1. A. “Action plan” means a written document in response to a sanction submitted by the facility to the

   department for approval which states those actions that the program implements, with specific time frames and responsible parties for each, to correct the deficiencies found by the department in the previous on-site visit or review of documents.

2. B. “Adjudicate” means to make a finding of whether a child committed a delinquent act.
3. C. “Administrator” means the person in charge of the daily operation of the facility. The administrator may be the person named on the certification or an authorized representative of the applicant and/or designee.
4. D. “Annual certification” is an authorization to a facility to operate for a one year period of time. The effective date is noted on the face of the document. The annual certification is issued on an initial and renewal basis following investigation of an initial application for certification and/or the inspection of the facility by the department, unless a complaint is received during the certification period that warrants the issuance of a sanction.
5. E. “Appearances” means the act of the hearing officer in recording, for the record, the names of person(s) appearing at the hearing and their representatives, if any.
6. F. “Appellant” means the party seeking review of a final decision of the department.
7. G. “Applicant” means the county, municipality or other facility operator, in whose name a certification for a facility has been issued and who is legally responsible for compliance with applicable laws, standards or regulations.
8. H. “Application” means the forms, attachments and other writings and drawings required to be completed as part of the process of granting or denying an annual certification or provisional certification.
9. I. “Authority” means the New Mexico Children’s Code, Section 32A-2-5; 32A-2-9; 32A-2-11 as amended.
10. J. “Burden of proof” the burden of persuasion is on the party to convince the hearing officer of all elements of the case by a preponderance of the evidence.
11. K. “Capacity” means the number of beds available to the facility as established through certification standards without a waiver provision.
12. L. “Certification” means the document issued by the department which authorizes the operation of a facility pursuant to certification standards. The term “certification” may include an annual certification and provisional certification.
13. M. “Collated facility” means a facility located within or as part of or on the same immediate grounds of an existing county or municipal jail, or courthouse, which contains a jail, provided that all federal and state requirements for a collocated facility are met. No facility that is not an existing collocated facility, as of December 31, 1993, shall be certified as a collocated facility after that date.
14. N. “Deficiency” means a violation of, or failure to, comply with a provision(s) of these regulations.
15. O. “Denial of an application and denial of annual certification” means action by the department refusing to grant an annual certification or provisional certification.
16. P. “Department” means the New Mexico children, youth and families department.
17. Q. “Detention screening tool” means the instrument used to guide the detention decision.
18. R. “Direct care staff” means an employee of the facility who provides supervision, security, custody and control of facility residents; this excludes contractual personnel and volunteers.
19. S. “Directed action plan” means an action plan related to a sanction that the department writes and specifies that the facility must enforce within the specific time frame.
20. T. “Direct supervision” means direct care staff who provide direct supervision, observation, interaction and programming by being physically present with juveniles at all times.
21. U. “Director” means the director of the juvenile justice division of the New Mexico children, youth and families department.
22. V. “Emergency suspension of certification” means the department’s prohibition of operation of a facility for a stated period of time by temporary withdrawal of the certification, prior to a hearing on the matter, when immediate action is required to protect human health and safety.
23. W. “Facility” means all juvenile detention facilities required to be certified by the department by authority of the New Mexico Children’s Code, Section 32A-2-4, NMSA 1978, as amended.
24. X. “Final decision” means the written document following a hearing, stating the final determination of the secretary.
25. Y. “Five-day hearing” means the hearing noted in the emergency suspension order and notice of hearing. See the definition of “emergency suspension of certification” above.

26. Z. “Health and safety deficiencies” means non-compliance with any standard which relates to conditions or circumstances leading to death, physical harm, or psychological harm to recipient(s) of services or any pervasive conditions that pose a threat to the physical safety of occupants, or any pervasive neglect of residents or abuse of residents or the pervasive detainment of status offenders.

    AA. “Hearing officer” means a person the secretary designates to conduct pre-hearing conferences, hearings, and issue reports and recommendations, based on the information produced at the hearing.

    BB. “Imminent danger” means a danger which could reasonably be expected to cause death or serious harm to detained juveniles or staff and which requires immediate correction.

    CC. “Inspection” means an entry into, and examination of the facility’s premises, records, including staff interviews, interviews with juveniles, and any relevant information needed to show compliance with these standards.

    DD. “Juvenile” means any person who is less than eighteen (18) years old.

    EE. “Certifying authority” means the children, youth and families department.

    FF. “Long term” means a separate or collocated facility certified to detain juveniles for longer than a (72) hour period.

    GG. “Maintenance” means the care of building(s), by keeping them in a repaired and safe condition and the grounds in a safe, sanitary and presentable condition.

    HH. “Management” means the juvenile detention center manager, supervisor, superintendent or administrator.

    II. “Official notice” means information concerning the status of a facility’s certification.

    JJ. “Partial compliance” means that a facility is found to meet the conditions of participation, with moderate to few non-health and safety deficiencies and is able to receive a temporary certification so long as the implementation of a corrective action plan is achieved.

    KK. “Prospective applicant” means the county, municipality or other facility operator, in whose name a certification for operation of a facility is submitted. The prospective applicant may be represented by the administrator or supervisor of the facility.

    LL. “Provisional certification” means a temporary certification, not to exceed two (2) consecutive one hundred twenty (120) day provisional certifications, to operate a facility.

    MM. “Recipient” means the person or entity who receives service of notice.

    NN. “Revocation of certification” means the department’s prohibition of operation of a facility by withdrawal of a certification.

    OO. “Sanctions” means a measure imposed by the department for a violation(s) of certification standards.

    PP. “Standard of compliance” means the degree of compliance required by these regulations is designated by the use of the words shall and must and may. Shall and must designate mandatory requirements that may not be waived. May is permissive and designates other requirements that may be determined to be non-applicable by the department.

    QQ. “Secretary” means the secretary of the New Mexico children, youth and families department.

    RR. “Serious incident” means environmental hazards, arrest or detention or situations that require emergency services. Environmental hazards include unsafe conditions which create immediate threat to life or safety, including but not limited to fire and contagious disease requiring quarantine. Emergency services include unanticipated admission to a hospital, other psychiatric facility, or the provision of emergency services including, but not limited to, treatment for broken bones, cuts requiring sutures, poisoning, contagious diseases requiring quarantine, burns requiring specialized medical treatment, medication under-dose or overdose requiring treatment, or incidents between residents or residents and staff resulting in physical or psychological harm or which could result in psychological harm, or a confrontation between staff(s) or resident(s) that results in any restraint, use of force or behavior-management technique, or other conditions requiring specialized treatment at an urgent care center, emergency room or by EMS.

    SS. “Severability” means if any part or application of these regulations is held invalid, the remainder or its application to other situations or persons shall not be effected.

    TT. “Six (6) hour certification” means a certified facility that may only detain juveniles for no more than a six (6) hour period for the purpose of arranging transportation and/or release.

    UU. “Forty-eight (48) hour certification” means a certified facility that may only detain juveniles for no more than forty-eight (48) hour period for the purpose of arranging transportation and/or release.

    VV. “Status offender” means a runaway, a truant, and/or a juvenile who has committed a status offense that is not classified a delinquent act (exception: out-of-state runaway juveniles as mandated by state and/or federal law).

    WW. “Substantial compliance” means that a facility is found to meet the conditions of participation, without deficiencies, or with minor to few non-health and safety deficiencies, and is able to receive full certification.

    XX. “Suspension of certification” means the department’s prohibition of operation of a facility for a stated period of time through withdrawal of the certification, after notice and an opportunity for a hearing.

    YY. “Supervision” means the direct observation and guidance by adult staff at all times by being physically present with the juveniles and/or through video monitoring with direct observation.

    ZZ. “Usage” means the masculine pronoun includes the feminine and neuter, and, the singular number includes the plural and the plural includes the singular.

    AAA. “Waiver” means a temporary or provisional certification to operate a facility which is in non-conformance with the standards for a period of time set by the secretary. A waiver from the department may be granted to a facility for up to two (2) years only. Any request for a waiver for re-certification of a waiver, denied by the department is not subject to the hearing process and procedures.

    BBB. “Working days” means when determining compliance with various deadlines in these regulations, Monday through Friday, of each calendar week, excluding state observed holidays.

[8.14.15.7 NMAC - N, 7/31/01]