N.M. Admin. Code § 8.8.3.14

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

Section 8.8.3.14 - UNREASONABLE RISK

A. The BCU may, in its discretion, use all reasonably reliable information about an applicant and weigh the evidence about an applicant to determine whether the applicant poses an unreasonable risk to care recipients. The BCU may also consult with the office of general counsel, treatment, assessment, or other professionals in the process of determining whether the cumulative weight of credible evidence establishes unreasonable risk.

B. In determining whether an applicant poses an unreasonable risk, the BCU need not limit its reliance on formal convictions or substantiated referrals, but nonetheless must only rely on evidence with indications of reliability such as:

(1) reliable disclosures by the applicant or a victim of abuse or neglect;

(2) orders of protection from domestic abuse (note: circumstances indicating an applicant is or has been a victim of domestic violence may be used as a mitigating factor in assessing risk);

(3) child or adult protection investigative evidence that indicates a likelihood that an applicant engaged in inappropriate conduct but there were reasons other than the credibility of the evidence to not substantiate; or

(4) any other evidence with similar indications of reliability.

N.M. Admin. Code § 8.8.3.14

8.8.3.14 NMAC - N, 03/31/06; A, 07/31/09; A, 05/31/11, 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, Adopted by New Mexico Register, Volume XXXV, Issue 22, November 19, 2024, eff. 11/20/2024