TITLE 8 SOCIAL SERVICES
CHAPTER 10 CHILD
PROTECTIVE SERVICES
PART 2 PROTECTIVE
SERVICES INTAKE
8.10.2.1 ISSUING
AGENCY: Children, Youth and Families Department (CYFD),
Protective Services Division (PSD).
[8.10.2.1 NMAC - Rp, 8.10.2.1 NMAC, 3/31/2010]
8.10.2.2 SCOPE: Protective
services employees and the general public.
[8.10.2.2 NMAC - Rp, 8.10.2.2 NMAC, 3/31/2010]
8.10.2.3 STATUTORY
AUTHORITY: Children, Youth and Families Department
Act, 9-2A-7 D, NMSA 1978; New Mexico
Children’s Code, Section 32A-1-1, NMSA 1978 (2009 Cum. Supp.)
[8.10.2.3 NMAC - Rp, 8.10.2.3 NMAC, 3/31/2010]
8.10.2.4 DURATION: Permanent.
[8.10.2.4 NMAC - Rp, 8.10.2.4 NMAC, 3/31/2010]
8.10.2.5 EFFECTIVE
DATE: March 31, 2010, unless a later date is cited
at the end of a section.
[8.10.2.5 NMAC - Rp, 8.10.2.5 NMAC, 3/31/2010]
8.10.2.6 OBJECTIVE: To
establish provisions for accepting reports of alleged child abuse or neglect.
[8.10.2.6 NMAC - Rp, 8.10.2.6 NMAC, 3/31/2010]
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 themself 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-1NMSA 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.
[8.10.2.7 NMAC - Rp, 8.10.2.7 NMAC, 3/31/2010; A, Same as
previous comment.; A, 9/29/2015; A,
5/25/2021]
8.10.2.8 PURPOSE OF INTAKE SERVICES: The
purpose of child protective services intake is to:
A. receive
reports of alleged child abuse or neglect;
B. determine if the situation reported may constitute abuse or neglect as defined by the Children’s Code, Subsection B of Section 32A-4-2 and Subsection E of Section 32A-4 NMSA 1978;
C. determine if an investigation by PSD and a referral to another agency is warranted;
D. determine if a referral to the New Mexico family resource connection (NMFRC) program is warranted; and
E. receive reports of incidents involving children in placements and determine if such reports warrant an investigation.
[8.10.2.8 NMAC - Rp, 8.10.2.8 NMAC, 3/31/2010; A, 2/29/2012; A,
5/25/2021]
8.10.2.9 ELIGIBILITY:
A. Any child up to age 18, shall be eligible for protective services
intake.
B. All individuals are required by the Children’s Code, Section 32A-4-3(A)
NMSA 1978 to report suspected child abuse or neglect to SCI or law enforcement
if they know, or have a reasonable suspicion a child has been abused or
neglected.
[8.10.2.9 NMAC - Rp, 8.10.2.9 NMAC, 3/31/2010; A, 2/29/2012; A,
9/29/2015; A, 5/25/2021]
8.10.2.10 PROVISION
OF INTAKE SERVICES:
A. PSD
intake workers shall be available to receive reports of suspected child abuse
or neglect 24 hours a day, seven days a week, including reports involving
suspected abuse or neglect of children in in PSD custody.
B. PSD
intake workers shall accept reports from individuals wishing to remain
anonymous.
C. Intake
services shall be conducted by CYFD employees designated as PSD intake workers.
D. PSD
intake workers shall collect sufficient information from the reporter in order
to make a screening decision.
E. PSD
intake workers shall assign a priority to screened-in reports as outlined in
8.10.2.13 NMAC.
F. PSD
intake supervisors shall review all screening and prioritization decisions.
G. Once
approved by the PSD intake supervisor, the intake worker shall assign
screened-in, prioritized reports to the appropriate county office for
investigation within the timelines established by PSD.
H. Designated
PSD intake workers may complete a national crime information center (NCIC)
check on alleged perpetrators of child abuse or neglect.
I. PSD
intake workers shall send all screend out reports to the New Mexico family
resource connection (NMFRC) supervisor.
[8.10.2.10 NMAC - Rp, 8.10.2.10 NMAC, 3/31/2010; A, 2/29/2012; A,
5/25/2021]
8.10.2.11 PROTECTION
OF THE IDENTITY OF REPORT SOURCES: PSD workers shall ask the
reporting source if they wish to remain anonymous. If so, the reporter’s name shall be entered as
anonymous and PSD shall protect the identity or identifying information of
reporting sources and shall not disclose the reporter’s identity, absent the
consent of the reporter or a court order.
[8.10.2.11 NMAC - Rp, 8.10.2.11 NMAC, 3/31/2010; A, 2/29/2012; A,
5/25/2021]
8.10.2.12 INTAKE
SCREENING DECISION:
A. PSD intake workers make
screening decisions on all reports received.
Screening decisions shall be made on all reports within established time
frames. All screening decisions are
staffed with an intake supervisor.
B. PSD intake workers shall use
information received from the reporting source, information from collateral
contacts as available, and results of the abuse and neglect check to assist in
making the intake screening decision.
C. PSD
intake workers utilize the New Mexico safety tool to determine the priority of
the screened-in report.
D. PSD
intake workers shall ask the reporting source for contact information and shall
inform the reporting source of the intake screening decision, if requested by
the reporting source.
[8.10.2.12 NMAC - Rp, 8.10.2.12 NMAC, 3/31/2010; A, 2/29/2012; A,
5/25/2021]
8.10.2.13 PRIORITIZATION:
Intake workers shall prioritize accepted reports as follows:
A. Emergency
report (E): A report alleging a danger
indicator involving a vulnerable child, including but not limited to an
abandoned infant or child, any physical injury to an infant, a potentially life
threatening situation, recent sexual abuse, a law enforcement request for
immediate response, and recent serious trauma, such as a head injury, burns, or
broken bones. An emergency report requires
an investigation be initiated within three hours of the SCI supervisor’s
screening decision.
B. Priority
one report (P1): A report alleging
physical injury involving a vulnerable child who is in a safe environment at
the time of the report, or a report alleging a danger indicator involving a
vulnerable child but where the alleged perpetrator will not have access to the
child for the next 24 hours. A priority
one report requires an investigation be initiated within 24 hours of the SCI
supervisor’s screening decision.
C. Priority
two report (P2): A report alleging
danger indicators involving a vulnerable child with no immediate concern for
the child’s safety. This may include,
but is not limited to, alleged physical abuse with no indication of injury or
alleged abuse or neglect where the alleged perpetrator no longer has access to
the child or a protective parent guardian or custodian has already
intervened. A priority two report
requires an investigation be initiated within five calendar days of the SCI
supervisor’s screening decision.
D. Custody of a safe haven infant: When SCI receives a report that an infant has been left under the provision of the Safe Haven Act at a safe haven site, as defined above at 8.10.2.7 NMAC, the children, youth and families department through its protective services division is deemed to have emergency custody of that infant. Law enforcement is not notified and a law enforcement investigation or 48 hour hold is not required.
[8.10.2.13 NMAC - Rp, 8.10.2.13 NMAC, 3/31/2010; A, 2/29/2012; A,
9/29/2015; A, 5/25/2021]
8.10.2.14 CROSS
REPORTING AND NOTIFICATION:
A. PSD intake workers shall cross report all reports to the appropriate
law enforcement agency pursuant to the New Mexico Children’s Code Section
32A-4-3(B) NMSA 1978.
B. When the alleged perpetrator of abuse or neglect is not a parent ,
guardian or custodian, the PSD worker shall collect the information from the
reporting source and informs them that they will refer the allegation to the
appropriate local law enforcement agency.
C. When
the report received involves an Indian child on a reservation or pueblo, PSD
intake workers shall immediately transmit the information to the appropriate
tribal authority, such as tribal law enforcement or tribal social services.
D. When
SCI receives a report alleging abuse or neglect of a child residing in a
facility, or a child not in custody residing outside of their home, the intake
worker shall screen out the report and email the report to the CYFD licensing
and certification authority and to the CYFD office of inspector general.
E. When
the PSD intake worker receives a report that meets a screened-out criteria,
they shall send the report to the New Mexico family resource connection program
for further evaluation.
[8.10.2.14 NMAC - Rp, 8.10.2.14 NMAC, 3/31/2010; A, 2/29/2012; A,
9/29/2015; A, 5/25/2021]
8.10.2.15 HIGH
PROFILE CASE, SERIOUS INJURY AND CHILD FATALITIES: SCI
shall initiate an internal notification protocol within CYFD when a SCI
supervisor has determined a report involves a serious injury, child fatality or
may be a high profile case.
[8.10.2.15 NMAC - N, 9/29/2015]
8.10.2.16 DOCUMENTATION
REQUIREMENTS FOR INTAKE:
A. PSD intake workers shall make a record of all reports received
regarding alleged child abuse or neglect.
B. PSD shall maintain records of all reports as follows:
(1) Screened out reports shall be
maintained for one year after date of last activity concerning client, as
required by Subsection D of 1.18.690.31 NMAC.
(2) Accepted reports shall be maintained
as part of the investigation case record for 18 years after case closure, as
required by Paragraph (2) of Subsection D of 1.18.690.30 NMAC.
[8.10.2.16 NMAC - Rp, 8.10.2.15 NMAC, 9/29/2015]
8.10.2.17 NEW MEXICO FAMILY RESOURCE CONNECTIONS
(NMFRC) PROCESS: If a report
alleging abuse or neglect meets the criteria established pursuant to section
32A-4-4.1 NMSA 1978, the department shall refer the case to the New Mexico
family resource connection (NMFRC) program.
The New Mexico family resource connection is a 30 day program within
statewide central intake (SCI) that assists in coordinating prevention services
to families who do not meet an investigation criteria. All screened out reports shall be referred to
the NMFRC program. This program may
include an alternative to investigation upon completion of an evaluation that
may be completed at intake by the department, the results of which indicate
there is no immediate concern for the child’s safety.
A. The
department may remove a case from the NMRC program if there are any danger
indicators identified that place the child in immediate danger. Conversely, the department may reassign a
case from investigations to the NMFRC program, at the department’s discretion.
B. Each
family participating in the NMFRC shall receive a family assessment. Based on the results of the assessment, the
department may offer or provide referrals for service. A family member may choose to accept or
decline any services or programs offered through the NMFRC program.
[8.10.2.17 NMAC – N, 5/25/2021]
8.10.1.18 REACH NEW MEXICO CHILD AND YOUTH TEXTING
PROGRAM: REACH New Mexico is a PSD
confidential texting program available for all children and youth residing in
the state of New Mexico. REACH NM is a
program held within the statewide central intake division. The texting program allows for any child or
youth in New Mexico to safely report to PSD if they are the victim of abuse or
neglect in their household. A REACH
worker shall engage in a text conversation with the child or youth to obtain
information and provide support to the youth.
After obtaining all of the information, the REACH worker shall either
make a SCI report or refer the child or youth to the New Mexico family resource
connections (NMFRC) program.
[8.10.2.18 NMAC - N, 5/25/2021]
HISTORY OF 8.10.2 NMAC:
Pre-NMAC History: The
material in this part was derived from that previously filed with the State
Records Center and Archives:
SSD Rule #410.0000, Protective Services to Children, filed 11/10/1981;
SSD 4.0.0, Child Protective Services - Definition and Goal Statement,
filed 8/22/1986;
SSD 4.0.0, Child Protective Services - Definition and Goal Statement,
filed 3/28/1989;
SSD 4.1.0, Child Protective Services - General Provisions, filed 8/22/1986;
SSD 4.1.0, Child Protective Services - General Provisions, filed 1/29/1987;
SSD 4.1.0, Child Protective Services - General Provisions, filed 6/18/1987;
SSD 4.1.0, Child Protective Services - General Provisions, filed 3/28/1989;
SSD 4.1.0, Child Protective Services - General Provisions, filed 9/14/1989;
SSD 4.1.0, Child Protective Services - General Provisions, filed 9/18/1990;
SSD 4.2.0, Child Protective Services - General Guidelines, filed 8/22/1986;
SSD 4.2.0, Child Protective Services - General Guidelines, filed 3/28/1989;
SSD 4.3.0, Child Protective Services - Department Responsibilities,
filed 8/22/1986;
SSD 4.3.0, Child Protective Services - Department Responsibilities,
filed 11/18/1987;
SSD 4.3.0, Child Protective Services - Department Responsibilities,
filed 6/13/1988;
SSD 4.3.0, Child Protective Services - Department Responsibilities,
filed 3/28/1989;
SSD 4.3.0, Child Protective Services - Department Responsibilities,
filed 3/20/1990;
SSD 4.3.0, Child Protective Services - Department Responsibilities,
filed 9/18/1990.
History of Repealed Material:
8 NMAC 10.2, Protective Services Intake, filed 6/16/1997 - Repealed
effective 7/30/2004.
8.10.2 NMAC, Protective Services Intake, filed 7/16/2004 - Repealed
effective 11/15/2005.
8.10.2 NMAC, Protective Services Intake, filed 11/1/2005 - Repealed
effective 3/31/2010.
8.10.2 NMAC, Protective Services Intake, filed 3/31/2010 - Repealed
effective 9/29/2015.