New Mexico Administrative Code
Title 8 - SOCIAL SERVICES
Chapter 14 - JUVENILE JUSTICE
Part 23 - CONFIDENTIALITY OF CLIENT RECORDS
Section 8.14.23.9 - DELINQUENCY RECORDS REQUESTS
Current through Register Vol. 35, No. 6, March 26, 2024
Juvenile justice services client records are confidential and can only be disclosed pursuant to a valid court order, except to those entities specifically entitled to access under the New Mexico Children's Code Delinquency Act. Any time a request for juvenile justice services client records is received by a facility, JPO field office, or any other departmental entity, the request is immediately forwarded to the OGC records custodian.
A. Once received by the OGC records custodian, the request is forwarded to an assistant general counsel in the office of general counsel for review. If the assistant general counsel approves the request, the OGC records custodian corresponds with the requester and asks them to complete and return a juvenile justice services request for disclosure of confidential information form and any required HIPAA or other release forms, as below.
B. If the forms are returned, the OGC records custodian requests copies of the client records from the appropriate facility for review by the OGC assistant general counsel. The OGC assistant general counsel is responsible for ensuring that records are released only as allowed by the Children's Code Delinquency Act, including types of records, the manner of release, and the person(s) released to.
C. When allowing access to an authorized entity, all attorney-client privileged information and all internal records of the department found within client records, including case narrative notes, email correspondence, and other internal correspondence, shall be stricken or otherwise not included in the disclosure.
D. Juvenile justice services records or information shall not be released pursuant to a subpoena, because subpoenas do not reflect a determination by a children's court judge that the requesting party has a legitimate interest in the case or the work of the court, as required by the New Mexico Children's Code Delinquency Act.
