N.M. Admin. Code § 8.14.5.7

Current through Register Vol. 35, No. 20, October 22, 2024

Section 8.14.5.7 - DEFINITIONS

A."Cambiar (Change) New Mexico" is the name designated by the children, youth and families department (CYFD) for its juvenile justice reform initiative that focuses on rehabilitation and relationships. Clients and juvenile justice services' staff members build relationships and learn to interact in a completely different way than the old "correctional" model. Group building activities designed to build trust and communication are key components as well as family and community involvement.

B."Client" refers to a person who is committed to the custody of the CYFD juvenile justice services or who is receiving services from juvenile justice services.

C."Delinquent act or delinquency" refers to an act committed by a juvenile that would be designated as a crime under the law if committed by an adult.

D."Department" refers to the New Mexico children, youth and families department.

E."Director" refers to the juvenile justice services director.

F."Facility" refers to a facility operated by, or on behalf of the CYFD juvenile justice services, or any other facility or location designated by the juvenile justice services director to house or provide care to clients committed to the custody of CYFD.

G."FACTS" (family automated client tracking system) refers to CYFD's mission critical electronic case management system supporting protective services, juvenile justice services, and early childhood services, which is accessed by CYFD staff and contractors while at CYFD locations. FACTS provides tracking of referrals for abuse/neglect and delinquency, investigation/preliminary inquiry, legal actions, placements, providers, and child care assistance.

H."Incident" for purposes of this policy, refers to any non-routine or emergency action or occurrence that disrupts or is likely to disrupt the normal operation of the facility. This includes mechanical or physical restraint or other use of force.

I."Juvenile justice services" or "juvenile justice division" 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.

J."Mechanical restraint" is defined as a use of force with mechanical devices to physically restrict a client's freedom of movement, performance of physical activity, or normal access to his or her body. Only staff trained in the proper use of mechanical restraints may apply them. Approved mechanical restraint devices are handcuffs, leg irons, and belt cuffs.

K."Pat down search" refers to a visual and manual search of a clothed client and the client's clothing for contraband without the removal of the client's clothing.

L."Physical restraint" is the physical use of force on a client by staff to control or restrict the movement of the client using a technique approved by CYFD and taught in a CYFD approved course.

M."Secretary" refers to the secretary of CYFD.

N."Secure facility" refers to Camino Nuevo youth center, J. Paul Taylor center, youth diagnostic and development center or any other facility designated as a secure facility by the juvenile justice services director.

O."Serious incident report (SIR)" refers to any occurrence which compromises the safety, security, or emotional well-being of clients, staff, and visitors or endangers the public. SIRs are completed by any facility discipline including medical, behavioral/mental health, education or any administrative discipline not involving potential client due process, using an approved form which is prepared and submitted to central office electronically within 24 hours of the occurrence.

P."Staff" refers to employee(s) of CYFD.

Q."Strip search" refers to a visual inspection of a client's body for weapons, contraband, and physical abnormalities requiring the client to remove their clothing. This also includes a thorough search of the client's clothing once it has been removed.

R."Superintendent" refers to the chief administrator at a juvenile justice services facility.

S."Youth care specialist" refers to juvenile justice services security staff members whose primary duties include working directly with clients.

N.M. Admin. Code § 8.14.5.7

8.14.5.7 NMAC - Rp, 8.14.5.7 NMAC, 6/1/2010, Adopted by New Mexico Register, Volume XXVII, Issue 12, June 30, 2016, eff. 7/1/2016