New Mexico Administrative Code
Title 8 - SOCIAL SERVICES
Chapter 371 - DEVELOPMENTAL DISABILITIES
Part 8 - (APPENDIX B) DISPUTE RESOLUTION PROCESS
Section 8.371.8.7 - DEFINITIONS

Universal Citation: 8 NM Admin Code 8.371.8.7

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

A. "Coordinator": The Jackson coordinator or the dispute resolution process coordinator or their designees.

B. "Days": Calendar days, except where otherwise specified.

C. "Defendants": The defendants in Jackson et al. v. Fort Stanton, et al., Civ. No. 87-839 JP who are represented by the attorney general. If notice is to be provided to the defendants, it shall be provided to the attorney general.

D. "Division": The developmental disabilities division of the health care authority. If notice is to be provided to the division it shall be provided to the Jackson coordinator.

E. "Dispute resolution process coordinator": The developmental disabilities division employee who, under the supervision of the Jackson coordinator, is responsible for the coordination and implementation of the dispute resolution process.

F. "Facility": Fort Stanton hospital and training school or Los Lunas center for persons with developmental disabilities.

G. "Helper": Someone who knows the individual's capabilities, interests, likes and dislikes, who communicates with the individual and assists the individual with communication. The helper, if any, is to be chosen by the individual or, if none is chosen by the individual and the individual does not object, by the facility's director of social work or the individual's case manager.

H. "Individual": A person currently residing in Fort Stanton hospital and training school or Los Lunas center for persons with developmental disabilities or a class member who has moved to the community in New Mexico through the ITP process.

I. "Intervenors: The members of the plaintiff-Intervenor-class in Jackson v. Fort Stanton, as they may be defined by the court and who are represented by attorneys Kent Winchester and Vernon Salvador.

J. "Jackson coordinator": The developmental disabilities division employee who is responsible for various aspects of the division's implementation of the court's orders in Jackson v. Fort Stanton.

K. "Parent/ guardian": The court-appointed guardian of an adult individual or the custodial parent(s) if the individual is a minor.

L. "Parties": The individuals and entities identified in Section 9 who may initiate the DRP. As this term is used in subsequent sections of this DRP, it also includes:

(1) The intervenors in their capacity as representative of each parent/guardian of each individual residing in Fort Stanton and Los Lunas who is a member of the plaintiff-intervenor-class, unless the parent/guardian has chosen a representative other than intervenors;

(2) The plaintiffs in their capacity as representative of each individual residing in Fort Stanton and Los Lunas who is a member of the plaintiff-class, unless the individual has chosen a representative other than plaintiffs;

(3) Any other representative chosen in place of intervenors or plaintiffs; and

(4) The office of the attorney general in its capacity as representative of the authority or the authority's office of general counsel.

(5) If a dispute involves a facility IPP or community ISP, the term "parties" does not include the intervenors or the plaintiffs. Intervenors and plaintiffs may participate in a facility IPP or community ISP dispute only as the representative of an individual or parent/guardian who chooses them to be their representative.

M. "Plaintiffs": The members of the plaintiff-class in Jackson v. Fort Stanton, as they may be defined by the court in that case, who are represented by protection and advocacy system of New Mexico.

N. "Plan": The individualized programs developed by the interdisciplinary team (IDT) including, the facility individual program plan (IPP), the individual transition plan (ITP), the interim plan developed when the authority does not approve the ITP, and the community individual service plan (ISP).

O. "Team": The facility interdisciplinary team (FIDT), the transition interdisciplinary team (TIDT) or the community interdisciplinary team (CIDT).

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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