New Mexico Administrative Code
Title 8 - SOCIAL SERVICES
Chapter 11 - ADULT PROTECTIVE SERVICES
Part 3 - ADULT PROTECTIVE SERVICES INVESTIGATIONS
Section 8.11.3.13 - INITIATING, INVESTIGATING, ASSESSING, DOCUMENTING, SERVICE PLANNING, STAFFING AND MAKING A DETERMINATION
Current through Register Vol. 35, No. 18, September 24, 2024
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:
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:
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. Based upon the facts and circumstances of the investigation, the department need not send a letter in all cases of substantiated self neglect.