N.M. Code R. § 8.10.3.7 - DEFINITIONS
A.
"Abandonment" as defined in the Children's Code, Section
32A-4-2(A)
NMSA 1978, includes instances when the parent, without justifiable cause:
(1) left the child without provision for the
child's identification for a period of 14 days; or
(2) left the child with other, including the
other parent or an agency, without provision for support and without
communication for a period of:
(a) three
months if the child was under six years of age at the commencement of the three
month period; or
(b) six months if
the child was over six years of age at the commencement of the six month
period.
B.
"Abused child" as defined in the Children's Code, Subsection B of
Section
32A-4-2 NMSA 1978,
means a child:
(1) who has suffered or who is
at risk of suffering serious harm because of the action or inaction of the
child's parent, guardian or custodian;
(2) who has suffered physical abuse,
emotional abuse or psychological abuse inflicted or caused by the child's
parent, guardian or custodian;
(3)
who has suffered sexual abuse or sexual exploitation inflicted by the child's
parent, guardian or custodian;
(4)
whose parent, guardian or custodian has knowingly, intentionally or negligently
placed the child in a situation that may endanger the child's life or health;
or
(5) whose parent, guardian or
custodian has knowingly or intentionally tortured, cruelly confined or cruelly
punished the child.
C.
"Administrative hearing" means a formal process in which the
client shall have an opportunity to present evidence to an impartial hearing
officer in accordance with CYFD's administrative appeals regulations 8.8.4
NMAC.
D.
"Administrative
review" is an informal process which may include an informal conference
or a record review, and does not create any substantive rights for the
family.
E.
"Accepted
report" is a verbal or written presentation of information concerning
the alleged abuse or neglect made to the protective services division (PSD) of
child abuse or neglect that falls within PSD's legal authority to
investigate.
F.
"Brief
respite" is a non-legal, voluntary placement of a child for a period of
no longer than five days. Brief respite occurs when a caregiver has asked a
family member, friend or other person in the family's life to care for the
child during a safety plan.
G.
"Caregiver" is a parent, guardian or custodian in the household
who provides care and supervision for the child.
H.
"Children's Code" refers to
the New Mexico State Statute, Chapter 32A NMSA 1978.
I.
"Child vulnerability" refers
to conditions resulting in the child's ability to protect themselves from
identified danger indicators.
J.
"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.
K.
"Complicating factors" are
conditions that make it difficult for a caregiver to create safety for their
child, but do not by themselves constitute danger.
L.
"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.
M.
"CYFD"
refers to the New Mexico children, youth and families department.
N.
"Danger indicators" are
conditions resulting in a child being exposed to harm or injury or being placed
at risk of harm or injury that could occur immediately.
O.
"Exigent circumstances" means
when there is credible information that a child is in danger of severe harm and
requires immediate protective services.
P.
"Emotional abuse" is an
observable behavior, activity, or words to intimidate, threaten, deride or
degrade the child that causes substantial impairment of the child's mental or
psychological ability to function.
Q.
"FACTS" refers to the family
automated client tracking system (FACTS), the official data and case management
system for CYFD.
R.
"Family" are caregivers, adults fulfilling the caregiver role,
guardians, children, and others related by ancestry, adoption, or marriage, or
as chosen by the family or child.
S.
"Fictive kin" is a person not
related by birth or marriage who has a significant relationship with the
child.
T.
"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.
U.
"Home
school" is the operation of a home study program by a parent as filed
with the public education department.
V.
"Household members" 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 (partner/significant other) but may not physically live in the home,
or a relative whom the caregiver allows authority in parenting and caregiving
decisions.
W.
"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.
X.
"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.
Y.
"Initiation" of an investigation is the face-to-face contact by a
PSD worker with the alleged victim, or documented diligent efforts to establish
face-to-face contact with the victim.
Z.
"Investigative decision" is a
determination of whether each allegation in the report is substantiated or
unsubstantiated, as defined herein at
8.10.3.17
NMAC.
AA.
"Investigation
disposition" is the determination of the level of involvement, if any,
of PSD with the family based upon an assessment of safety threats and
protective capacities, and considering the ongoing risk to the child and the
needs and strengths of the family.
BB.
"Neglected child" as defined
in the Children's Code, Subsection E Section
32A-4-2 NMSA 1978,
means a child:
(1) who has been abandoned by
the child's parent, guardian or custodian;
(2) who is without proper parental care and
control or subsistence, education, medical or other care or control necessary
for the child's well-being because of faults or habits of the child's parent,
guardian or custodian, or the failure or refusal of the parent, guardian or
custodian, when able to do so, to provide them;
(3) who has been physically or sexually
abused, the child's parent, guardian or custodian knew or should have known of
the abuse and failed to take reasonable steps to protect the child from further
harm;
(4) whose parent, guardian or
custodian is unable to discharge that person's responsibilities to and for the
child because of incarceration, hospitalization or physical or mental disorder
or incapacity; or
(5) who has been
placed for care of adoption in violation of the law; provided that nothing in
the Children's Code shall be construed to imply that a child who is being
provided with treatment by spiritual needs alone through prayer, in accordance
with the tenets and practices of a recognized church or religious denomination,
by a duly accredited practitioner thereof is for that reason alone a neglected
child within the meaning of the Children's Code; and further provided that no
child shall be denied the protection afforded to all children under the
Children's Code.
CC.
"New Mexico child safety and risk assessment" is the
research-based structured decision making tool child protective service workers
use to gather information on an abuse or neglect or in-home services case by
focusing on critical characteristics of a family to make informed safety
decisions.
DD.
"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.
EE.
"Parental
notice or notification" is an in-person or telephone notice to the
parent or legal guardian that their child will be or has been interviewed as
part of an investigation.
FF.
"Permission" is the consent for the child to participate in an
investigation.
GG.
"Physical
abuse" as defined in the Children's Code, Subsection F of Section
32A-4-2 NMSA 1978
includes, but is not limited to any case in which the child exhibits evidence
of skin bruising, bleeding, malnutrition, failure to thrive, burns, fracture of
any bone, subdural hematoma, soft tissue swelling or death and:
(1) there is not a justifiable explanation
for the condition or death;
(2) the
explanation given for the condition is at variance with the degree or nature of
the condition;
(3) the explanation
given for death is at variance with the nature of the death; or
(4) circumstances indicate that the condition
or death may not be the product of an accidental occurrence.
HH.
"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.
II.
"Protective
services division (PSD)" refers to the protective services division of
the children, youth and families department, and is the state's designated
child welfare agency.
JJ.
"Provider" refers to a person or agency providing services to a
PSD client.
KK.
"Private
school" is a public education department authorized school, including
private childcare, other than a home school, that is not under the control,
supervision or management of a local school board.
LL.
"PSD custody" means custody
of children as a result of an action occurring pursuant to the Children's Code,
32A-4 NMSA 1978 or 32A-3B and 34A-4 NMSA 1978.
MM.
"PSD worker" refers to a
person employed by the children, youth and families department, protective
services division.
NN.
"Public school" is a school that is under the control, supervision
or management of a local school district or the state board of education,
including charter schools.
OO.
"Reasonable efforts" as used in this policy refers to the
provision of services or other interventions to prevent the removal of the
child from the home, or if removal is required, to return the child home as
soon as possible.
PP.
"Report" is a verbal or written presentation of information
alleging child abuse or neglect that is received by an intake worker.
QQ.
"Relative" means a person
related to another person by birth, adoption or marriage, within the fifth
degree of consanguinity or affinity.
RR.
"Risk" is the term used to
describe PSD's assessment, based on established criteria, of the likelihood
that child will be abused or neglected by their parents, legal guardians or
custodian.
SS.
"Safe"
as used in this policy means there are no danger indicators placing the child
in a present or impending danger of serious harm.
TT.
"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.
UU.
"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.
VV.
"Safe with a
plan" is a New Mexico child safety assessment tool decision when one or
more danger indicators are present, however, the child can safely remain in the
home with a safety plan.
WW.
"Safety decision" is based on the presence of danger indicators
and safety planning capacities a family possesses that may offset, mitigate or
control those danger indicators. is a detailed strategy that outlines immediate
action steps the family and their network will take to help keep the child safe
from the identified danger indicators.
YY.
"Safety Planning capacities"
are those assets possessed by the caregiver that reduce or control the
identified danger indicators.
ZZ.
"Sexual abuse" as defined in the Children's Code, Subsection J of
Section
32A-4-2 NMSA 1978,
includes but is not limited to criminal sexual contact, incest or criminal
sexual penetration, as those acts are defined by state law.
AAA.
"Sexual exploitation" as
defined in the Children's Code, Subsection K of Section
32A-4-2 NMSA 1978
includes, but is not limited to:
(1)
allowing, permitting or encouraging a child to engage in
prostitution;
(2) allowing,
permitting or encouraging a child in obscene or pornographic photographing;
or
(3) filming or depicting a child
for obscene or pornographic commercial purposes, as those acts are defined by
state law.
BBB.
"Statewide central intake (SCI)" is the unit within PSD whose
responsibilities may include, but is 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.
CCC.
"Unsafe" is a New Mexico
child safety assessment tool decision when one or more danger indicators are
present and a safety plan cannot be created.
DDD.
"Witness" refers to a
person who has a firsthand account of an event that is relevant to a PSD abuse
and neglect investigation.
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.