New Mexico Administrative Code
Title 8 - SOCIAL SERVICES
Chapter 371 - DEVELOPMENTAL DISABILITIES
Part 8 - (APPENDIX B) DISPUTE RESOLUTION PROCESS
Section 8.371.8.6 - OBJECTIVE

A. These regulations amend the authority's previously adopted provisions for resolution of disputes arising from the community transition plans of individuals residing at Fort Stanton hospital and training school and Los Lunas hospital and training school. They provide a process for informal resolutions and administrative hearings as well as for suspending the implementation of challenged provisions of an individual's transition or program plan during the time period necessary to allow the dispute to be heard and decided. These amendments reflect the authority's cumulative experience in resolving disputes arising from the transition process.

B. These regulations are promulgated, in part, to satisfy requirements arising from the implementation of the decision in Jackson, et al. v. Fort Stanton, et al., N.M. Dist. Ct. No. Civ. No. 87-839. The transition process appearing in these regulations has evolved over time, initially appearing as Appendix B to the Jackson management manual and later as authority regulations under the title Jackson Dispute Resolution (DRP) process for individual transition plans, Appendix B, HCA 93-1 (DDD). These regulations incorporate certain agreements reached by the parties, including the authority, to the Jackson lawsuit.