.
[8.14.16.20
NMAC - N, 6/1/2010]
8.14.16.21 TRAINING CALENDAR: Juvenile justice services, in conjunction
with the professional development bureau, shall establish and maintain a
training calendar detailing training offerings for each quarter of the calendar
year. The training calendar shall
provide sufficient offerings to meet training mandates and timeframes for all
employees.
[8.14.16.21
NMAC - N, 6/1/2010]
8.14.16.22 TRAINING RESOURCES: Juvenile justice services supports the
development and training of staff through both internal and external resources
and encourages staff to participate in educational seminars, membership and
participation in professional associations, continuing education opportunities,
and other relevant training opportunities to augment the internal training
calendar and resources provided through the professional development bureau. Relevant
training may be reimbursed as budget permits.
[8.14.16.22
NMAC - N, 6/1/2010]
8.14.16.23 REQUIRED TRAINING: Juvenile justice services considers specific
training hours and specific training subjects critical to the success of each
employee, contract employee, volunteer or intern operating at a facility. Juvenile justice services employees will be
required to complete the number of yearly recertification hours as established
by the director of juvenile justice services.
[8.14.16.23
NMAC - N, 6/1/2010]
8.14.16.24 CONTACT WITH CURRENT AND FORMER JJS
CLIENTS AND FAMILIES:
A. JJS staff will not show
partiality toward, or become emotionally, physically, sexually, or financially
involved with clients, former clients or the families of clients or former
clients.
B. Chaplains,
psychologists and psychiatrists may continue a previously established
therapeutic relationship with a former client in accordance with their
respective codes of professional conduct and responsibility.
C. JJS staff may
not engage in, or allow another person to engage in sexual or sexualized
behavior (gestures, demonstrations, etc.) with a client. Regardless of whether
force is used or threatened, consensual sex between staff and clients or staff
and client family members is never allowed.
D. JJS staff are
subject to disciplinary action, up to and including termination for any
inappropriate contact or relationship with clients or the families of clients,
regardless of whether such contact constitutes a prosecutable crime. Physical
contact is not required to subject an employee to sanctions for sexual misconduct.
[8.14.16.24
NMAC - N, 6/1/2010]
HISTORY OF 8.14.16 NMAC:
Pre-NMAC History: [RESERVED]
History of Repealed Material:
8 NMAC 14.1, General Provisions, filed 11/2/98 - Repealed effective 8/31/2005.
8.14.1 NMAC, General Provisions, filed 8/15/2005 - Repealed effective 12/30/2005.
8.14.1 NMAC, General Provisions, filed 12/16/2005 - Repealed effective 6/1/2010.