N.M. Stat. § 9-29-10
Family, infant, toddler program.
A. As used in this section:
(1)
"early intervention programs" means programs, including physical
development, communications development, adaptive development, social and
emotional development and sensory development programs, designed to meet the
developmental needs of eligible children;
(2)
"eligible child" means a child from birth to age thirty-six months with
developmental delay or who, according to department of health-established criteria, is at
risk of developmental delay; and
(3)
"program" means the family, infant, toddler program.
B. The department is the lead state agency for the program. Through the program,
the department shall develop and administer a statewide system of comprehensive,
coordinated, multidisciplinary and interagency early intervention programs to eligible
children.
C. The parent of an eligible child may choose whether to enroll the child in the
program.
D. The children, youth and families department, the department of health, the
human services department [health care authority department], the public education
department and other publicly funded providers of services to eligible children shall
collaborate with the department to provide program services and shall establish the
division of responsibilities for providing those services in interagency agreements.
E. The secretary shall comply with the federal Individuals with Disabilities Education
Act, Part C, contingent on participation by the state, including by:
(1)
establishing related policies and promulgating program rules;
(2)
implementing procedures to ensure that program services are timely
delivered;
(3)
administering and overseeing the program;
(4)
resolving complaints related to the program;
(5)
maintaining and expanding interagency and state and local coordination in
implementing the program;
(6)
identifying and coordinating resources for delivering early intervention
programs through the program; and
(7)
establishing minimum requirements to qualify personnel to deliver services
through the program.
F. The department is the custodian of money received by the state from the federal
government for the purpose of implementing the federal Individuals with Disabilities
Education Act, Part C.