N.M. Admin. Code § 8.9.5.18

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

Section 8.9.5.18 - COMPLAINTS

A. Complaints received by ECECD shall be investigated promptly.

B. An authorized ECECD representative receiving complaints will ask complainants to identify themselves and provide all information necessary to document the complaint.

C. The authorized ECECD representative will investigate any complaint in which the health, safety or welfare of a child could be in danger. The complaint will be reviewed and prioritized immediately according to the nature and severity of the complaint. The registered authority will follow established protocols and procedures for prioritizing, tracking, initiating and reporting of complaints and complaint investigations. Complaints will be investigated in a timely manner as follows:

(1) Priority 1 complaints: investigation will be initiated within 24 hours.

(2) Priority 2 complaints: investigation will be initiated within three working days.

(3) Priority 3 complaints: investigation will be initiated within five working days.

(4) Initiation timeframes for investigations may be shortened based on the severity and nature of the complaint, but timeframes may not be extended.

D. The caregiver shall cooperate in good faith with any investigation by the authorized ECECD authority. Obstruction of an investigation may subject the primary caregiver to sanctions, up to and including revocation.

E. Action by the authorized ECECD representative:

(1) The registered authority will provide a written letter on the results of the investigation to the registered home primary caregiver that is the subject of the complaint and the complainant if an action is taken.

(2) If the authorized ECECD representative finds the complaint is unsubstantiated, it will be so designated and the authorized ECECD representative will take no further action.

(3) If the authorized ECECD representative finds that a complaint is substantiated, it will make the complaint part of the authorized ECECD file on the child care registered home. The following additional actions will, at the discretion of the authorized ECECD representative, be taken:

(a) the ECECD authority will require the registered home caregiver to submit and comply with a written corrective action plan; or

(b) the ECECD authority will sanction the registered home administratively including, without limitation, suspension, revocation, or restriction of a registration; or

(c) the ECECD authority will pursue criminal charges or civil remedies.

F. The authorized ECECD representative will report all cases of suspected child abuse and neglect to both CYFD's protective services and the local law enforcement agency.

N.M. Admin. Code § 8.9.5.18

Adopted by New Mexico Register, Volume XXXIII, Issue 20, October 25, 2022, eff. 11/1/2022