New Mexico Administrative Code
Title 8 - SOCIAL SERVICES
Chapter 371 - DEVELOPMENTAL DISABILITIES
Part 8 - (APPENDIX B) DISPUTE RESOLUTION PROCESS
Section 8.371.8.11 - PRELIMINARY MATTERS

Universal Citation: 8 NM Admin Code 8.371.8.11

Current through Register Vol. 35, No. 18, September 24, 2024

A. Prior to or at the facility IPP or community ISP meeting, the social worker or case manager shall explain the DRP to the individual, the parent/guardian and helper, if any. Prior to or at the initial meeting of the transition interdisciplinary team (TIDT), the case manager shall explain the DRP to the individual, the parent/guardian and helper, if any.

B. Team meetings are intended to be the primary and most effective means of addressing and resolving planning issues. Therefore, all team members are encouraged to participate actively in meetings and in the development of proposed plans.

C. Completed plans shall be distributed as follows:

(1) The completed proposed IPP shall be mailed or delivered, within 30 days of completion, to all team members and to the individual's or the parent's/ guardian's chosen representative, if any.

(2) The completed proposed ITP shall be mailed or delivered, within 14 days of completion of the proposed ITP, to all TIDT members, to plaintiffs and to intervenors if the parent/guardian of the individual is an intervenor.

(3) The completed ISP shall be mailed or delivered to all team members and to the individual's or the parent's/ guardian's chosen representative within 30 days of the meeting.

D. Although the DRP contains time lines requiring rapid response, such time lines are not intended to reduce the potential for resolving disputes or limiting the involvement of the individual. Thus, for good cause, any person who is responsible for accomplishing a task within a specified time described in 8.371.8.12 NMAC may request a reasonable extension of time from the Jackson coordinator or dispute resolution process coordinator, as appropriate. No extensions of time may be granted to accomplish the informal resolution activities described in Subsection B of 8.371.8.12 NMAC. Absent extraordinary circumstances, extensions of time for the activities described in Subsection C of 8.371.8.12 NMAC shall not exceed 20 days. Grant or denial of a request for an extension of time shall be in writing.

E. Any party initiating the DRP may terminate the process at any time as to the matters raised by that party by withdrawing all pending objections.

F. The DRP is ordinarily intended to be accomplished without the involvement of legal counsel, but the parties may be represented by legal counsel of their choosing at their own expense.

G. Implementation of the plan shall proceed even though there is a DRP in progress except as provided below in Subsection F of 8.371.8.12 NMAC.

H. If the individual has a helper who has participated in a meeting on the individual's behalf, such helper may initiate a facilitated conference or administrative hearing and assist the individual in the DRP only on behalf of the individual and consistent with the wishes of the individual.

I. The plaintiffs, intervenors or other chosen representative of an individual or parent/guardian may initiate a facilitated conference or administrative hearing on behalf of the individual or parent/guardian only if doing so is consistent with the wishes of the individual or the parent/ guardian.

J. Notice required to be given to the individual shall also include notice to the individual's helper and representative, if any. Notice required to be given to the parent/guardian shall also include notice to the parent's/guardian's representative, if any. If notice is to be provided to the intervenors, it shall be provided to intervenor's counsel. If notice is to be provided to plaintiffs, it shall be provided to the protection and advocacy system.

K. Any party claiming substantial failure to implement a plan shall request the QMRP or the case manager, as appropriate, to convene a special meeting of the relevant team members prior to initiating the DRP. The meeting shall be held within 10 days.

(1) The team may adopt additional strategies to fully implement the existing plan.

(2) Any actions or additional strategies adopted by the team shall not affect the party's right to initiate a DRP challenging the failure to substantially implement the plan. The time for filing a DRP shall run from the date of the special meeting.

Disclaimer: These regulations may not be the most recent version. New Mexico may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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