N.M. Admin. Code § 8.8.3.7

Current through Register Vol. 35, No. 23, December 10, 2024
Section 8.8.3.7 - DEFINITIONS
A."Administrative Review" means an informal process of reviewing a decision that may include an informal conference, hearing, or a review of written records.
B."Administrator" means the manager in charge of the day-to-day operation of a facility. The administrator may be the licensee or an authorized representative of the licensee and be at least 18 years of age.
C."Adult" means a person who has a chronological age of 18 years or older, except for persons under Medicaid certification up to the age of 21.
D."Appeal" means a review of a determination made by the BCU, which may include a record review or a hearing.
E."Applicant" means any person who is required to obtain a background check under these rules and Section 32A-15-3 NMSA 1978.
F."Arrest" means notice from a law enforcement agency about an alleged violation of law.
G."Background Check" means a screen of CYFD's information databases, state and federal criminal records, and any other reasonably reliable information about an applicant.
H."Care Recipient" means any person under the care of a licensee.
I."Child" means a person who has a chronological age of less than 18 years, and persons under applicable Medicaid certification up to the age of 21 years.
J."Criminal History" means information possessed by law enforcement agencies of arrests, indictments, or other formal charges, as well as dispositions arising from these charges.
K."Direct, Physical Supervision" means continuous visual contact or live video observation by a direct care provider who has been found eligible by a background check of an applicant during periods when the applicant is in immediate physical proximity to care recipients.
L."Direct Care Provider" means any individual who, as a result of employment, contractual service, or volunteer service (including student interns) has direct care responsibilities or potential unsupervised physical or virtual access to any child or care recipient in the settings to which these rules apply.
M."Eligibility" means the determination that an applicant does not pose an unreasonable risk to care recipients after a background check is conducted.
N."Employment History" means a written summary of the most recent three-year period of employment with names, addresses, and telephone numbers of employers, including dates of employment, stated reasons for leaving employment, and dates of all periods of unemployment with stated reasons for periods of unemployment, and verifying references.
O."Licensed" means authorized to operate by the licensing authority by issuance of an operator's license or certification certificate.
P."Licensee" means the holder of, or applicant for, a license, certification, or registration pursuant to 7.20.11 NMAC, 7.20.12 NMAC, 7.8.3 NMAC, or other program or entity within the scope of these rules.
Q."Licensing Authority" means CYFD or entity having authority over the licensee.
R."Relevant Conviction" means a plea, judgment or verdict of guilty, no contest, nolo contendere, conditional plea of guilty, or any other plea that would result in a conviction for a crime in a court of law in New Mexico or any other state. The term "Relevant Conviction" also includes decrees adjudicating juveniles as serious youthful offenders or youthful offenders, or convictions of children who are tried as adults for their offenses. Successful or pending completion of a conditional discharge under Section 31-20-13 NMSA 1978, or Section 30-31-28 NMSA 1978, or a comparable provision of another state's law, is not a relevant conviction for purposes of these rules, unless or until such time as the conditional discharge is revoked or rescinded by the issuing court. The term "Relevant Conviction" does not include any of the foregoing if a court of competent jurisdiction has overturned the conviction or adjudicated decree and no further proceedings are pending in the case or if the applicant has received a legally effective executive pardon for the conviction. The burden is on the applicant to show that the applicant has a pending or successful completion of any conditional discharge or consent decree or that the relevant conviction has been overturned on appeal or has received a legally effective pardon.
S."Unreasonable Risk" means the level of risk that a reasonable person would be unwilling to take with the safety or welfare of care recipients.

N.M. Admin. Code § 8.8.3.7

8.8.3.7 NMAC - Rp, 8.8.3.7 NMAC, 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, 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