TITLE
8 SOCIAL SERVICES
CHAPTER
10 CHILD PROTECTIVE SERVICES
PART 6 IN-HOME SERVICES
8.10.6.1 ISSUING AGENCY: Children, Youth and Families
Department (CYFD), Protective Services Division (PSD).
[8.10.6.1
NMAC - Rp, 8.10.6.1 NMAC, 03/15/16]
8.10.6.2 SCOPE: Protective services division
employees and the general public.
[8.10.6.2
NMAC - Rp, 8.10.6.2 NMAC, 03/15/16]
8.10.6.3 STATUTORY AUTHORITY: Children, Youth and Families
Department Act, Subsection D of 9-2A-7 NMSA 1978; New Mexico Children’s Code,
Section 32A-1-1 NMSA 1978.
[8.10.6.3
NMAC - Rp, 8.10.6.3 NMAC, 03/15/16]
8.10.6.4 DURATION: Permanent.
[8.10.6.4
NMAC - Rp, 8.10.6.4 NMAC, 03/15/16]
8.10.6.5 EFFECTIVE DATE: March 15, 2016, unless a later
date is cited at the end of a section.
[8.10.6.5
NMAC - Rp, 8.10.6.5 NMAC, 03/15/16]
8.10.6.6 OBJECTIVE: To establish guidelines for the
provision of in-home services to families at high or moderate risk, or with a
child under the age of three, to reduce risk of maltreatment and to promote the
continued safety of children.
[8.10.6.6
NMAC - Rp, 8.10.6.6 NMAC, 03/15/16]
8.10.6.7 DEFINITIONS:
A. “Abused child” as defined in the Children’s Code, Subsection B of 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.
B. “Case management” is a service provided to the
clients that includes, but is not limited to, assessment of needs, reports,
monitoring of progress, coordination of services, facilitation of inter-agency
collaboration and documentation of efforts to meet the client’s needs.
C. “Client” means a person who is receiving services
from PSD.
D. “Community resources” are agencies, contractors,
individuals, and community organizers that deliver services or other support
for clients during and after PS involvement.
E. “Conditionally safe” means that one or more safety
threats have been identified that places the child in present or impending
danger of serious harm, however one or more protective capacities has been
identified to offset, mitigate or control the threat of present or impending
danger of serious harm.
F. “Custodian” as
defined in the Children’s Code, Subsection E of 32A-1-4 NMSA 1978, means an
adult with whom the child lives who is not a parent or guardian of the child.
G. “CYFD” refers
to the New Mexico children, youth and families department.
H. “Direct service” is a service provided by PSD staff
to an individual or family that supports one or more goals in the family plan.
I. “Emergency discretionary funds (EDF)” are funds used
to secure services or items necessary to achieve goals of the family plan.
J. “Engagement”
refers to the family’s commitment to the PSD intervention and subsequent
involvement of the family with PSD and community resources throughout the case.
K. “FACTS” refers to the family automated client
tracking system (FACTS), the official data management system for CYFD.
L. “Family assessment” is a collaborative effort between
PSD workers and the family to assess the family’s needs and protective
capacities based upon identified safety threats and risk factors.
M. “Family centered meeting” is a facilitated meeting where PSD workers and supervisors meet
with parents, guardians and others for the purpose of safety planning, case
planning and decision making.
N. “Family plan” is a plan developed by PSD in
collaboration with each household member, based on the information collected
through the family assessment, which identifies the specific changes in
behaviors and circumstances that are expected as a result of the in-home
services intervention.
O. “Foster care
candidate” is a child who is at serious risk of removal from home where PSD
is either pursuing the child’s removal from the home or making reasonable
effort to prevent the child’s removal from the home.
P. “Guardian” as defined in the Children’s
Code, Subsection I of 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.
Q. “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.
R. “In-home services” (IHS) are services provided
without court intervention that are expected to enhance the family’s ability to
function independently of PSD, improve safety for children, create stability
within the home, and develop healthy and supportive on-going community
relationships.
S. “Neglected child”
as defined in the Children’s Code, Subsection E of 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, Section 32A-1-1 NMSA 1978, 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.
T. “Parent” as defined in the Children’s Code, Subsection
O of 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.
U. “Placement” is an out of home residential arrangement for the care of
children in PSD custody, which may include, but is not limited to family foster
care, relative foster care and treatment foster care, or a facility such as
residential treatment center, group home, or emergency shelter.
V. “Present danger”
means immediate, significant and observable severe harm or threat of severe
harm that is presently occurring to a child and requiring an immediate
protective services response.
W. “Protective
capacities” are those assets possessed by the parent or guardian that help
reduce, control or prevent present or impending danger of serious harm to a
child.
X. “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.
Y. “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 his or her parent, guardian, or custodian.
Z. “Safe” as used in this policy means that there are no
safety threats placing the child in present or impeding danger of serious harm.
AA. “Safety plan” is a document that
identifies the strategy or group of strategies implemented to control a safety
threat. It is the intrusion into family life in the form of ongoing assessment
and specific strategies designed to match the duration and level of the safety
threat up to including the removal of the child from the home.
BB. “Structured decision making (SDM)
instruments” are standardized
assessments located in FACTS that the worker completes to determine the child’s
safety and risk of abuse or neglect based upon the application of
pre-determined criteria.
CC. “Unsafe” means
that one or more safety threats have been identified that place the child in
present or impending danger of serious harm and there are not sufficient
protective capacities to offset, mitigate or control the threat of present or
impeding danger of serious harm.
DD. “Voluntary service intake (VSI)” is the category under
which an IHS case is opened in FACTS.
[8.10.6.7
NMAC - Rp, 8.10.6.7 NMAC, 03/15/16]
8.10.6.8 PURPOSE OF IN-HOME SERVICES:
A. The purpose of IHS
is to promote the safety of children and reduce the risk of the recurrence of
abuse or neglect of children by their parents, guardians or custodians without
the intervention of the courts.
B. A child may not
be determined to be safe or conditionally safe solely on the basis of the
provision of IHS.
[8.10.6.8
NMAC - Rp, 8.10.6.8 NMAC, 03/15/16]
8.10.6.9 ELIGIBILITY:
A. A family is eligible to receive IHS without regard to income.
B. A family may be
eligible to receive IHS when:
(1) the child has been determined to be conditionally safe and
the risk of child abuse or neglect has been determined to be moderate or high;
or
(2) the child has been determined to be unsafe and the risk of
child abuse or neglect has been determined to be very low, low, moderate, or
high.
C. Parents who are
involved in an active legal case through an abuse or neglect petition or a
voluntary placement are ineligible for IHS.
[8.10.6.9
NMAC - Rp, 8.10.6.9 NMAC, 03/15/16]
8.10.6.10 FOSTER
CARE CANDIDACY DETERMINATION:
A. The IHS practitioner shall make a foster care
candidacy determination for each child in a family receiving IHS. A child may
be considered a foster care candidate when a child is determined to be
conditionally safe and the risk of maltreatment is moderate or high, or when a
child is determined to be unsafe.
B. A child may be
determined to be a foster care candidate at any point during the IHS case when
there has been a change in a family’s circumstances that affects the safety of
a child.
C. Once a child has
been initially determined a foster care candidate, then the foster care
candidacy is re-determined for the child every six months.
[8.10.6.10
NMAC - Rp, 8.10.6.10 NMAC, 03/15/16]
8.10.6.11 CASE TRANSFER TO IN-HOME
SERVICES:
A. IHS
are assigned within five calendar days of the
disposition of the investigation.
B. The investigation is closed within five calendar days
of case transfer to an IHS practitioner.
[8.10.6.11
NMAC - Rp, 8.10.6.11 NMAC, 03/15/16]
8.10.6.12 DURATION OF SERVICE DELIVERY: IHS case interventions are
provided for a maximum of 180 days, unless the IHS practitioner requests the
county office manager grant a 45 day extension. The IHS practitioner documents
that an extension of services would assist the family in achievement of goals,
reduce the risk of recurrent abuse or neglect, and ensure the child is safe, conditionally
safe. No more than three 45 day extensions will be granted.
[8.10.6.12
NMAC - N, 03/15/16]
8.10.6.13 PROVISION OF SERVICES:
A. No waiting list is established or maintained for IHS.
B. Families participate in safety related IHS without
court intervention.
C. Services are provided to the family based on assessment
of safety of the child and risk of abuse or neglect to the child by the parent,
guardian or custodian. Services provided to the family utilize family
strengths, family resources, community resources, and PSD resources.
D. PSD favors the use of family and community services
over direct services whenever possible and appropriate.
E. IHS are delivered as a
collaborative effort between PSD, the family, and community partners.
[8.10.6.13
NMAC - Rp, 8.10.6.12 NMAC, 03/15/16]
8.10.6.14 FAMILY CONTACT:
A. The IHS practitioner schedules the initial
face-to-face contact with the family within 72 hours from transfer of the case
to IHS.
B. The IHS practitioner shall meet with the family at
least weekly through the duration of the case.
C. When determining the meeting frequency and other
types of intervention, safety of the child is always the first consideration.
D. If the IHS practitioner
identifies a non-participating or absent parent, guardian or custodian the practitioner
shall meet with their supervisor.
[8.10.6.14
NMAC - Rp, 8.10.6.13 NMAC, 03/15/16]
8.10.6.15 IN-HOME FAMILY ASSESSMENT, SAFETY
AND FAMILY PLANS:
A. The IHS practitioner, in collaboration with the family, completes a
family assessment and develops a safety plan and family plan.
B. The IHS practitioner, in collaboration with the
family, reviews and updates the family’s safety plan, addressing all
individuals in the family.
C. The IHS practitioner completes a family assessment
and family plan for all IHS cases.
[8.10.6.15
NMAC - Rp, 8.10.6.14 NMAC, 03/15/16]
8.10.6.16 CASE STAFFING AND ON-GOING
ASSESSMENT: IHS practitioners
utilize staffing and conferences to develop, assess, or review plans and to
review services and the safety of a child.
[8.10.6.16
NMAC - Rp, 8.10.6.15 NMAC, 03/15/16]
8.10.6.17 EMERGENCY DISCRETIONARY FUNDS
(EDF): PSD may
use EDF to assist the family with the goals identified in the family plan to
reduce safety and risk factors for children in the home. EDF, when related to
safety and risk, can be used to purchase products or services such as rent or
rent deposits, utilities, clothing, transportation, food, home or car repair,
and appliance repair. EDF are dispersed according to the emergency
discretionary fund manual.
[8.10.6.17
NMAC - Rp, 8.10.6.16 NMAC, 03/15/16]
8.10.6.18 SUBSEQUENT REPORTS OF ABUSE OR
NEGLECT: If a
report is made to statewide central intake when there is reason to believe
abuse or neglect has occurred subsequent to the original report that resulted
in providing IHS, then a new investigation will occur. A new investigation does
not disqualify a family from receiving IHS. PSD may continue to provide IHS
during and after an investigation resulting from additional child abuse or
neglect allegations if the safety of a child can be ensured.
[8.10.6.18
NMAC - Rp, 8.10.6.17 NMAC, 03/15/16]
8.10.6.19 FAMILY REFUSAL OF IN-HOME
SERVICES: A
decision by the family to refuse or withdraw from services does not constitute
abuse or neglect. When the
family refuses IHS, the IHS practitioner, in consultation with the supervisor,
reviews the results of the safety and risk assessments as well as other
pertinent information to determine if PSD should pursue involuntary service
through a court order.
[8.10.6.19
NMAC - Rp, 8.10.6.18 NMAC, 03/15/16]
8.10.6.20 FAMILY WITHDRAWAL FROM IN-HOME
SERVICES: When
the family withdraws after beginning IHS, the practitioner shall conduct a
safety assessment and a risk assessment and review the results. The practitioner
also considers information from the investigation, as well as other pertinent
information, to determine an appropriate course of action. Action may include,
but is not limited to:
A. revision of the IHS family plan;
B. report of the family to statewide central
intake (SCI);
C. case
closure; or
D. pursuit of involuntary services
through a court order.
[8.10.6.20
NMAC - Rp, 8.10.6.18 NMAC, 03/15/16]
8.10.6.21 CASE CLOSURE: IHS cases may be closed with no
further intervention from PSD when the structured decision making instruments
are completed and:
A. the safety assessment
instrument documents that the child is safe, or conditionally safe;
B. the safety
assessment and risk assessment instruments document either no escalation of
risk, or a decrease in the risk level;
C. the goals of the
family plan have been achieved; or
D. the family
withdraws from services.
[8.10.6.21
NMAC - Rp, 8.10.6.20 NMAC, 03/15/16]
8.10.6.22 CASE DOCUMENTATION: Case plans, case contracts, and
supervisory consultations are documented in FACTS.
[8.10.6.22
NMAC - Rp, 8.10.6.21 NMAC, 03/15/16]
HISTORY OF 8.10.6 NMAC:
Pre-NMAC History: [RESERVED]
History of Repealed Material:
8 NMAC
10.6, Family Preservation Services, filed 6/16/97 - Repealed effective 11/15/05.
8.10.6
NMAC, In-Home Services, filed 11/1/2005 - Repealed effective 10/30/08.
8.10.6
NMAC, In-Home Services, filed 10/30/08 - Repealed effective 3/15/16.