N.M. Admin. Code § 8.10.2.7

Current through Register Vol. 35, No. 21, November 5, 2024

Section 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.

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.

D."Children's Code" refers to the New Mexico Children's Code, Section 32A NMSA 1978.

E."Child vulnerability" refers to conditions resulting in the child's ability to protect them self from identified danger indicators.

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, danger indicators and parent, guardian or custodian 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.

H."Custodian" as defined in the Children's Code, Subsection E of Section 32A-1-4 NMSA 1978, means an adult with whom the child lives who is not a parent or guardian of the child.

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.

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.

M."Guardian" as defined in the Children's Code, Subsection I of Section 32A-1-4 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.

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.

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.

R."Intake" refers to the process by which intake workers receive, screen and prioritize reports of alleged child abuse or neglect.

S."Parent" as defined in the Children's Code, Subsection P of Section 32A-1-4 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.

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.

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.

V."Prioritization" is the assignment of a time frame for PSD to initiate an investigation based upon the reported danger indicators to the child, the age of the child and the safety planning 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.

X."Safety Planning capacities" are those assets possessed by the caregiver that reduce or control the identified danger indicators. 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.

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

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-1N MSA 1978.

AA."Report" is a verbal or written presentation of information alleging child abuse or neglect that is received by an intake worker.

BB."Reporter" refers to any individual who has contacted statewide central intake (SCI) to make a report of alleged child abuse or neglect.

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.

DD."Safe haven site" as defined by Subsection F of Section 24-22-2 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.

EE."Screened in report" is a report that has met PSD's criteria for acceptance for investigation.

FF."Screened out report" is a report that has not met PSD's criteria for acceptance for investigation.

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.

HH."Witness" refers to a person who has a firsthand account of an event that is relevant to a PSD abuse and neglect investigation.

N.M. Admin. Code § 8.10.2.7

8.10.2.7 NMAC - Rp, 8.10.2.7 NMAC, 03/31/10; A, 02/29/12, Amended by New Mexico Register, Volume XXVI, Issue 18, September 29, 2015, eff. 9/29/2015, Amended by New Mexico Register, Volume XXXII, Issue 10, May 25, 2021, eff. 5/25/2021