New Mexico Administrative Code
Title 8 - SOCIAL SERVICES
Chapter 14 - JUVENILE JUSTICE
Part 14 - NEW MEXICO JUVENILE DETENTION STANDARDS
Section 8.14.14.7 - DEFINITIONS
Universal Citation: 8 NM Admin Code 8.14.14.7
Current through Register Vol. 35, No. 18, September 24, 2024
A. Terms beginning with the letter "A":
(1)
"Abuse and neglect" perpetrated by an adult on a child/juvenile,
as defined in the Children's Code.
(2) "Action plan " a written
document in response to a sanction submitted by the center to the department
for approval which states the actions that the center plans to implement, with
specific time frames and responsible parties for each, to correct the
deficiencies found by the department in a previous inspection or review of
documents.
(3)
"Adjudicate" to make a finding of whether a juvenile committed a
delinquent and/or criminal act.
(4)
"Administrator" the person in charge of the daily operation of the
center. The administrator may be the person named on the certification or an
authorized representative of the applicant or designee.
(5) "Annual certification" is an
authorization for a center 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 or the inspection of the center by the
department, unless a complaint is received during the certification period that
warrants the issuance of a sanction.
(6) "Applicant" the county,
municipality, or other center operator or administrator in whose name a
certification for a center has been issued and who is legally responsible for
compliance with applicable standards.
(7) "Application" the forms,
attachments, documents, and drawings required as part of the process of
granting or denying an annual certification or provisional
certification.
(8)
"Authority" the Children's Code.
B. Terms beginning with the letter "B": [RESERVED]
C.Terms beginning with the letter "C":
(1)
"Capacity" the number of beds available for juveniles in the
center as established through certification standards without a waiver
provision.
(2)
"Certification" the document issued by the department which
authorizes the operation of a center pursuant to these detention standards. The
term "certification" may include an annual certification and/or a provisional
certification.
(3)
"Certifying authority" the New Mexico children, youth and families
department.
(4)
"Chemical
restraints" aerosols, sprays, or foggers used on juveniles, including
mace and pepper sprays, not including pharmaceutical restraints administered by
a medical provider.
(5)
"Collocated center" a center 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 state and federal
requirements for a collocated center are met. No center that is not an existing
collocated center, as of December 31, 1993, shall be certified as a collocated
center.
D. Terms beginning with the letter "D":
(1)
"Deficiency" a violation of or failure to comply with these
standards.
(2) "Delinquent
offender" a delinquent child (under the age of 18) who is subject to
juvenile sanctions only and who is not a youthful offender or a serious
youthful offender, as defined in the Delinquency Act.
(3) "Denial of an application and
denial of annual certification" action by the department refusing to
grant an annual certification or provisional certification.
(4) "Department" the New Mexico
children, youth and families department.
(5)
"Detention center" Detention
facility, as defined in the Delinquency Act.
(6) "Direct care staff" staff of
the center who provide supervision, security, custody, and control of center
juveniles; this excludes contractors, volunteers, and student
interns.
(7) "Direct
supervision" direct care staff who provide direct supervision,
observation, interaction, and programming by being physically present with
juveniles at all times.
(8)
"Director" the director of the juvenile justice services division
of the New Mexico children, youth and families department.
E. Terms beginning with the letter "E": "Emergency suspension of certification" the department's prohibition of the operation of a center 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 health and safety of staff and/or juveniles.
F. Terms beginning with the letter "F":
(1) "Final
decision" the written document following a hearing stating the final
determination of the secretary.
(2)
"Five-day hearing" the hearing noted in the emergency suspension
and notice of hearing.
G. Terms beginning with the letter "G": [RESERVED]
H. Terms beginning with the letter "H":
(1)
"Health and safety deficiencies" non-compliance with any standard
which relates to conditions or circumstances leading to death, physical harm,
or psychological harm to juveniles; any pervasive conditions that pose a threat
to the physical safety of juveniles; any pervasive neglect or abuse of
juveniles; or the pervasive detainment of status offenders.
(2) "Hearing officer" a person
the secretary designates to conduct pre-hearing conferences and hearings, and
to issue reports and recommendations, based on the information produced at the
hearing.
I.
Terms beginning with the
letter "I":
(1)
"ICJ"
interstate compact on juveniles is a contract between states that regulates
interstate movement of juveniles under court supervision, who have run away
from home, or who have left their state of residence.
(2) "Inspection" an entry into,
and examination of, the center's premises, records, including interviews with
staff and juveniles, and any relevant information needed to show compliance
with these standards.
J. Terms beginning with the letter "J": "Juvenile" generally any person who is younger than 18 years of age; however, for the purposes of these standards, a "juvenile" refers to any individual held in a juvenile detention center.
K. Terms beginning with the letter "K": [RESERVED]
L. Terms beginning with the letter "L": [RESERVED]
M. Terms beginning with the letter "M":
(1) "Maintenance" keeping
building(s) and grounds in a repaired, safe, sanitary, and presentable
condition.
(2)
"Management" the juvenile detention center manager, supervisor,
director, superintendent, or administrator.
N. Terms beginning with the letter "N": [RESERVED]
O. Terms beginning with the letter "O": "Official notice" information concerning the status of a center's certification.
P. Terms beginning with the letter "P":
(1)
"Partial compliance" that a center 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.
(2)
"PREA"prison rape
elimination act.
(3)
"Prospective applicant " the county, municipality, or other center
operator or administrator, in whose name a certification for operation has been
submitted.
(4) "Provisional
certification" a temporary certification, not to exceed two consecutive
120-day provisional certifications, to operate a center.
Q. Terms beginning with the letter "Q": [RESERVED]
R. Terms beginning with the letter "R":
(1)
"RAI" risk assessment instrument.
(2) "Recipient" the person or
entity who receives service of notice.
(3) "Revocation of
certification" the department's prohibition of operation of a center by
withdrawal of a certification.
(4)
"Room confinement" when a juvenile is in a room by force,
security, or staff direction and is not permitted to come out without staff
instruction.
S. Terms beginning with the letter "S":
(1) "Sanctions" a measure
imposed by the department for violations of these standards.
(2)
"SARA" screenings,
admissions, and releases applications.
(3) "Secretary" the cabinet
secretary of the New Mexico children, youth and families department.
(4) "Serious incident"
Environmental hazards; medical emergencies requiring transport, regardless of
admission to a clinic or hospital; quarantine; serious injury or illness
requiring medical intervention or treatment; behavioral health issues,
including suicide ideation, suicide attempt, or transport to a behavioral
health facility for evaluation, treatment, or placement; serious contraband
(e.g., weapons, narcotics); violent acts by a client regardless of the victim;
escapes; lockdowns; and abuse and neglect of a juvenile as defined by the
Children's Code. Serious Incidents are reported to the local juvenile probation
officer supervisor and the department's detention compliance monitor within 24
hours of the incident or by the next business day via email or by fax if the
report contains protected information. Additionally, detention centers are
responsible for taking appropriate actions, notifying law enforcement, and
investigating when necessary.
(5)
"Serious youthful offender" a person (age 15-18) who is charged
with and indicted or bound over for trial for first degree murder, as defined
in the Delinquency Act.
(6)
"Soft restraints" fabric devices that utilize Velcro to restraint
individuals without restricting breath. While in an approved soft restraint,
the juvenile must be afforded some movement and not be restricted to one
particular position. Approved soft restraints do not employ metal buckles or
fasteners or in any way attach the juvenile's legs and/or ankles to the
torso.
(7) "Standard of
compliance" the degree of compliance required by these standards is
designated by the use of the words shall, 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.
(8) "Status
offender" a juvenile who has been charged with or adjudicated for
conduct which would not, under the law of the jurisdiction in which the offense
was committed, be a crime if committed by an adult. (See also
28
CFR 31.304.)
(9) "Substantial compliance"
that a center is found to meet the conditions of participation, without
deficiencies, or with minor or few non-health and safety deficiencies, and is
able to receive full certification.
(10) "Suspension of
certification" the department's prohibition of operation of a center for
a stated period of time through withdrawal of the certification, after notice
and an opportunity for a hearing.
(11) "Supervision" direct
observation and guidance by staff by being physically present with the
juveniles.
T. Terms beginning with the letter "T": [RESERVED]
U.
Terms beginning with the letter "U":
[RESERVED]
V.
Terms beginning with
the letter "V": [RESERVED]
W.
Terms beginning with the letter "W": "Waiver" a
temporary or provisional certification to operate a center which does not
conform with the standards for a period of time set by the secretary. A waiver
from the department may be granted to a center for a maximum of two years. Any
request for a waiver for re-certification of a waiver, denied by the department
is not subject to the hearing process and procedures.
X. Terms beginning with the letter "X": [RESERVED]
Y. Terms beginning with the letter "Y": "Youthful offender" a delinquent child subject to adult or juvenile sanctions who is age 14-18 at the time of the offense and who is adjudicated for offenses contained and defined in the Delinquency Act.
Z.
Terms beginning with
the letter "Z": [RESERVED]
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