Section 12. Intake And Assignment

The department is responsible for providing the public the means for making referrals at all times. Every appropriate referral is assigned to an adult protective services investigator for investigation in a reasonable timeframe determined by the department. Upon receipt of a referral alleging abuse, neglect or exploitation of an adult in a care facility, the department notifies any of the state agencies which hold an interest in the licensing, certification or monitoring of the care facility. [8.11.3.12 NMAC - Rp, 8.11.3.12 NMAC, 6/1/2010] 8.11.3.13 INITIATING, INVESTIGATING, ASSESSING, DOCUMENTING, SERVICE PLANNING, STAFFING AND MAKING A DETERMINATION: In accordance with department procedures, every case accepted by adult protective services shall be initiated, investigated, assessed, documented and staffed pursuant to this part. A determination of “substantiated” or “unsubstantiated” shall be made and, when appropriate, services will be offered to the incapacitated adult. A. The department proceeds as follows: (1) the department visits the residence of the referred adult(s) when investigating alleged abuse, neglect or exploitation; (2) the department cannot enter a home without the permission of the resident; (3) if the department is denied access to the home of an alleged victim, law enforcement or the adult protective services attorney may be contacted to assist in gaining access pursuant to APS Act 27-7-19.D NMSA 1978. B. Anyone willfully interfering with an investigation of adult abuse, neglect or exploitation is guilty of a misdemeanor and subject to a civil penalty of not more than $10,000 per violation pursuant to APS Act 27-7- 19.F.NMSA 1978. C. The department conducts interviews with those individual(s) who potentially have knowledge of the alleged abuse, neglect or exploitation. D Act 27-7-19.D NMSA 1978. B. Anyone willfully interfering with an investigation of adult abuse, neglect or exploitation is guilty of a misdemeanor and subject to a civil penalty of not more than $10,000 per violation pursuant to APS Act 27-7- 19.F.NMSA 1978. C. The department conducts interviews with those individual(s) who potentially have knowledge of the alleged abuse, neglect or exploitation. D. The department provides the following information to individuals being interviewed: (1) the purpose of the department’s contact; (2) if the person being interviewed is alleged to be the victim or perpetrator; 8.11.3 NMAC 4 (3) the department’s intent to maintain confidentiality except when it becomes necessary to inform or collaborate with the district attorney, courts, law enforcement officials or other appropriate agencies in accordance with the Adult Protective Services or Resident Abuse and Neglect Acts and other statutes; and (4) their right to refuse to participate in the investigation. E. The department establishes reasonable timeframes to complete investigations and collects evidence, records observations and other information that may be used in substantiating or un-substantiating the allegations in the report. F. The department has the authority to intervene, when necessary, including emergency removal, initiating court petitions and providing short-term services when funds are available. G. The department creates documentation on each case, staffs each case with an adult protective services supervisor and, when appropriate, creates a service plan. H. The department uses a preponderance of evidence to make a determination in every case and substantiates or un-substantiates every allegation. I. The department will notify the alleged perpetrator(s) of the determination of the case by mail. In the event the allegation is substantiated, the perpetrator may request an administrative review of the case within 10 days of the receipt of the letter in accordance with this part eponderance of evidence to make a determination in every case and substantiates or un-substantiates every allegation. I. The department will notify the alleged perpetrator(s) of the determination of the case by mail. In the event the allegation is substantiated, the perpetrator may request an administrative review of the case within 10 days of the receipt of the letter in accordance with this part. Based upon the facts and circumstances of the investigation, the department need not send a letter in all cases of substantiated self neglect.