N.M. Admin. Code § 8.14.14.7

Current through Register Vol. 35, No. 21, November 5, 2024

Section 8.14.14.7 - DEFINITIONS

A.Terms beginning with the letter "A":

(1)"Abuse and neglect" perpetrated by an adult on a child/juvenile, as defined in the Children's Code.

(2) "Action plan " a written document in response to a sanction submitted by the center to the department for approval which states the actions that the center plans to implement, with specific time frames and responsible parties for each, to correct the deficiencies found by the department in a previous inspection or review of documents.

(3) "Adjudicate" to make a finding of whether a juvenile committed a delinquent and/or criminal act.

(4) "Administrator" the person in charge of the daily operation of the center. The administrator may be the person named on the certification or an authorized representative of the applicant or designee.

(5) "Annual certification" is an authorization for a center to operate for a one-year period of time. The effective date is noted on the face of the document. The annual certification is issued on an initial and renewal basis following investigation of an initial application for certification or the inspection of the center by the department, unless a complaint is received during the certification period that warrants the issuance of a sanction.

(6) "Applicant" the county, municipality, or other center operator or administrator in whose name a certification for a center has been issued and who is legally responsible for compliance with applicable standards.

(7) "Application" the forms, attachments, documents, and drawings required as part of the process of granting or denying an annual certification or provisional certification.

(8) "Authority" the Children's Code.

B.Terms beginning with the letter "B": [RESERVED]

C.Terms beginning with the letter "C":

(1) "Capacity" the number of beds available for juveniles in the center as established through certification standards without a waiver provision.

(2) "Certification" the document issued by the department which authorizes the operation of a center pursuant to these detention standards. The term "certification" may include an annual certification and/or a provisional certification.

(3) "Certifying authority" the New Mexico children, youth and families department.

(4)"Chemical restraints" aerosols, sprays, or foggers used on juveniles, including mace and pepper sprays, not including pharmaceutical restraints administered by a medical provider.

(5) "Collocated center" a center located within or as part of or on the same immediate grounds of an existing county or municipal jail or courthouse, which contains a jail, provided that all state and federal requirements for a collocated center are met. No center that is not an existing collocated center, as of December 31, 1993, shall be certified as a collocated center.

D.Terms beginning with the letter "D":

(1) "Deficiency" a violation of or failure to comply with these standards.

(2) "Delinquent offender" a delinquent child (under the age of 18) who is subject to juvenile sanctions only and who is not a youthful offender or a serious youthful offender, as defined in the Delinquency Act.

(3) "Denial of an application and denial of annual certification" action by the department refusing to grant an annual certification or provisional certification.

(4) "Department" the New Mexico children, youth and families department.

(5)"Detention center" Detention facility, as defined in the Delinquency Act.

(6) "Direct care staff" staff of the center who provide supervision, security, custody, and control of center juveniles; this excludes contractors, volunteers, and student interns.

(7) "Direct supervision" direct care staff who provide direct supervision, observation, interaction, and programming by being physically present with juveniles at all times.

(8) "Director" the director of the juvenile justice services division of the New Mexico children, youth and families department.

E.Terms beginning with the letter "E": "Emergency suspension of certification" the department's prohibition of the operation of a center for a stated period of time by temporary withdrawal of the certification, prior to a hearing on the matter, when immediate action is required to protect health and safety of staff and/or juveniles.

F.Terms beginning with the letter "F":

(1) "Final decision" the written document following a hearing stating the final determination of the secretary.

(2) "Five-day hearing" the hearing noted in the emergency suspension and notice of hearing.

G.Terms beginning with the letter "G": [RESERVED]

H.Terms beginning with the letter "H":

(1) "Health and safety deficiencies" non-compliance with any standard which relates to conditions or circumstances leading to death, physical harm, or psychological harm to juveniles; any pervasive conditions that pose a threat to the physical safety of juveniles; any pervasive neglect or abuse of juveniles; or the pervasive detainment of status offenders.

(2) "Hearing officer" a person the secretary designates to conduct pre-hearing conferences and hearings, and to issue reports and recommendations, based on the information produced at the hearing.

I.Terms beginning with the letter "I":

(1)"ICJ" interstate compact on juveniles is a contract between states that regulates interstate movement of juveniles under court supervision, who have run away from home, or who have left their state of residence.

(2) "Inspection" an entry into, and examination of, the center's premises, records, including interviews with staff and juveniles, and any relevant information needed to show compliance with these standards.

J.Terms beginning with the letter "J": "Juvenile" generally any person who is younger than 18 years of age; however, for the purposes of these standards, a "juvenile" refers to any individual held in a juvenile detention center.

K.Terms beginning with the letter "K": [RESERVED]

L.Terms beginning with the letter "L": [RESERVED]

M.Terms beginning with the letter "M":

(1) "Maintenance" keeping building(s) and grounds in a repaired, safe, sanitary, and presentable condition.

(2) "Management" the juvenile detention center manager, supervisor, director, superintendent, or administrator.

N. Terms beginning with the letter "N": [RESERVED]

O.Terms beginning with the letter "O": "Official notice" information concerning the status of a center's certification.

P.Terms beginning with the letter "P":

(1) "Partial compliance" that a center is found to meet the conditions of participation, with moderate to few non-health and safety deficiencies and is able to receive a temporary certification so long as the implementation of a corrective action plan is achieved.

(2)"PREA"prison rape elimination act.

(3) "Prospective applicant " the county, municipality, or other center operator or administrator, in whose name a certification for operation has been submitted.

(4) "Provisional certification" a temporary certification, not to exceed two consecutive 120-day provisional certifications, to operate a center.

Q.Terms beginning with the letter "Q": [RESERVED]

R. Terms beginning with the letter "R":

(1)"RAI" risk assessment instrument.

(2) "Recipient" the person or entity who receives service of notice.

(3) "Revocation of certification" the department's prohibition of operation of a center by withdrawal of a certification.

(4)"Room confinement" when a juvenile is in a room by force, security, or staff direction and is not permitted to come out without staff instruction.

S.Terms beginning with the letter "S":

(1) "Sanctions" a measure imposed by the department for violations of these standards.

(2)"SARA" screenings, admissions, and releases applications.

(3) "Secretary" the cabinet secretary of the New Mexico children, youth and families department.

(4) "Serious incident" Environmental hazards; medical emergencies requiring transport, regardless of admission to a clinic or hospital; quarantine; serious injury or illness requiring medical intervention or treatment; behavioral health issues, including suicide ideation, suicide attempt, or transport to a behavioral health facility for evaluation, treatment, or placement; serious contraband (e.g., weapons, narcotics); violent acts by a client regardless of the victim; escapes; lockdowns; and abuse and neglect of a juvenile as defined by the Children's Code. Serious Incidents are reported to the local juvenile probation officer supervisor and the department's detention compliance monitor within 24 hours of the incident or by the next business day via email or by fax if the report contains protected information. Additionally, detention centers are responsible for taking appropriate actions, notifying law enforcement, and investigating when necessary.

(5) "Serious youthful offender" a person (age 15-18) who is charged with and indicted or bound over for trial for first degree murder, as defined in the Delinquency Act.

(6) "Soft restraints" fabric devices that utilize Velcro to restraint individuals without restricting breath. While in an approved soft restraint, the juvenile must be afforded some movement and not be restricted to one particular position. Approved soft restraints do not employ metal buckles or fasteners or in any way attach the juvenile's legs and/or ankles to the torso.

(7) "Standard of compliance" the degree of compliance required by these standards is designated by the use of the words shall, must, and may. Shall and must designate mandatory requirements that may not be waived. May is permissive and designates other requirements that may be determined to be non-applicable by the department.

(8) "Status offender" a juvenile who has been charged with or adjudicated for conduct which would not, under the law of the jurisdiction in which the offense was committed, be a crime if committed by an adult. (See also 28 CFR 31.304.)

(9) "Substantial compliance" that a center is found to meet the conditions of participation, without deficiencies, or with minor or few non-health and safety deficiencies, and is able to receive full certification.

(10) "Suspension of certification" the department's prohibition of operation of a center for a stated period of time through withdrawal of the certification, after notice and an opportunity for a hearing.

(11) "Supervision" direct observation and guidance by staff by being physically present with the juveniles.

T.Terms beginning with the letter "T": [RESERVED]

U.Terms beginning with the letter "U": [RESERVED]

V.Terms beginning with the letter "V": [RESERVED]

W.Terms beginning with the letter "W": "Waiver" a temporary or provisional certification to operate a center which does not conform with the standards for a period of time set by the secretary. A waiver from the department may be granted to a center for a maximum of two years. Any request for a waiver for re-certification of a waiver, denied by the department is not subject to the hearing process and procedures.

X.Terms beginning with the letter "X": [RESERVED]

Y.Terms beginning with the letter "Y": "Youthful offender" a delinquent child subject to adult or juvenile sanctions who is age 14-18 at the time of the offense and who is adjudicated for offenses contained and defined in the Delinquency Act.

Z.Terms beginning with the letter "Z": [RESERVED]

N.M. Admin. Code § 8.14.14.7

8.14.14.7 NMAC - N, 7/31/01; A, 10/17/11, Adopted by New Mexico Register, Volume XXIX, Issue 24, December 27, 2018, eff. 1/1/2019