N.M. Admin. Code § 8.26.5.22

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

Section 8.26.5.22 - PERSONNEL, CONTRACTOR AND VOLUNTEER FILES

A. Employee personnel file: The agency shall maintain a personnel file for all employees of the agency which shall be available to PSD for inspection. Each file shall include, at a minimum:

(1) application: the employee's employment application showing qualifications and experience;

(2) reference: the agency shall obtain at least three professional and character references for each potential employee prior to his or her employment;

(3) academic transcripts: the official academic transcripts;

(4) disciplinary actions: documentation of any disciplinary action taken with respect to any employee;

(5) evaluations: any evaluations of work performance;

(6) background check results: the results of the abuse and neglect and criminal records check, if required; if a background check is not required, the file shall include written documentation as to why it is not required;

(7) training: documentation of training received, content and hours;

(8) license: a copy of an employee's professional license when applicable;

(9) abuse and neglect reporting: a signed statement of understanding by the employee of the requirements to report suspected abuse and neglect to PSD;

(10) child placement agency licensing standards: a signed statement by the employee acknowledging the receipt these regulations; and

(11) confidentiality statement: any individual who is employed by an agency shall sign a statement acknowledging the confidentiality rights of the children and families that are or may become clients of the agency, specifically that case records and client identifying information shall not be publically released.

B. Volunteer and contractor file: The agency shall maintain a separate file on each individual or entity not employed by the agency, conducting business on the agency's behalf, which shall include, but is not limited to:

(1) contract: the contract, which outlines the specific requirements, qualifications and experience, and limitations of the contract;

(2) reference: the agency shall obtain at least three professional and character references for each potential contractor prior to the commencement of the contract;

(3) academic transcripts: the official academic transcripts of individuals working under the contract;

(4) disciplinary actions: documentation of any disciplinary action taken with respect to the volunteer or contracted agency or individual;

(5) evaluations: any evaluation of work performance;

(6) background check results: the results of the abuse and neglect and criminal records check, if required; if a background check is not required, the files shall include a statement as to why it is not required;

(7) license: a copy of the current professional license;

(8) abuse and neglect reporting: a signed statement of understanding by the contractor or volunteer of the requirements to report suspected abuse and neglect to PSD;

(9) child placement agency licensing standards: a signed statement by the contractor or volunteer acknowledging the receipt these regulations; and

(10) confidentiality statement: any individual who volunteers for or is contracted by an agency shall sign a statement acknowledging the confidentiality rights of the children and families that are or may become clients of the agency, specifically that case records and client identifying information shall not be publicly released.

N.M. Admin. Code § 8.26.5.22

8.26.5.22 NMAC - N, 5/29/09; A, 8/15/11