N.M. Admin. Code § 8.10.3.11

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

Section 8.10.3.11 - INVESTIGATION REQUIREMENTS - CHILD VICTIM AND OTHER CHILDREN

A. The PSD worker shall interview and observe the alleged child victim and all other children in the household during the investigation. A parent, guardian or custodian may refuse the PSD worker permission to interview or observe the child. If access is denied, the PSD worker shall determine whether it is necessary to contact law enforcement or obtain a court order to ensure the safety of the child. The following applies based on the site at which the interview will take place.

(1) Interviews at home: Children contacted at home shall be interviewed only with the permission of the parent, guardian or custodian.

(2) Interviews at public schools: Public schools are required by the Children's Code, Section 32A-4-5(C) NMSA 1978, to permit the PSD worker to interview children involved in a PSD investigation without obtaining the permission of the parent of guardian.

(3) Interviews at private schools or in childcare homes and facilities:

(a) a private school or childcare home or facility may deny permission for the PSD worker to interview the child on the facility grounds, and

(b) if permission is denied by the private school or childcare home and by the parent, guardian or custodian and exigent circumstances are believed to exist, PSD shall determine whether to contact law enforcement or obtain a court order.

B. The PSD worker shall conduct all interactions with alleged child victims and child witnesses in a child sensitive manner that takes into consideration the special needs of the child, the child's ability, age, language and intellectual maturity and protects the child's privacy.

C. The PSD worker shall inform all children that their participation in the interview is voluntary. Children 14 years of age and older must agree to participate in the interview even when the PSD worker has obtained permission from the parent, guardian, or custodian.

D. The PSD worker shall arrange for any medical, mental health, or other evaluations or examinations as required during the investigation. Consent is required from the parent, guardian or custodian for any non-emergency medical, mental health or other evaluations, examinations or assessments. Children 14 years of age or older must also consent to services.

N.M. Admin. Code § 8.10.3.11

8.10.3.11 NMAC - N, 03/31/10; A, 02/29/12, Adopted by New Mexico Register, Volume XXVI, Issue 18, September 29, 2015, eff. 9/29/2015