N.M. Admin. Code § 8.8.3.13

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

Section 8.8.3.13 - ARRESTS, CONVICTIONS AND REFERRALS

A. For the purpose of these rules, the following information shall result in a conclusion that the applicant is an unreasonable risk:

(1) a conviction for a felony and the criminal conviction directly relates to whether the applicant can provide a safe, responsible, and morally positive setting for care recipients;

(2) a conviction, regardless of the degree of the crime or the date of the conviction, of human trafficking, criminal sexual penetration or related sexual offenses, or child abuse;

(3) a substantiated referral, regardless of the date, for sexual abuse;

(4) the applicant's child is currently in CYFD's or another state's custody; or

(5) a registration, or a requirement to be registered, on a state sex offender registry or repository or the national sex offender registry established under the Adam Walsh Child Protection and Safety Act of 2006.

B. A disqualifying conviction may be proven by:

(1) a copy of the judgment of conviction from the court;

(2) a copy of a plea agreement filed in court in which a defendant admits guilt;

(3) a copy of a report from the federal bureau of investigation, criminal information services division, or the national criminal information center, indicating a conviction;

(4) a copy of a report from the state of New Mexico, department of public safety, or any other agency of any state or the federal government indicating a conviction; or

(5) any writing about the applicant indicating that such person has been convicted of the disqualifying offense, provided; however, if that is potentially the sole basis for denial, the applicant shall be given an opportunity to show that they have successfully completed or are pending completion of a conditional discharge for the disqualifying conviction.

C. If a background check shows pending charges for a felony offense, regardless of the degree of the crime, of human trafficking, criminal sexual penetration or related sexual offenses, or child abuse; or an arrest but no disposition for any felony offense, there shall be a determination of unreasonable risk if a conviction as charged would result in a determination of unreasonable risk.

D. If a background check shows a pending child protective services referral or any other CYFD investigation of abuse or neglect, there shall be a determination of unreasonable risk.

E. If a background check shows that an applicant has an outstanding warrant, there shall be a determination of unreasonable risk.

N.M. Admin. Code § 8.8.3.13

8.8.3.13 NMAC - Rp, 8.8.3.13 NMAC, 03/31/06; A, 07/31/09, Amended by New Mexico Register, Volume XXVI, Issue 14, July 30, 2015, eff. 7/30/2015, Adopted by New Mexico Register, Volume XXVII, Issue 18, September 30, 2016, eff. 10/1/2016, Amended by New Mexico Register, Volume XXX, Issue 18, September 24, 2019, eff. 10/1/2019, Adopted by New Mexico Register, Volume XXXV, Issue 22, November 19, 2024, eff. 11/20/2024