Section 7. Definitions

A. “action plan” means a written document in response to a sanction submitted by the facility to the department for approval which states those actions that the program implements, with specific time frames and responsible parties for each, to correct the deficiencies found by the department in the previous on-site visit or review of documents. B. “adjudicate” means to make a finding of whether a child committed a delinquent act. C. “administrator” means the person in charge of the daily operation of the facility. The administrator may be the person named on the certification or an authorized representative of the applicant and/or designee. D. “annual certification” is an authorization to a facility 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 and/or the inspection of the facility by the department, unless a complaint is received during the certification period that warrants the issuance of a sanction. E. “appearances” means the act of the hearing officer in recording, for the record, the names of person(s) appearing at the hearing and their representatives, if any. F. “appellant” means the party seeking review of a final decision of the department. G. “applicant” means the county, municipality or other facility operator, in whose name a certification for a facility has been issued and who is legally responsible for compliance with applicable laws, standards or regulations. H. “application” means the forms, attachments and other writings and drawings required to be completed as part of the process of granting or denying an annual certification or provisional certification. I. “authority” means the New Mexico Children’s Code, Section 32A-2-5; 32A-2-9; 32A-2-11 as amended. J. “burden of proof” the burden of persuasion is on the party to convince the hearing officer of all elements of the case by a preponderance of the evidence tings and drawings required to be completed as part of the process of granting or denying an annual certification or provisional certification. I. “authority” means the New Mexico Children’s Code, Section 32A-2-5; 32A-2-9; 32A-2-11 as amended. J. “burden of proof” the burden of persuasion is on the party to convince the hearing officer of all elements of the case by a preponderance of the evidence. K. “capacity” means the number of beds available to the facility as established through certification standards without a waiver provision. L. “certification” means the document issued by the department which authorizes the operation of a facility pursuant to certification standards. The term “certification” may include an annual certification and 8.14.15 NMAC 1 provisional certification. M. “collated facility” means a facility 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 federal and state requirements for a collocated facility are met. No facility that is not an existing collocated facility, as of December 31, 1993, shall be certified as a collocated facility after that date. N. “deficiency” means a violation of, or failure to, comply with a provision(s) of these regulations. O. “denial of an application and denial of annual certification” means action by the department refusing to grant an annual certification or provisional certification. P. “department” means the New Mexico Children, Youth and Families Department. Q. “detention screening tool” means the instrument used to guide the detention decision. R. “direct care staff” means an employee of the facility who provides supervision, security, custody and control of facility residents; this excludes contractual personnel and volunteers. S. “directed action plan” means an action plan related to a sanction that the department writes and specifies that the facility must enforce within the specific time frame. T used to guide the detention decision. R. “direct care staff” means an employee of the facility who provides supervision, security, custody and control of facility residents; this excludes contractual personnel and volunteers. S. “directed action plan” means an action plan related to a sanction that the department writes and specifies that the facility must enforce within the specific time frame. T. “direct supervision” means direct care staff who provide direct supervision, observation, interaction and programming by being physically present with juveniles at all times. U. “director” means the Director of the Juvenile Justice Division of the New Mexico Children, Youth and Families Department. V. “emergency suspension of certification” means the department’s prohibition of operation of a facility 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 human health and safety. W. “facility” means all juvenile detention facilities required to be certified by the department by authority of the New Mexico Children’s Code, Section 32A-2-4, NMSA 1978, as amended. X. “final decision” means the written document following a hearing, stating the final determination of the secretary. Y. “five-day hearing” means the hearing noted in the emergency suspension order and notice of hearing. See the definition of “emergency suspension of certification” above. Z. “health and safety deficiencies” means non-compliance with any standard which relates to conditions or circumstances leading to death, physical harm, or psychological harm to recipient(s) of services or any pervasive conditions that pose a threat to the physical safety of occupants, or any pervasive neglect of residents or abuse of residents or the pervasive detainment of status offenders. AA . Z. “health and safety deficiencies” means non-compliance with any standard which relates to conditions or circumstances leading to death, physical harm, or psychological harm to recipient(s) of services or any pervasive conditions that pose a threat to the physical safety of occupants, or any pervasive neglect of residents or abuse of residents or the pervasive detainment of status offenders. AA. “hearing officer” means a person the secretary designates to conduct pre-hearing conferences, hearings, and issue reports and recommendations, based on the information produced at the hearing. BB. “imminent danger” means a danger which could reasonably be expected to cause death or serious harm to detained juveniles or staff and which requires immediate correction. CC. “inspection” means an entry into, and examination of the facility’s premises, records, including staff interviews, interviews with juveniles, and any relevant information needed to show compliance with these standards. DD. “juvenile” means any person who is less than eighteen (18) years old. EE. “certifying authority” means the Children, Youth and Families Department. FF. “long term” means a separate or collocated facility certified to detain juveniles for longer than a (72) hour period. GG. “maintenance” means the care of building(s), by keeping them in a repaired and safe condition and the grounds in a safe, sanitary and presentable condition. HH. “management” means the juvenile detention center manager, supervisor, superintendent or administrator. II. “official notice” means information concerning the status of a facility’s certification. JJ. “partial compliance” means that a facility 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. KK uperintendent or administrator. II. “official notice” means information concerning the status of a facility’s certification. JJ. “partial compliance” means that a facility 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. KK. “prospective applicant” means the county, municipality or other facility operator, in whose name a certification for operation of a facility is submitted. The prospective applicant may be represented by the administrator or supervisor of the facility. LL. “provisional certification” means a temporary certification, not to exceed two (2) consecutive one hundred twenty (120) day provisional certifications, to operate a facility. 8.14.15 NMAC 2 MM. “recipient” means the person or entity who receives service of notice. NN. “revocation of certification” means the department’s prohibition of operation of a facility by withdrawal of a certification. OO. “sanctions” means a measure imposed by the department for a violation(s) of certification standards. PP. “standard of compliance” means the degree of compliance required by these regulations is designated by the use of the words shall and 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. QQ. “secretary” means the secretary of the New Mexico Children, Youth and Families Department. RR. “serious incident” means environmental hazards, arrest or detention or situations that require emergency services. Environmental hazards include unsafe conditions which create immediate threat to life or safety, including but not limited to fire and contagious disease requiring quarantine department. QQ. “secretary” means the secretary of the New Mexico Children, Youth and Families Department. RR. “serious incident” means environmental hazards, arrest or detention or situations that require emergency services. Environmental hazards include unsafe conditions which create immediate threat to life or safety, including but not limited to fire and contagious disease requiring quarantine. Emergency services include unanticipated admission to a hospital, other psychiatric facility, or the provision of emergency services including, but not limited to, treatment for broken bones, cuts requiring sutures, poisoning, contagious diseases requiring quarantine, burns requiring specialized medical treatment, medication under-dose or overdose requiring treatment, or incidents between residents or residents and staff resulting in physical or psychological harm or which could result in psychological harm, or a confrontation between staff(s) or resident(s) that results in any restraint, use of force or behavior-management technique, or other conditions requiring specialized treatment at an urgent care center, emergency room or by EMS. SS. “severability” means if any part or application of these regulations is held invalid, the remainder or its application to other situations or persons shall not be effected. TT. “six (6) hour certification” means a certified facility that may only detain juveniles for no more than a six (6) hour period for the purpose of arranging transportation and/or release. UU. “forty-eight (48) hour certification” means a certified facility that may only detain juveniles for no more than forty-eight (48) hour period for the purpose of arranging transportation and/or release. VV. “status offender” means a runaway, a truant, and/or a juvenile who has committed a status offense that is not classified a delinquent act (exception: out-of-state runaway juveniles as mandated by state and/or federal law). WW ation” means a certified facility that may only detain juveniles for no more than forty-eight (48) hour period for the purpose of arranging transportation and/or release. VV. “status offender” means a runaway, a truant, and/or a juvenile who has committed a status offense that is not classified a delinquent act (exception: out-of-state runaway juveniles as mandated by state and/or federal law). WW. “substantial compliance” means that a facility is found to meet the Conditions of Participation, without deficiencies, or with minor to few non-health and safety deficiencies, and is able to receive Full Certification. XX. “suspension of certification” means the Department’s prohibition of operation of a facility for a stated period of time through withdrawal of the certification, after notice and an opportunity for a hearing. YY. “supervision” means the direct observation and guidance by adult staff at all times by being physically present with the juveniles and/or through video monitoring with direct observation. ZZ. “usage” means the masculine pronoun includes the feminine and neuter, and, the singular number includes the plural and the plural includes the singular. AAA. “waiver” means a temporary or provisional certification to operate a facility which is in non- conformance with the Standards for a period of time set by the Secretary. A waiver from the Department may be granted to a facility for up to two (2) years only. Any request for a waiver for re-certification of a waiver, denied by the Department is not subject to the hearing process and procedures. BBB. “working days” means when determining compliance with various deadlines in these regulations, Monday through Friday, of each calendar week, excluding state observed holidays. [8.14.15.7 NMAC - N, 7/31/01] 8.14.15.8 LEGAL AUTHORITY A. The following regulations are promulgated by the New Mexico Children, Youth and Families Department pursuant to 32A-2-4,N.M.S.A 1978 comp. as amended procedures. BBB. “working days” means when determining compliance with various deadlines in these regulations, Monday through Friday, of each calendar week, excluding state observed holidays. [8.14.15.7 NMAC - N, 7/31/01] 8.14.15.8 LEGAL AUTHORITY A. The following regulations are promulgated by the New Mexico Children, Youth and Families Department pursuant to 32A-2-4,N.M.S.A 1978 comp. as amended. These are rules and regulations concerning the basic operations of juvenile detention centers in New Mexico. B. Administration and Enforcement Responsibility: The Department shall have access to the administrator or designee and the facility for inspection of the facility for compliance with these regulations and standards, upon appropriate identification. C. All secure juvenile detention facilities must comply with Department Standards and these rules and regulations. Compliance is determined during annual inspections or more frequently when warranted. 8.14.15 NMAC 3 D. The facility shall meet all applicable certification requirements, and applicable state and federal laws. E. Confidentiality: Written policy and procedure shall provide that records are safeguarded from unauthorized and improper disclosure. Manual records are marked “confidential” and kept in locked files that are also marked “confidential”. Written policy and procedure provide that when any part of the information system is computerized, confidentiality of records is maintained. [8.14.15.8 NMAC - N, 7/31/010] 8.14.15.9 STANDARDS A. Standards for detention facilities shall be promulgated by publishing notice of the proposed adoption of new or revised standards in the Albuquerque Journal and Las Cruces Sun News at least twenty (20) days before the date of a public hearing. B. The notice shall comply with NM rules and regulations for the adoption of such standards aintained. [8.14.15.8 NMAC - N, 7/31/010] 8.14.15.9 STANDARDS A. Standards for detention facilities shall be promulgated by publishing notice of the proposed adoption of new or revised standards in the Albuquerque Journal and Las Cruces Sun News at least twenty (20) days before the date of a public hearing. B. The notice shall comply with NM rules and regulations for the adoption of such standards. At a minimum, the notice shall consist of where the proposed Standards may be obtained, location of public hearing, the dates and time of such hearing and the proposed adoption date of the Standards. The public hearing shall be held in Santa Fe, New Mexico. [8.14.15.9 NMAC - N, 7/31/01] 8.14.15.10 GENERAL PROVISIONS A. TYPES OF CERTIFICATIONS (1) FULL CERTIFICATION: Is granted to a facility currently serving clients and determined to be in substantial compliance with the Certification Standards. If there are minor to few non-health and safety standards deficiencies, the Department directs a facility to correct deficiencies through the submission of a Department approved Action Plan within the time frame specified. The program produces proof of correction through submission of appropriate and relevant documentation or by subsequent on-site review. This certification status lasts for twelve (12) months and is renewed prior to the expiration date. (2) PROVISIONAL (TEMPORARY) CERTIFICATION: Is granted to a facility determined to be in partial compliance with the certification standards. B. A temporary certificate covers, depending upon the severity/chronicity of the deficiencies and at the discretion of the Department, any period of time up to one hundred twenty (120) days. During this certification period the facility meets the Conditions of Participation. The facility also submits an Action Plan within fourteen (14) days of receipt of the Department certification report. The Department approves the action plan , depending upon the severity/chronicity of the deficiencies and at the discretion of the Department, any period of time up to one hundred twenty (120) days. During this certification period the facility meets the Conditions of Participation. The facility also submits an Action Plan within fourteen (14) days of receipt of the Department certification report. The Department approves the action plan. The facility is then either inspected on-site again, or is required to submit proof of correction through submission of appropriate and relevant documentation within the time frame the Department specifies. C. If the facility does not meet certification requirements at the end of the temporary certification period, a sanction is imposed along with a second temporary certification or the temporary certification expires. Only two (2) consecutive temporary certifications are granted. D. RENEWAL: Applicant must submit a request for certification, or renewal of certification to the Director upon the forms approved by the Department. Applications for renewal of certification must be submitted one month prior to date of expiration. E. AMENDED CERTIFICATE: Is granted to facilities currently serving clients that has a change of applicant. The new applicant applies to the Department for an amended certificate. The existing expiration date applies. (1) A request for an amended certificate is submitted in writing to the Director upon the forms approved by the Department. (2) A request for an amended certificate is submitted within ten (10) working days of the change. F. No juvenile detention may operate unless certification is received. G. TYPES OF SANCTIONS (1) Action Plan with monitoring. The Department directs a Facility to correct deficiencies within the time frame specified by the Department through the submission of an Action Plan approved by the Department. (2) A request for an amended certificate is submitted within ten (10) working days of the change. F. No juvenile detention may operate unless certification is received. G. TYPES OF SANCTIONS (1) Action Plan with monitoring. The Department directs a Facility to correct deficiencies within the time frame specified by the Department through the submission of an Action Plan. At the discretion of the Department, the Action Plan can be written by the Facility and approved by the Department or it may be a Directed Action Plan that the Department writes and is enforced by the Facility within the time frame specified by the Department. The Facility produces proof of correction through submission of appropriate and relevant documentation. The Department may conduct an on-site inspection to review the Facility with emphasis on the previously noted deficiencies. An Action Plan may involve the appointment of a monitor who determines 8.14.15 NMAC 4 compliance with the action plan and if corrective steps are taken to remedy violation of a systematic level. The detention facility pays for all costs associated with the process. The monitor will be selected by the Department (2) Denial of Certification: The Department denies initial certification, renewal of certification or revokes the certification based on existing and or history of violations of the Standards. A facility may not apply for certification for a period of six (6) months after denial of certification. (3) Emergency Suspension: The Departments suspends certification immediately based on health and safety deficiencies. (4) Letter of Correction: A letter informing a Facility of deficiencies that are to be corrected before the next inspection and which a sanction was not imposed at the time of initial inspection. (5) Suspension: The Department suspends certification for a specified period of time pending correction of deficiencies. H ments suspends certification immediately based on health and safety deficiencies. (4) Letter of Correction: A letter informing a Facility of deficiencies that are to be corrected before the next inspection and which a sanction was not imposed at the time of initial inspection. (5) Suspension: The Department suspends certification for a specified period of time pending correction of deficiencies. H. CONSIDERATION FOR IMPOSITIONS OF SANCTIONS (1) health and safety of juveniles and staff, (2) abuse, neglect or exploitation of juveniles, (3) regulatory violations which immediately affect the health and safety of the juveniles, (4) number of violations of standards, (5) repetitive violations of standards, does not have to be on consecutive inspections, (6) failure to correct violations found on previous visits in which a sanction was not imposed but a letter of correction was issued, (7) history of non-compliance, (8) non-disclosure and or deceit regarding condition of facility, records or services provided, and (9) violation of Standards. I. In the event of closure of a detention facility is proposed, the detention facility shall cooperate with the orderly transfer of residents, provide all records related to the resident to CYFD, and fully cooperate with any instruction from the Department.