TITLE 8 SOCIAL SERVICES

CHAPTER 14 JUVENILE JUSTICE

PART 10 TRANSITION SERVICES

8.14.10.1 ISSUING AGENCY: Children, Youth and Families Department

[8.14.10.1 NMAC - N, 04/30/10]

8.14.10.2 SCOPE: This rule applies to clients, children, youth and families department staff, health care and other providers administering care to clients in the facilities of the juvenile justice services of children, youth and families department, clients on supervised release, and clients consenting to receive services following discharge from supervised release.

[8.14.10.2 NMAC - N, 04/30/10]

8.14.10.3 STATUTORY AUTHORITY: NMSA 1978 Section 9-2A-7(D) (2005) authorizes the secretary of the children, youth and families department (CYFD) to adopt regulations as necessary to carry out the duties of the department. NMSA 1978 Section 32A-2-19(B) provides that delinquent children may be committed to the legal custody of the department for placement, supervision and rehabilitation and more generally NMSA 1978, Section 32A-2-1 et seq., (2005) the Delinquency Act, contains various provisions relating to the commitment and custody of delinquent children. NMSA 1978 Section 32A-2-23.1 delineates the authority of the releasing authority.

[8.14.10.3 NMAC - N, 04/30/10]

8.14.10.4 DURATION: Permanent.

[8.14.10.4 NMAC - N, 04/30/10]

8.14.10.5 EFFECTIVE DATE: 04/30/10, unless a later date is cited at the end of a section.

[8.14.10.5 NMAC - N, 04/30/10]

8.14.10.6 OBJECTIVE: To establish standards for providing transition services to youth released or discharged from a facility for the care and rehabilitation of delinquent children while on supervised release and after discharge from supervised release if consented to by the youth.

[8.14.10.6 NMAC - N, 04/30/10]

8.14.10.7 DEFINITIONS:

A. Community services reviewer refers to persons designated to review, coordinate, track, and ensure the provision of emergency wraparound funds for youth in transition services.

B. Culturally competent services refers to a service delivery system that is responsive to diversity and cultural differences related to age, race, ethnicity, gender, and sexual preference.

C. CYFD refers to the New Mexico children, youth and families department.

D. Director of community based behavioral health services refers to the person designated to provide management oversight, guidance, and direction for community based behavioral health care and community based rehabilitative services operated or funded by CYFD for youth on probation or supervised release.

E. Emergency wraparound funds refers to funds of last resort that have been identified for use primarily with juvenile justice clients who are in need of service or goods that will assist in the successful reintegration back into a community after release from a juvenile justice facility and secondarily, with juvenile justice clients on probation to support the successful completion of probationary agreements or plans of care.

F. Facility release panel (panel) is the departmental secretary-designated releasing authority that considers juveniles for supervised release.

G. FACTS refers to the family automated client tracking system, CYFD’s management information system.

H. Grievance system refers to systems and procedures available to youth to resolve grievances with transition services operations and staff.

I. Incident reporting refers to procedures in place to report events requiring JJS or CYFD response.

J. Facility refers to a facility operated by, or on behalf of, CYFD’s juvenile justice services, for purposes of housing and providing care for clients committed to the custody of CYFD.

K. Juvenile justice services (JJS) refers to the organizational unit within CYFD that operates juvenile justice facilities, and provides other services under the Delinquency Act, NMSA 1978, Section 32A-2-1 et seq. (2005).

L. Multi-disciplinary team refers to the team that meets at central intake and at the facility to develop, monitor, and revise client plans for placement and services. The team includes the client and family member(s), and behavioral health, education, medical, a security representative, the juvenile probation officer and a transition services coordinator if assigned.

M. Single entity for behavioral health services refers to the managed care organization that contracts with the state to manage the delivery of all publicly funded behavioral health services.

N. Transition services coordinator (TSC) means a person whose duties may include coordination of community and aftercare services for a client.

O. Transition services manager refers to the person designated to manage transition services, and to train, supervise, and evaluate transition services coordinators.

P. Transition services refers to the services provided for youth exiting the care and custody of CYFD. Services are youth and family-driven, with individualized case planning and community-based transition services using wraparound models. CYFD provides transition services based on best practices that are culturally competent, gender responsive, and built on the unique strengths and resiliency of youth and their families.

Q. Transition team refers to the team that meets to develop, monitor, and revise transition plans. Transition team includes the transition services coordinator, the facility multi-disciplinary team members, juvenile probation officer, the youth, family, and service providers involved with the youth and the transition plan.

R. Wrap around services refers to a service delivery system that utilizes community resources, is designed to fit the specific needs of the youth, promotes full youth and family engagement in the service delivery, and enhances the client’s ability to access resources after CYFD involvement.

[8.14.10.7 NMAC - N, 04/30/10]

8.14.10.8 TRANSITION SERVICES: Transition services are provided to maximize the youth’s opportunity to successfully transition into the community after discharge/release from a facility. Transition services are provided through transition services coordinators who work on a regional basis throughout the state. The transition services coordinator works intensively with the youth and their families through their commitment and discharge from supervised release and up to age 21 if consented to by the youth. When appropriate, transition services shall include linking clients with education, vocational education, job training, job placement services, medical and behavioral health services.

[8.14.10.8 NMAC - N, 04/30/10]

8.14.10.9 TRANSITION PLANNING: Transition services involve individualized transition planning. The transition plan identifies the goals, activities/ services/ programs, timeframes, and outcomes related to successful transition. Transition services coordinators establish the necessary arrangements and linkages with the full range of public and private sector individuals, agencies and organizations in the community, and the single entity for behavioral health services that can provide the services and supports in the domains listed in 8.14.10.8 NMAC, as appropriate and necessary to achieve successful transition.

[8.14.10.9 NMAC - N, 04/30/10]

8.14.10.10 SPECIAL NEEDS/SPECIAL CHARACTERISTICS: Transition services are tailored to address youth, both male and female, with special needs/special characteristics, including youth with serious mental health or substance abuse disorders, youth with other chronic illnesses, assessed with problem sexual behaviors, Native American youth, and youth jointly involved with protective services and juvenile justice services.

[8.14.10.10 NMAC - N, 04/30/10]

8.14.10.11 TRANSITION SERVICES COORDINATION: The transition services coordinator works with the youth, family, and transition team members to coordinate the transition plan. The transition services coordinator works with the juvenile probation officer to support the delivery of transition services in the community.

[8.14.10.11 NMAC - N, 04/30/10]

8.14.10.12 GRIEVANCE SYSTEM: Youth have a right to question transition plan decisions and services and a grievance system is in place. The grievance system for transition services is made available to all youth, families, and transition team members. The grievance system is in accordance with the children, youth and families department grievance system. Youth are not prevented or discouraged from filing a grievance.

[8.14.10.12 NMAC - N, 04/30/10]

8.14.10.13 CRITICAL INCIDENT REPORTING: In order to promote the well-being of participating youth, transition services coordinators and other staff of transition services report all critical incidents, including abuse, neglect, or exploitation of the youth, and dangerous behavior on the part of the youth, as required by state law, local law, or department policy. Critical incident reporting follows the procedures established by the department.

[8.14.10.13 NMAC - N, 04/30/10]

8.14.10.14 MONITORING, EVALUATION AND REPORTING: Transition services are monitored and evaluated through a quality assurance process, plan or procedure; transition services are thoroughly documented.

[8.14.10.14 NMAC - N, 04/30/10]

8.14.10.15 TRANSITION SERVICES MANAGEMENT: Transition services is managed by the transition services manager. Regular staff meetings are required as is training and supervision.

[8.14.10.15 NMAC - N, 04/30/10]

8.14.10.16 COORDINATION WITH OTHER PROGRAMS: Transition coordination involves a high frequency of interface and collaboration with the facility multi-disciplinary team members, juvenile probation officers, facility release panel and panel chairperson, juvenile community corrections providers, community based treatment providers, housing resources, the single entity for behavioral health, educational and vocational training providers, family members, natural community supports and others as needed to maximize opportunities for successful and sustained reintegration.

[8.14.10.16 NMAC - N, 04/30/10]

HISTORY OF 8.14.10 NMAC: [RESERVED]