TITLE 8 SOCIAL SERVICES
CHAPTER 14 JUVENILE JUSTICE
PART 20 CLIENT RIGHTS AND SERVICES
8.14.20.1 ISSUING AGENCY: Children, Youth and Families Department.
[8.14.20.1
NMAC - N, 6/1/2010]
8.14.20.2 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.
[8.14.20.2
NMAC - N, 6/1/2010]
8.14.20.3 STATUTORY AUTHORITY: Sections 32A-1-1 et seq., 32A-2-1 et seq.,
32A-3-1 et seq., 32A-4-1 et seq., 32A-11-1 et seq., 32A-15-1 et seq. NMSA 1978
Comp., as amended.
[8.14.20.3
NMAC - N, 6/1/2010]
8.14.20.4 DURATION: Permanent.
[8.14.20.4
NMAC - N, 6/1/2010]
8.14.20.5 EFFECTIVE DATE: June 1, 2010, unless a later date is cited at
the end of a section.
[8.14.20.5
NMAC - N, 6/1/2010]
8.14.20.6 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.
[8.14.20.6
NMAC - N, 6/1/2010]
8.14.20.7 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. “Media” refers to
representatives of general circulation newspapers and news magazines sold
through newsstands or mail subscriptions to the general public; representatives
of news programs on radio or television stations that hold federal
communications commission licenses; and news services that provide material to
these news outlets.
H. “Secretary” refers to the cabinet secretary of CYFD.
I. “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.
J. “Staff” refers to employee(s) of CYFD.
K. “Superintendent” refers to the chief administrator at a JJS
facility.
L. “Youth
care specialist”
refers to juvenile justice services safety and security employees whose primary
duties include working directly with clients.
[8.14.20.7
NMAC - N, 6/1/2010]
8.14.20.8 CLIENT RIGHTS AND SERVICES: Juvenile justice services protects the safety
and constitutional rights of clients committed to their care and custody,
promotes the rehabilitative process through the provision of mandated and
recognized services and strives to maintain a balance between the expression of
individual freedoms and the safe, secure and orderly operation of its
facilities.
[8.14.20.8
NMAC - N, 6/1/2010]
8.14.20.9 CLIENT COURT, COUNSEL AND MEDIA
ACCESS: Each client placed in the care and custody of
the juvenile justice services shall have the right to have confidential contact
with the courts, counsel, authorized representatives of counsel, and the media subject
only to limitations necessary to maintain facility order and security, pursuant
to procedures developed for this policy. All clients shall be assured that seeking
judicial relief will not be met with reprisal or penalty from any agent or
officer of CYFD and that these rights cannot be diminished or denied for
disciplinary reasons.
[8.14.20.9
NMAC - Rp, 8.14.1.30 NMAC, 6/1/2010]
8.14.20.10 CLIENT PRIMARY LANGUAGE: If a client’s primary language is a language
other than English, the client may speak that language at any time that English
is allowed except for when doing so would interfere with programming or
communication, such as in classroom or group discussions, group activities, or
when speaking with a staff member who does not understand the client’s primary
language.
[8.14.20.10
NMAC - N, 6/1/2010]
8.14.20.11 CLIENT RIGHT TO TELEPHONE USE: To maintain ties with the community, each
client in the care and custody of juvenile justice services shall have access
to a telephone to make and receive personal telephone calls with frequency and
time allotments subject only to the facility schedule and their respective program evaluation level.
[8.14.20.11
NMAC - N, 6/1/2010]
8.14.20.12 CLIENT RIGHT TO CORRESPONDENCE: To maintain ties with the community, clients
in the care and custody of juvenile justice services have the right to send and
receive written correspondence with members of their family and other persons
or organizations subject only to the limitations necessary to maintain order
and security of the facility. Clients
are also allowed to send and receive packages subject to procedure.
[8.14.20.12
NMAC - N, 6/1/2010]
8.14.20.13 CLIENT RIGHT TO VISITATION: To maintain ties with the community, each
client in the care and custody of juvenile justice services shall have the
right of regular visitation with frequency and time allotments subject only to valid safety and security
concerns, the facility schedule and their respective program evaluation level. Visitation shall foster the ability for
informal communication, including the opportunity for physical contact, unless
otherwise directed by the superintendent for cause.
[8.14.20.13
NMAC - N, 6/1/2010]
8.14.20.14 CLIENT PERSONAL GROOMING: Juvenile justice services regulates personal
grooming at the least restrictive level necessary and allows clients freedom in
personal grooming unless a safety, security, identification or hygienic
interest justifies otherwise.
[8.14.20.14
NMAC - N, 6/1/2010]
8.14.20.15 RIGHT OF GRIEVANCE COMPLAINT AND
APPEAL: The
client grievance and appeal procedure is written and made available to all
clients and families and includes at least one level of appeal. The published
process for submitting a grievance is posted and grievance boxes are provided
nearby in conspicuous places for clients and families in each living unit and
common areas. Grievances are transmitted confidentially and without alteration,
interference, or delay to the party responsible for receipt and investigation.
A written report on the final disposition of a grievance is prepared and filed,
and a copy given to the client.
[8.14.20.15 NMAC - N,
6/1/2010]
8.14.20.16 RULES OF CONDUCT: Juvenile justice services provides clients
written rules of conduct and the consequences followed when rules are broken. All consequences are carried out promptly and
are guided by Cambiar philosophy.
[8.14.20.16
NMAC - N, 6/1/2010]
8.14.20.17 CLIENT LABOR AND FACILITY WORK
PROGRAMS: Under the supervision of juvenile justice services,
able bodied clients are expected to participate in uncompensated work
associated with the care of the facility or for assigned community justice
restoration or restitution programs. Clients shall not perform work prohibited
by state or federal laws pertaining to child labor, nor be allowed to perform
work assignments that expose them to dangerous working conditions. In addition, no private organization or
individual may profit from client labor unless the client has been approved to
participate in a community work program at the prevailing rate or assigned an
approved facility work assignment with specified compensation.
[8.14.20.17
NMAC - N, 6/1/2010]
8.14.20.18 CLIENT RELIGIOUS FREEDOM: All juvenile justice services facilities
recognize the individual client right to adhere to the tenements of his/her
religion or faith. Subject only to limitations
necessary to maintain safety and security, clients shall have access to
religious literature, to representatives of faith, and to religious counseling.
Participation in religious programs and activities is voluntary. Each facility shall provide adequate space
and plan and coordinate religious activities. No particular religious faith
shall be endorsed or required; nor shall any client be punished, disciplined or discriminated against for participation
or non-participation in religious or spiritual activities. Religious activities or participation may
never be denied or attendance required solely for disciplinary reasons or as
punishment.
[8.14.20.18
NMAC - N, 6/1/2010]
8.14.20.19 CLIENT PROPERTY: Juvenile justice services governs the control
and safeguarding of client personal and state issued property. Allowable personal property shall be itemized
in a written list that becomes part of the client’s permanent record. Clients are prohibited from trading, loaning,
selling or possessing property approved for another client. In addition, juvenile
justice services issues required property to clients including clothing that is
properly fitted, climatically suitable, durable, and presentable.
[8.14.20.19
NMAC - N, 6/1/2010]
8.14.20.20 CLIENT HYGIENE AND LAUNDRY
SERVICES: Juvenile justice services’ sanitation and
hygiene program complies with applicable state or federal regulations and
protects the health and safety of clients and staff. This includes regular sanitation inspections,
appropriate waste disposal, control of vermin, regular housekeeping, an
appropriate supply of bedding, clothing and linens, client hair care services,
scheduled access to showering or bathing facilities, and laundry services that
ensure that clients have three sets of clean clothing per week.
[8.14.20.20
NMAC - N, 6/1/2010]
8.14.20.21 RECREATION PLAN: Juvenile justice services provides clients
with an organized and planned calendar of recreational and leisure time
activities, supervised by qualified staff, to maintain good morale, improve
physical fitness and well-being, teach leisure time skills, prevent idleness
and reinforce cooperation and sportsmanship.
[8.14.20.21
NMAC - N, 6/1/2010]
8.14.20.22 CLIENT VIEWING, LISTENING AND
READING MATERIALS:
Juvenile justice
services provides and encourages clients to use personal media materials,
including books, magazines, movies, television programs, audiotapes and discs
that are age-appropriate and beneficial to the growth, wholesome entertainment
and education of clients in its care and custody. Materials that are
pornographic, excessively violent, or which threaten the order, safety or
security of the facility are prohibited.
[8.14.20.22
NMAC - N, 6/1/2010]
8.14.20.23 FOOD SERVICE: Juvenile justice services provides for meals
that are nutritionally balanced, well planned, and prepared and served in a
manner that meets the rules and regulations set forth by the New Mexico environment
department or other recognized health authority. Menus are reviewed by a registered dietician,
include appropriate medical or religious substitutions, and the food provided
shall be regularly monitored for flavor, texture, temperature, appearance and
palatability. Food is never used as a
disciplinary measure.
[8.14.20.23
NMAC - N, 6/1/2010]
8.14.20.24 PROCEDURES: The juvenile justice services director will
make appropriate procedures available to the public but reserves the right to
add, delete or modify procedures under the client rights and services policy
without notice or comment in furtherance of the mission and goals of the
department or service area.
[8.14.20.24
NMAC - N, 6/1/2010]
HISTORY OF 8.14.20 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.