N.M. Admin. Code § 8.26.2.18

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

Section 8.26.2.18 - INVESTIGATIONS OF ABUSE AND NEGLECT REFERRALS AND POLICY VIOLATIONS

A. Any CYFD employee suspecting child abuse or neglect in a resource parent home makes a report as set forth in Protective Services Intake policy, 8.10.2 NMAC. PSD staff who suspects, has knowledge of, or receives an allegation about a resource parent violating CYFD policy or licensing regulations shall immediately notify the placement supervisor.

B. Investigations of abuse and neglect referrals in resource homes:

(1) PSD shall investigate all screened-in reports of allegations of abuse or neglect regarding children in accordance with protective services investigation policy and procedure.

(2) If a screened-out report involves a child in PSD custody, the child's worker shall conduct a safety assessment of the placement.

(3) No new placement may be made in the home during a pending investigation. Existing placements in the home shall be evaluated for safety. The decision as to whether to maintain placement shall depend on the continued safety of any child.

(4) Based upon the results of the investigation of the abuse or neglect referral, PSD may take one or more of the following actions:

(a) continue the placement, implementing a professional development and safety plan, if appropriate;

(b) terminate the placement; or

(c) determine if the family shall continue to be licensed as a PSD resource family.

C. Investigations of CYFD policy violations:

(1) The placement worker shall assess any allegations that the family has violated CYFD policy or licensing regulations.

(2) Based upon the results of the investigation of the alleged policy violation, PSD may take one or more of the following actions:

(a) continue the placement, implementing a professional development and safety plan, if appropriate;

(b) terminate the placement; or

(c) determine if the family shall continue to be licensed as a PSD resource family.

D. PSD shall notify the resource parent in writing, by return of receipt mail, of the results and PSD actions of any substantiated abuse and neglect investigation or policy violations.

E. The results of any substantiated abuse and neglect investigation or policy violation, which is not the subject of court action, may be reviewed through CYFD's administrative review process. The resource family may request an administrative review within 10 days of receiving the written notice.

N.M. Admin. Code § 8.26.2.18

8.26.2.18 NMAC - Rp, 8.26.2.22 NMAC, 5/29/09, Amended and Renumbered from 8.26.2.17 by New Mexico Register, Volume XXVI, Issue 18, September 29, 2015, eff. 9/29/2015, Amended by New Mexico Register, Volume XXXII, Issue 10, May 25, 2021, eff. 5/25/2021