N.M. Code R. § 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.
Notes
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