| 8.1 INTRODUCTION
The Children, Youth and Families Department (CYFD) is the executive agency responsible for administering the child protective services program in New Mexico. CYFD receives a combination of state and federal funds. The federal funds require the submission of a state plan that must conform to the statutory and regulatory scheme. The majority of federal funds are allocated to CYFD under Title IV of the Social Security Act. The U.S. Department of Health and Human Services, through its regional hub office in Dallas, Texas, administers, monitors and audits New Mexico’s use of the funds. The regional office is responsible for approving the CYFD state plan and for conducting compliance reviews in relation to national outcome standards.
CYFD has three program divisions: Protective Services, Juvenile Justice Services and Family Services (formerly Prevention and Intervention). Protective Services is directly responsible for fulfilling the responsibilities delegated to CYFD under Article 4 of the Children’s Code, the Abuse and Neglect Act.
CYFD has authority to promulgate administrative rules. The rules that relate to protective services are located in Title 8 of the New Mexico Administrative Code. In addition, Protective Services has developed procedures that provide guidance to case and social workers and children’s court attorneys on issues that arise in their daily practice.
8.2 RESPONSIBILITIES
CYFD’s responsibilities under the abuse and neglect article of the Children’s Code include:
- Accepting and investigating reports of child abuse and neglect. §§32A-4-3, 32A-4-4.
- Making reasonable efforts to prevent the need to remove the child from the home. §32A-4-7.
- Making reasonable efforts to preserve and reunify the family. §§32A-4-22, 32A-4-25, 32A-4-28.
- Serving as the legal custodian for children. §§32A-4-7, 32A-4-18, 32A-4-22, 32A-4-25.
- Providing protective supervision when the court returns a child to the parent’s legal custody, under certain circumstances. §§32A-1-4, 32A-4-25.1.
- Developing and facilitating treatment plans for parents and children. §§32A-4-21, 32A-4-22, 32A-4-25.
- Developing plans to teach independent living skills to children 16 and older. §32A-4-21(B)(11).
- Establishing permanency plans for children. §§32A-4-22(J), 32A-4-25.1.
- Making reasonable efforts to implement the child’s permanency plan. §§32A-4-22 and 32A-4-25.1.
CYFD’s permanency planning workers are primarily responsible for implementing service plans for families involved in the child protective services system. In larger geographic areas, staff for Protective Services work in specialized areas such as intake, investigation, treatment, placement or family preservation.
CYFD’s legal responsibilities include filing abuse or neglect petitions, filing motions to terminate parental rights, filing motions for permanent guardianship and prosecution of cases. These duties are handled by children’s court attorneys. See Handbook Chapter 4.
8.2.1 RECEIVING AND INVESTIGATING REPORTS OF ABUSE OR NEGLECT
All reports of child abuse and neglect are received by Statewide Central Intake (SCI), which is staffed by intake case workers 24 hours a day, 7 days a week. The telephone number for SCI is 1-800-797-3260. The intake case workers assess the reports and collect ancillary information. An intake supervisor reviews the information and determines the time frame for response, which can range from immediate to a period of days.
The reports that trigger investigations are transferred to the local Protective Services office for this purpose. Investigative case workers conduct interviews, review records, and collect information to determine whether the reported abuse or neglect allegations can be substantiated and to assess the child’s safety, using an actuarially-based risk and safety assessment tool. If a decision is made to file an abuse or neglect petition and seek emergency custody, the investigative case worker is generally the person who prepares the affidavit in support of an ex parte custody order.
8.2.2 EFFORTS TO PREVENT REMOVAL
The efforts made to prevent a child’s removal from the home depend on the case worker’s assessment of the child’s safety. Reasonable efforts must be made in every case, unless there are aggravating circumstances. §32A-4-22(C) and NMAC 8.10.7.18. (See §32A-4-2(C) and the Handbook Glossary for the definition of aggravating circumstances.) The investigating case worker may be able to facilitate the parent’s placement of the child with a relative, refer the parent to a day care provider, or work with the parent in other ways to prevent the child being removed from the home.
In cases where the child can be safely maintained at home with more intensive services, CYFD offers family preservation services. These services are provided by family preservation clinicians, who are trained in intensive crisis intervention services. These social worker clinicians work with the family in their home by providing counseling, parenting training, and practical assistance with the family’s needs. Family preservation services are short-term services, not exceeding six weeks.
8.2.3 LEGAL CUSTODIAN
CYFD can become the legal custodian of a child by court order or by operation of statute. §§32A-4-6, 32A-4-16 and 32A-4-18. The scope of legal custody is defined at §32A-1-4(N). Accordingly, when law enforcement place children in CYFD’s care in emergency situations, CYFD has obtained legal custody by operation of statute, §32A-4-6(A). If CYFD wants to retain custody, it must file a petition in district court within two days of the date that the child came into its custody. §32A-4-7(D).
The status of legal custodian carries with it statutory duties and responsibilities, including the right to place the child with a substitute care provider, or foster parent. §32A-1-4(N) and (G). This right is limited by the court’s ability to review a placement decision for abuse of discretion. §32A-4-25(H)(6).
CYFD places children in its custody in licensed foster homes, approved adoptive homes, certified treatment facilities, or shelters. §32A-4-8. Children are often placed with relatives, who become licensed foster homes. Protective Services is responsible for licensing foster homes and approving adoptive homes. NMAC 8.26 and 8.27. Placement social workers carry out these responsibilities by recruiting families, providing training, conducting home studies, and working with foster and adoptive families. Placement social workers also provide post-placement adoptive services. CYFD contracts with agencies for mid-level family preservation. This is a less intensive service available on a longer term basis.
8.2.4 WORKING WITH PARENTS AND THE CHILD
Child protective services cases are transferred to the permanency planning worker at the initial assessment planning conference, which occurs within 10 days of filing the abuse or neglect petition in children’s court. The permanency planning worker’s primary responsibilities are to:
-
Manage the treatment services needed to correct the causes and conditions of the abuse or neglect.
- Work directly with the child and family.
- Facilitate the permanency plan goal identified for the child.
Treatment plans focus on the causes and conditions of the abuse or neglect that resulted in the removal of the child and do not necessarily address all of the family’s issues. Even though parental compliance with the treatment plan is critical, it is not determinative of whether the child can be returned to the parent. State of NM ex rel. CYFD v Athena H., 2006-NMCA-113, 140 N.M. 390, 142 P. 3d 978. Circumstances may change in such a way that allows the child to be safely returned home, even though the parent has not fully complied with the plan. For example, the perpetrator of the abuse may leave the home.
Permanency planning workers make critical decisions that may forever affect the family, but these decisions are not made alone. Most decisions are made at internal “staffings,” many of which are attended by the guardian ad litem and the CASA. The permanency planning worker supervisor and county office manager are also involved in important decisions. The county office manager is the supervisor of all of the protective services staff in the county office. The county office manager is responsible for the case decisions made in the county office and often attends important meetings, such as change of plan meetings.
8.2.5 PERMANENCY PLANNING
Permanency planning is the process of identifying a permanency goal for a child and then developing and implementing plans to accomplish that goal. CYFD establishes a permanency planning goal at the time the child is placed in its custody and it works to implement that goal unless and until the court has an opportunity to determine the goal for the child at a permanency hearing. §32A-4-25.1.
CYFD often engages in concurrent planning, which allows it to make reasonable efforts to reunify a family while simultaneously planning for other permanency options should reunification become impossible. CYFD must engage in concurrent planning when a motion for termination of parental rights is filed, if it had not begun doing so earlier. §32A-4-29(F).
8.2.6 PROTECTIVE SUPERVISION
After hearing evidence in the permanency review hearing, the court may, among other things, place the child in CYFD’s protective supervision for up to six months and return the child to the parents’ legal custody. §32A-4-25.1(D). Protective supervision allows CYFD to visit the child in the home, inspect the home, transport the child to court-ordered diagnostic examinations and evaluations, and obtain information and records concerning the child.
During the period of protective supervision, CYFD may file a motion to remove a child from the home or may seek emergency removal by a police officer under §32A-4-6 if necessary to protect the child's best interests. When a child is removed in this situation, a permanency hearing must be scheduled within thirty days of the child coming back into the department's legal custody. §32A-4-25.1(D)(3).
8.3 TERMINATION OF CYFD'S RESPONSIBILITIES
CYFD’s custody ends when the case is dismissed, the child is adopted, the court enters an order appointing a permanent guardian, the child reaches the age of majority, or in the event of the child’s death. §32A-4-24. In some cases, CYFD may continue to make payments on behalf of the child after custody has ended. §32A-4-24(F). CYFD provides support and training for children who emancipate from its custody at age 18. NMAC 8.10.9. A transitional living plan is designed to address the emancipating child’s strengths and needs in order to acquire the minimal skills to live alone. The child may continue to receive support until age 21 under certain circumstances.
In the case of an adoption, a special needs child may receive an adoption subsidy, which is negotiated between CYFD and the adoptive parents and re-negotiated annually. §§32A-5-44, 32A-5-45. Most of the funding for adoption subsidies is federal and therefore must meet federal requirements, including ASFA requirements. There are also state-funded subsidies available for children who do not meet the federal criteria. |
