New Mexico Administrative Code
Title 8 - SOCIAL SERVICES
Chapter 14 - JUVENILE JUSTICE
Part 14 - NEW MEXICO JUVENILE DETENTION STANDARDS
Section 8.14.14.11 - JUVENILE RECORDS
Current through Register Vol. 35, No. 18, September 24, 2024
A. The center shall have written policies and procedures consistent with state and federal laws to provide individuals and agencies access to records for the purposes of research, evaluation, and statistical analysis in accordance with a formal written agreement that authorizes access, specifies uses of data, ensures confidentiality, and supports security.
B. The center shall have written policies and procedures which govern record management, including the establishment, utilization, content, privacy, security, and preservation of records; and a schedule for the retirement or destruction of inactive case records consistent with state record requirements. These policies and procedures shall be reviewed annually.
C. The center shall have written policies and procedures to protects the juvenile's assets and provide accountability for the protection of the juvenile's assets, including the segregation of client's funds.
D. The center shall have written policies and procedures for an admittance record that is completed for every juvenile and contains the following information:
E. The center shall have written policies and procedures governing record management for every juvenile and contains the following information:
F. There shall be a single master file identifying all juveniles detained in the center. Its contents shall be identified and separated according to an established format by the center.
G. The center shall use a release of information form that complies with applicable state and federal laws. The juvenile's parent/guardian/custodian or the court shall sign a release of information form before any release of information, including records and images, to the public. Once signed, a copy of the release of information form is maintained in the juvenile's record. Without parental or court consent, no records, images, or information about adjudicated juveniles shall be released if, by law, it is to be sealed in the future. Without parental or court consent, no information, including records and images about pre-adjudicated juveniles, shall be released. Images include any photographs, mug-shots, and video.
H. The center shall have written policies and procedures that safeguard records from unauthorized and improper disclosure. Manual records are marked "confidential" and kept in locked files that are also marked "confidential". Computerized/automated records are confidential and protected. All information is subject to disclosure to the department.