N.M. Admin. Code § 7.8.3.7

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

Section 7.8.3.7 - DEFINITIONS

For the purpose of these regulations, the following apply:

A. ABUSE means any act or failure to act, performed intentionally, knowingly or negligently that causes or is likely to cause harm to a client as defined in 32A-4-2 NMSA 1978.

B. ACTION PLAN means a written document submitted to the Licensing Authority which states those actions that the facility will be implementing, with specific time frames and responsible parties for each, to correct the deficiencies identified in the previous on-site visit or review of documents.

C. ADMINISTRATOR means the person in charge of the day-to-day operation of a facility. The administrator, director, or operator may be the licensee or an authorized representative of the licensee. The administrator may also be referred to as the director or operator.

D. AMBULATORY means the ability of the child to walk without assistance.

E. APPLICANT means the individual, or organization which, applies for a license.

F. BED means the total assembly on which a child sleeps, including frame, springs, mattress, mattress cover/pad, sheets, pillow, blankets and bedspread.

G. CAPACITY means the maximum number of children who can be accommodated in rooms designated specifically for them in a facility pursuant to these regulations.

H. CHILD/ADOLESCENT means a person under the chronological age of 18 years. Those persons who, while a resident or client of a facility licensed pursuant to these regulations reach the age of 18 will, for the purposes of these regulations, be considered a child until they complete their course of treatment in the facility.

I. CHILDREN'S CRISIS SHELTER means a facility which provides short term (usually less than 90 days) emergency living accommodations to children in a crisis situation such as abandonment, abuse, neglect or runaway.

J. CLEARED STAFF MEMBER means an individual who has received a State and federal criminal background clearance as documented by the Department clearance letter.

K. CLIENT means any person who receives treatment from a Children's Crisis Shelter, Multi Service Home, or Community Home.

L. COMMUNITY HOME means a facility which operates twenty-four (24) hours a day providing full time care, supervision and support needed to not more than sixteen (16) resident children in a single residential building and which meets the definition incorporated in 9-8-13 NMSA 1978. The facility provides parenting, activities and experiences needed by a child to develop and realize their full potential.

M. CORPORAL PUNISHMENT means touching a child's body with the intent of inducing pain and includes, but is not limited to, shaking, spanking, hitting, hair pulling, ear pulling or forced exercise.

N. CRIMINAL RECORDS CHECK means the process of fingerprinting on State and FBI approved cards and submission of the fingerprint cards for the purpose of obtaining the State and federal conviction records of an individual. 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 fingerprinting is still required. The use of an alternate method to obtain State criminal background checks do not replace the federal fingerprinting requirement.

O. CRUELTY (MENTAL/ PHYSICAL) AND INDIFFERENCE TO THE WELFARE OF CHILDREN means a failure to provide a child with the care, supervision, and services to which the child is entitled. Examples of physical and mental cruelty include physical device/chemical restraints, striking, slapping or hitting, withholding food or bathroom privileges as punishment, swearing at or threatening a child, and indifference to the basic needs of the child.

P. DEFICIENCY means a violation of or failure to comply with a provision(s) of these regulations.

Q. DEPARTMENT means the New Mexico Children, Youth and Families Department.

R. DIRECT SERVICES STAFF means supervisors, therapists, child care workers, coordinators or other employees who work directly with children in their daily living activities in a facility.

S. DIRECTED ACTION PLAN means an Action Plan that the Licensing Authority writes and specifies that the facility must enforce within a specific time frame because of the serious nature of the deficiency.

T. DISCIPLINE means training that enables a child to develop self control and orderly conduct in relationship to peers and adults.

U. EMERGENCY SANCTION means an immediate measure that is imposed on a facility for violations of applicable licensing laws and regulations, other than revocation, suspension, or denial of renewal of license when a health and/or safety violation warrants prompt action.

V. EMERGENCY SUSPENSION means an immediate and temporary canceling of a license pending an appeal hearing and/or correction of deficiencies.

W. EMPLOYMENT HISTORY means a written summary for the most recent three-year period of all periods of employment with names, addresses and telephone numbers of the employers and the individual's immediate supervisor, specifying all periods of non-employment, stating the reason for leaving employment and explanation of periods of non-employment, with documented verifying references.

X. FACILITY means a publicly or privately owned or operated residence licensed pursuant to these regulations which provides living accommodations, meals, supervision, care, and in some instances, programmatic services to children.

Y. GOVERNING BODY means the governing authority of a facility which has the ultimate responsibility for all planning, direction, control, and management of the activities and functions of a facility licensed pursuant to these regulations.

Z. LICENSE means the authority granted by the Licensing Authority pursuant to these regulations to operate for a specified period of time.

AA. LICENSEE means the person(s) who, or organization which, has ownership, leasehold, or similar interest in the facility and in whose name a license for a facility has been issued and who is legally responsible for compliance with these regulations.

BB. LICENSING AUTHORITY means the New Mexico Children, Youth and Families Department.

CC. MAINTENANCE means keeping the building(s) in a repaired and safe condition and the grounds in a safe, sanitary and presentable condition.

DD. MOBILE NON-AMBULATORY means unable to walk without assistance but able to move from place to place with the use of devices such as walkers, crutches, wheelchairs, etc.

EE. MORAL TURPITUDE means conduct contrary to justice, honesty, modesty or good morals including such acts as domestic abuse, drunk driving or other similar convictions.

FF. MULTI SERVICE HOME means a facility that provides residential care to children who have been referred by other agencies or parents because of abuse, neglect, delinquency, substance abuse, or other problems.

GG. NON-MOBILE means unable to move without human assistance from place to place.

HH. PREMISES means all parts of buildings, grounds, vehicles and equipment of a facility.

II. PROGRAMMATIC SERVICES means services provided to children to meet special needs above and beyond living accommodations, meals, care, and routine supervision.

JJ. PUNISHMENT means a penalty imposed on a child for wrongdoing.

KK. RESTRAINT means a mechanical device used to involuntarily physically restrict a client's freedom of movement, performance of physical activity, or have normal access to his or her body. It is limited to those situations with adequate, appropriate justification and requires policies and procedures with clear criteria. This standard does not apply to therapeutic holding or comforting of children or to a timeout when the individual to whom it is applied is physically prevented from leaving a room for 15 minutes or less and when its use is consistent with protocol.

LL. REVOCATION means making a license null and void through its cancellation.

MM. SANCTION means a measure imposed on a facility by the Licensing Authority for violations of these standards.

NN. SECLUSION means the involuntary confinement of a client alone in a room where the individual is physically prevented from leaving and is limited to those situations with adequate, appropriate justification, requiring policies and procedures with clear criteria.

OO. SECLUSION ROOM means a room designed and utilized to isolate and contain a child who poses an imminent threat of physical harm to self or others or serious disruption to the environment.

PP. SELF-ADMINISTRATION OF MEDICATIONS means assistance and supervision of the child in the self-administration of a drug, provided that the medication is in the original container, with a proper label and directions. A staff member may hold the container for the child, assist with opening of the container, and assist the child in self-administering the medication.

QQ. SUBSTANTIATED COMPLAINT means a complaint determined to be factually substantiated, based on an investigation of events.

RR. SUPERVISION means the monitoring of the children's whereabouts and activities by the facility staff in order to ensure health, safety, and welfare.

SS. SURVEY means an entry, by the Licensing Authority, into a facility licensed, or required to be licensed, pursuant to these regulations, for examination of the premises and records, and interviewing of staff and children.

TT. SUSPENSION means a temporary cancellation of a license pending an appeal hearing and/or correction of deficiencies. During a period of suspension, the Medicaid provider agreement is not in effect.

UU. U/L APPROVED means approved for safety by the National Underwriters Laboratory.

VV. UNSUBSTANTIATED COMPLAINT means a complaint not determined to be factually substantiated, based on an investigation of events.

WW. VARIANCE means an act taken, at the sole discretion of the Licensing Authority, to refrain from enforcing compliance with a portion(s) of these regulations for an unspecified period of time for facilities which were in existence at the time these regulations were promulgated, new facilities in existing construction, or for new services when the granting of a variance will not create a danger to the health and safety of children and staff of a facility.

XX. WAIVE/WAIVER means to refrain from pressing or enforcing compliance with a portion(s) of these regulations for a limited period of time provided the health, safety, or welfare of the clients and staff are not in danger. Waivers are issued at the sole discretion of the Licensing Authority.

N.M. Admin. Code § 7.8.3.7

7.8.3.7 NMAC - N, 05/15/01