TITLE 8 SOCIAL SERVICES
CHAPTER 10 CHILD PROTECTIVE SERVICES
PART 6 IN-HOME SERVICES
8.10.6.1 ISSUING AGENCY: Children, Youth and Families Department
(CYFD), Protective Services (PSD).
[8.10.6.1 NMAC - Rp,
8.10.6.1 NMAC, 10/30/08; A, 02/29/12]
8.10.6.2 SCOPE: Protective services division employees and
the general public.
[8.10.6.2 NMAC - Rp,
8.10.6.2 NMAC, 10/30/08; A, 02/29/12]
8.10.6.3 STATUTORY AUTHORITY: Children, Youth and Families Department Act,
Section 9-2A-7 D, NMSA 1978; New Mexico Children’s Code, Section 32A-1-1, NMSA
1978
[8.10.6.3 NMAC - Rp,
8.10.6.3 NMAC, 10/30/08; A, 02/29/12]
8.10.6.4 DURATION: Permanent
[8.10.6.4 NMAC - Rp,
8.10.6.4 NMAC, 10/30/08]
8.10.6.5 EFFECTIVE DATE: October 30, 2008 unless a later date is
cited at the end of a section.
[8.10.6.5 NMAC - Rp,
8.10.6.5 NMAC, 10/30/08]
8.10.6.6 OBJECTIVE: To establish guidelines for the provision of
in-home services to families at high or moderate risk, or with a child under
the age of three, to reduce risk of maltreatment and to promote the continued
safety of children.
[8.10.6.6 NMAC - Rp,
8.10.6.6 NMAC, 10/30/08]
8.10.6.7 DEFINITIONS:
A. “Abused child” as defined in the
Children’s Code, Section 32A-4-2(B) NMSA 1978, means a child:
(1) who has suffered or
who is at risk of suffering serious harm because of the action or inaction of
the child's parent, guardian or custodian;
(2) who has suffered
physical abuse, emotional abuse or psychological abuse inflicted or caused by
the child's parent, guardian or custodian;
(3) who has suffered
sexual abuse or sexual exploitation inflicted by the child's parent, guardian
or custodian;
(4) whose parent,
guardian or custodian has knowingly, intentionally or negligently placed the
child in a situation that may endanger the child's life or health; or
(5) whose parent,
guardian or custodian has knowingly or intentionally tortured, cruelly confined
or cruelly punished the child.
B. “Case management” is
a service provided to the clients that includes, but is not limited to,
assessment of needs, reports, monitoring of progress, coordination of services,
facilitation of inter-agency collaboration and documentation of efforts to meet
the client’s needs.
C. “Client” means a person who is receiving services
from PSD.
D. “Community resources” are agencies, contractors,
individuals, and community organizers that deliver services or other support
for clients during and after PS involvement.
E. “Conditionally safe” means that one or more safety
threats have been identified that places the child in present or impending
danger of serious harm, however one or more protective capacities has been
identified to offset, mitigate or control the threat of present or impending
danger of serious harm.
F. “CYFD” refers
to the New Mexico children, youth and families department.
G. “Direct service” is a service provided by PSD staff
to an individual or family that supports one or more goals in the family plan.
H. “Emergency discretionary funds (EDF)” are funds used
to secure services or items necessary to achieve goals of the family plan.
I. “Engagement”
refers to the family’s commitment to the PSD intervention and subsequent
involvement of the family with PS and community resources throughout the case.
J. “FACTS” refers
to the family automated client tracking system (FACTS), the official data
management system for CYFD.
K. “Family assessment” is a collaborative effort between
PSD workers and the family to assess the family’s needs and protective
capacities based upon identified safety threats and risk factors.
L. “Family centered meeting” is a facilitated meeting where PSD workers and supervisors meet
with parents, guardians and others for the purpose of safety planning, case
planning and decision making.
M. “Family plan” is a plan developed by PSD in
collaboration with each household member, based on the information collected
through the family assessment, which identifies the specific changes in
behaviors and circumstances that are expected as a result of the in-home
services intervention.
N. “Foster care
candidate” is a child who is at serious risk of removal from home where PSD
is either pursuing the child’s removal from the home or making reasonable
effort to prevent the child’s removal from the home.
O. “Guardian” as defined in the Children’s Code, Section
32A-1-4(I) NMSA 1978, means a person appointed as guardian by a court or Indian
tribal authority or a person authorized to care for the child by a parental
power of attorney as permitted by law.
P. “Impending danger”
is when a child is living in a state of danger or position of continual danger
due to a family circumstance or behavior. The threat caused by the circumstance
or behavior is not presently occurring, but it can be anticipated to have
severe effects on a child at any time.
Q. “In-home services” are services provided without
court intervention that are expected to enhance the family’s ability to
function independently of PSD, improve safety for children, create stability
within the home, and develop healthy and supportive on-going community
relationships.
R. “Neglected child”
as defined in the Children’s Code,
Section 32A-4-2(E) NMSA 1978, means a child:
(1) who has been
abandoned by the child’s parent, guardian or custodian;
(2) who is without proper
parental care and control or subsistence, education, medical or other care or
control necessary for the child’s well-being because of faults or habits of the
child’s parent, guardian or custodian, or the failure or refusal of the parent,
guardian or custodian, when able to do so, to provide them;
(3) who has been
physically or sexually abused, the child’s parent, guardian or custodian knew
or should have known of the abuse and failed to take reasonable steps to
protect the child from further harm;
(4) whose parent,
guardian or custodian is unable to discharge that person’s responsibilities to
and for the child because of incarceration, hospitalization or physical or
mental disorder or incapacity; or
(5) who has been placed
for care of adoption in violation of the law; provided that nothing in the
Children’s Code (32A-1-1 NMSA 1978) shall be construed to imply that a child
who is being provided with treatment by spiritual needs alone through prayer,
in accordance with the tenets and practices of a recognized church or religious
denomination, by a duly accredited practitioner thereof is for that reason
alone a neglected child within the meaning of the Children’s Code; and further
provided that no child shall be denied the protection afforded to all children
under the Children’s Code.
S. “Parent” as defined in the Children’s Code, Section
32A-1-4(P) NMSA 1978, includes a biological or adoptive parent if the
biological or adoptive parent has a constitutionally protected liberty interest
in the care and custody of the child.
T. “Placement” is an out of home residential arrangement for the care of
children in PSD custody, which may include, but is not limited to family foster
care, relative foster care and treatment foster care, or a facility such as
residential treatment center, group home, or emergency shelter.
U. “Present danger”
means immediate, significant and observable severe harm or threat of severe
harm that is presently occurring to a child and requiring an immediate
protective services response.
V. “Protective
capacities” are those assets possessed by the parent or guardian that help
reduce, control or prevent present or impending danger of serious harm to a
child
W. “Protective services division (PSD)” refers to the protective services
division of the children, youth and families department, and is the state’s
designated child welfare agency.
X. “Risk” is the term used to describe PSD’s assessment,
based on established criteria, of the likelihood that child will be abused or
neglected by his or her parents or legal guardian.
Y. “Safe” as used in this policy means that there are no
safety threats placing the child in present or impeding danger of serious harm.
Z. “Safety plan” is a document that identifies the
strategy or group of strategies implemented to control a safety threat. It is
the intrusion into family life in the form of ongoing assessment and specific
strategies designed to match the duration and level of the safety threat up to
including the removal of the child from the home.
AA. “Structured decision making (SDM) instruments” are standardized assessments located
in FACTS that the worker completes to determine the child’s safety and risk of
abuse or neglect based upon the application of pre-determined criteria.
BB. “Unsafe” means
that one or more safety threats have been identified that place the child in
present or impeding danger of serious harm and there are not sufficient
protective capacities to offset, mitigate or control the threat of present or
impeding danger of serious harm.
CC. “Voluntary service intake (VSI)” is the category under
which an in-home services case is opened in FACTS.
[8.10.6.7 NMAC - Rp,
8.10.6.7 NMAC, 10/30/08; A, 02/29/12]
8.10.6.8 PURPOSE OF IN-HOME SERVICES:
A. The purpose of
in-home services is to promote the safety of children and reduce the risk of
the recurrence of abuse or neglect of children by their parents or guardians
without the intervention of the courts.
B. A child may not
be determined to be safe or conditionally safe solely on the basis of the
provision of in-home services.
[8.10.6.8 NMAC - Rp,
8.10.6.8 NMAC, 10/30/08; A, 02/29/12]
8.10.6.9 ELIGIBILITY:
A. A
family is eligible to receive in-home services without regard to income.
B. A family may be
eligible to receive in-home services when:
(1) the child has been
determined to be conditionally safe and the risk of child abuse or neglect has
been determined to be moderate or high; or
(2) the child has been
determined to be unsafe and the risk of child abuse or neglect has been
determined to be very low, low, moderate, or high.
C. A family with an
unsubstantiated abuse or neglect report may be eligible for in-home services
with county office manager approval.
D. A family whose child is in the legal custody of PSD
through a court order or voluntary placement is not eligible to receive in-home
services.
[8.10.6.9 NMAC - Rp,
8.10.6.9 NMAC, 10/30/08; A, 02/29/12]
8.10.6.10 FOSTER
CARE CANDIDACY DETERMINATION:
A. The IHS worker shall make a foster care candidacy determination for
each child in a family receiving in-home services. A child may be considered a
foster care candidate when a child is determined to be conditionally safe and
the risk of maltreatment is moderate or high, or when a child is determined to
be unsafe.
B. A child may
determined to be a foster care candidate at any point during the in-home
services case when there has been a change in a family’s circumstances that
affects the safety of a child.
C. Once a child has
been initially determined a foster care candidate, then the foster care candidacy
is re-determined for the child every six months.
[8.10.6.10 NMAC -
Rp, 8.10.6.10 NMAC, 10/30/08; 8.10.6.10 NMAC - N, 02/29/12]
8.10.6.11 CASE TRANSFER TO IN-HOME
SERVICES:
A. In-home
services are assigned within five working days of the disposition of the
investigation.
B. The investigation is closed within five days of case
transfer to an in-home services worker.
[8.10.6.11 NMAC -
Rp, 8.10.6.10 NMAC, 10/30/08; 8.10.6.11 NMAC - Rn, 8.10.6.10 NMAC, 02/29/12]
8.10.6.12 PROVISION OF SERVICES:
A. No
waiting list is established or maintained for in-home services.
B. Families participate in in-home services without
court intervention.
C. Services are provided to the family based on
assessment of safety of the child and risk of abuse or neglect to the child by
the parent or guardian. Services provided to the family utilize family
strengths, family resources, community resources, and PSD resources.
D. PSD favors the use of family and community services
over direct services whenever possible and appropriate.
E. In-home services are delivered as a collaborative
effort between PSD, the family, and community partners.
[8.10.6.12 NMAC -
Rp, 8.10.6.17 NMAC, 10/30/08; 8.10.6.12 NMAC - Rn & A, 8.10.6.11 NMAC,
02/29/12]
8.10.6.13 FAMILY CONTACT:
A. The in-home services worker schedules the initial
face-to-face contact with the family within 72 hours from transfer of the case
to in-home services.
B. The in-home services worker shall meet with the
family at least weekly through the duration of the case.
C. When determining the meeting frequency and other
types of intervention, safety of the child is always the first consideration.
[8.10.6.13 NMAC -
Rp, 8.10.6.12 NMAC, 10/30/08; 8.10.6.13 NMAC - Rn & A, 8.10.6.12 NMAC,
02/29/12]
8.10.6.14 IN-HOME FAMILY ASSESSMENT AND
SERVICE PLANS:
A. The
in-home services worker, in collaboration with the family, completes a family
assessment and develops a safety plan and family plan.
B. The in-home services worker, in collaboration with
the family, reviews and updates the family’s safety plan, addressing all
individuals in the family.
C. The in-home services worker completes a family
assessment and family plan for all in-home services cases.
[8.10.6.14 NMAC -
Rp, 8.10.6.12 NMAC, 10/30/08; 8.10.6.14 NMAC - Rn & A, 8.10.6.13 NMAC,
02/29/12]
8.10.6.15 CASE STAFFING AND ON-GOING
ASSESSMENT: In-home services workers
utilize staffings and conferences to develop, assess, or review plans and to
review services and the safety of a child.
[8.10.6.15 NMAC -
Rp, 8.10.6.16 NMAC, 10/30/08; 8.10.6.15 NMAC - Rn & A, 8.10.6.14 NMAC,
02/29/12]
8.10.6.16 EMERGENCY DISCRETIONARY FUNDS
(EDF): PSD may use EDF to
assist the family with the goals identified in the family plan to reduce safety
and risk factors for children in the home. EDF, when related to safety and
risk, can be used to purchase products or services such as rent or rent
deposits, utilities, clothing, transportation, food, home or car repair, and
appliance repair. EDF are dispersed according to the emergency discretionary
fund manual.
[8.10.6.16 NMAC -
Rp, 8.10.6.19 NMAC, 10/30/08; 8.10.6.16 NMAC - Rn & A, 8.10.6.15 NMAC,
02/29/12]
8.10.6.17 SUBSEQUENT REPORTS OF ABUSE OR
NEGLECT: If a report is made
to statewide central intake when there is reason to believe abuse or neglect
has occurred subsequent to the original report that resulted in providing
in-home services, then a new investigation will occur. A new investigation does
not disqualify a family from receiving in-home services. PSD may continue to
provide in-home services during and after an investigation resulting from
additional child abuse or neglect allegations if the safety of a child can be
insured.
[8.10.6.17 NMAC -
Rp, 8.10.6.20 NMAC, 10/30/08; 8.10.6.17 NMAC - Rn & A, 8.10.6.16 NMAC,
02/29/12]
8.10.6.18 FAMILY REFUSAL OF IN-HOME
SERVICES: A decision by the
family to refuse or withdraw from services does not constitute abuse or
neglect.
A. When the family refuses in-home services, the in-home
services worker, in consultation with the supervisor, reviews the results of the
safety and risk assessments as well as other pertinent information to determine
if PSD should pursue involuntary service through a court order.
B. When the family withdraws after beginning in-home
services, the worker conducts a safety assessment and a risk assessment and
reviews the results, along with information from the investigation, as well as
other pertinent information, to determine an appropriate course of action.
Action may include, but is not limited to:
(1) revision of the in-home services family
plan;
(2) case closure; or
(3) pursuit of involuntary services through a
court order.
[8.10.6.18 NMAC -
Rp, 8.10.6.14 NMAC, 10/30/08; 8.10.6.18 NMAC - Rn & A, 8.10.6.17 NMAC, 02/29/12]
8.10.6.19 DURATION OF SERVICE DELIVERY: In-home services case interventions are
provided for a maximum of 180 days, unless the in-home services worker requests
the county office manager grant a 45 day extension. The in-home services worker
documents that an extension of services would assist the family in achievement
of goals, reduce the risk of recurrent abuse or neglect, and ensure the child
is safe or conditionally safe. No more than three 45 day extensions will be
granted.
[8.10.6.19 NMAC -
Rp, 8.10.6.21 NMAC, 10/30/08; 8.10.6.19 NMAC - Rn & A, 8.10.6.18 NMAC,
02/29/12]
8.10.6.20 CASE CLOSURE: In-home services cases may be closed with no
further intervention from PSD when the structured decision making instruments
are completed and:
A. the safety
assessment instrument documents that the child is safe or conditionally safe;
B. the safety
assessment and risk assessment instruments document either no escalation of
risk, or a decrease in the risk level;
C. the goals of the
family plan have been achieved; or
D. the family
withdraws from services.
[8.10.6.20 NMAC -
Rp, 8.10.6.13 NMAC, 10/30/08; 8.10.6.20 NMAC - Rn & A, 8.10.6.19 NMAC,
02/29/12]
8.10.6.21 CASE DOCUMENTATION: Case plans, case contracts, and supervisory
consultations are documented in FACTS.
[8.10.6.21 NMAC -
Rn, 8.10.6.20 NMAC, 02/29/12]
HISTORY OF 8.10.6 NMAC:
Pre-NMAC History:
[RESERVED]
History of Repealed Material:
8 NMAC 10.6, Family
Preservation Services, filed 6/16/97 - Repealed 11/15/05.
8.10.6 NMAC, In-Home
Services, filed 11/1/2005 - Repealed 10/30/08.
