N.M. Admin. Code § 7.20.12.31

Current through Register Vol. 35, No. 23, December 10, 2024

Section 7.20.12.31 - CHILDREN AND ADOLESCENT MENTAL HEALTH SERVICES PERSONNEL AND STAFF REQUIREMENTS

A. Criminal record checks: The agency conducts appropriate, legally permissible and mandated state and federal criminal records inquiries into the background of agency personnel, including employees and volunteers, and prospective employees and volunteers. Agency personnel means current and prospective operators, staff, employees and volunteers.

B. All requests for a federal background check will be submitted within one week after commencement of employment or volunteer service of those persons who, following receipt of a background check clearance, have direct, unsupervised contact with children. The agency verifies that the fingerprints were submitted to the state of New Mexico department of public safety and the federal bureau of investigation.

(1) An agency staff member who has not received a background check clearance works under the direct continuous physical supervision of a staff member who has received the mandated federal criminal records check clearance until a clearance is obtained.

(a) Exception: A new employee or volunteer who has been a resident of the state of New Mexico for no less than five continuous years immediately preceding the commencement of employment or volunteer service with the agency and has received a background clearance (meaning a negative criminal record check), from the state of New Mexico and local law enforcement agencies pursuant to a request from the employing agency. This exception applies only for 180 days following the original request for a federal background clearance check, and is subject to the following requirements:

(b) The use of the services of an agency contracted by the department of public safety (DPS) who can access the DPS database in order to obtain state criminal background checks for those applicants who have resided in the state of New Mexico for five years or more may be utilized as a means of obtaining state criminal records checks prior to employment. Federal finger printing is still required. The use of an alternate method to obtain state criminal background checks does not replace the federal fingerprinting requirement.

(2) An individual is not eligible for continued employment or service as a volunteer after being notified that the federal background check reveals information that would disqualify the individual from employment or work as a volunteer in the agency. The agency is on violation of this standard if it retains the individual in employment or volunteer service.

(a) If the agency has not received a federal background check clearance within 180 calendar days after the original request, the employee or volunteer remains under the direct physical supervision of a cleared staff until the federal background check is received and known to the agency.

(b) The department may extend the 180 calendar day period up to an additional 120 days, if the agency is able to verify, to the satisfaction of the department, that the agency has done everything required to obtain a completed federal background check within the required time frame and the report has not been received due to circumstances beyond the control of the agency.

(c) In those instances where extensions of time are granted, the employee or volunteer remains within line of sight of a cleared staff member until such time the results of the federal background check are received and known to the agency.

(3) Any employee or volunteer who has received state and federal background clearance while employed by, or providing services at, another agency within 180 calendar days of commencement of employment of service with the agency, is not required to undergo an additional federal background check unless the agency itself requires or requests it or the department believes it has cause to request it.

(4) If the prospective employee is not a United States citizen, a criminal records clearance or its equivalent from the persons country of origin is required if the individual has not lived in the United States for five continuous years.

(5) Non-compliance with these criminal records checks standards may result in sanction or loss of licensure.

C. Staff members who work directly with children and who are counted in the staff-to-child ratio are 18 years of age or older.

D. The director and all staff having direct contact with the children including volunteers, administrative, clerical, maintenance or other support staff, comply with the regulations governing criminal record checks and employment history verification.

E. Persons under the age of 18 at all times work directly under the supervision of a staff member who is physically present. Such persons are not counted in the staff coverage.

F. Persons employed solely for clerical, cooking, maintenance or other support activities who are not left with children unsupervised, are not included in the staff coverage.

G. Student trainees in psychiatry, psychology, social work and /or nursing, who are officially enrolled in a clinical training program of a New Mexico accredited institution of higher learning, and who are under the supervision of a cleared New Mexico licensed practitioner as defined by the certification requirements for child and adolescent mental health services and who are cleared by a state criminal records check, which may include clearance from DPS, or a department approved state clearance mechanism, may be allowed to work with children unsupervised during their enrolled student tenure if the trainee signs a sworn affidavit attesting that he or she has never been convicted of a crime which would disqualify him or her from providing direct services to children as provied by these regulations.

N.M. Admin. Code § 7.20.12.31

1/1/99; 7.20.12.31 NMAC - Rn, 7 NMAC 20.12.31, 02/28/05