Section 27-7A-2 – Definitions.
As used in the Employee Abuse Registry Act: A. “abuse” means: (1) knowingly, intentionally or negligently and without justifiable cause inflicting physical pain, injury or mental anguish; or (2) the intentional deprivation by a caretaker or other person of services necessary to maintain the mental and physical health of a person; B. “department” means the […]
Section 27-7A-3 – Employee abuse registry.
A. The department shall establish an “employee abuse registry” of employees and enter into the registry names of employees with substantiated abuse, neglect or exploitation charges as determined by the department pursuant to the Employee Abuse Registry Act. B. Before a provider hires or contracts with an employee, the provider shall inquire of the department’s […]
Section 27-7-20 – Repealed.
History: Laws 1989, ch. 389, § 7; 1990, ch. 79, § 3; 1997, ch. 132, § 6; 2007, ch. 91, § 14. ANNOTATIONS Repeals. — Laws 2007, ch. 91, § 14 repealed 27-7-20 NMSA 1978, as enacted by Laws 1989, ch. 389, § 7, relating to protective services agencies, effective July 2, 2007. For provisions […]
Section 27-7-21 – Nature of protective services; costs.
A. Protective services are short-term services furnished by the department or under arrangement through the department to an incapacitated or protected adult who has been abused, neglected or exploited and with the adult’s consent or appropriate legal authority. B. The protective services furnished in a protective services system may include social, psychiatric, health, legal and […]
Section 27-7-22 – Repealed.
History: Laws 1989, ch. 389, § 9; 1990, ch. 79, § 5; 2007, ch. 91, § 14. ANNOTATIONS Repeals. — Laws 2007, ch. 91, § 14 repealed 27-7-22 NMSA 1978, as enacted by Laws 1989, ch. 389, § 9, relating to protective placement evaluations, effective July 2, 2007. For provisions of former section, see the […]
Section 27-7-23 – Voluntary protective services; protective placement; penalty.
A. Any adult who has been abused, neglected or exploited and is in need of protective services or protective placement as determined by the department and who consents to those services or placement shall receive them. If the adult withdraws or refuses consent, voluntary protective services or protective placement shall not be provided. No legal […]
Section 27-7-24 – Involuntary protective services and protective placement; penalty.
A. If an adult lacks the ability to consent to receive protective services or protective placement, those services or placement may be ordered by a court on an involuntary basis through an emergency order pursuant to the Adult Protective Services Act or through appointment of a guardian or conservator. B. In ordering involuntary protective services […]
Section 27-7-25 – Ex-parte orders for emergency protective services or emergency protective placement; notice; petition.
A. Upon petition by the department, the court may issue an order authorizing the provision of involuntary protective services or protective placement on an emergency basis to an adult under the criteria set forth in Subsection B of this section. B. At the time a petition is filed or any time thereafter, the court may […]
Section 27-7-25.1 – Emergency protective placement by a law enforcement officer without a court order.
A. When, from personal observation of a law enforcement officer, it appears probable that an incapacitated adult will suffer immediate and irreparable physical injury or death if not immediately placed in a facility, that the adult is unable to give consent and that it is not possible due to the emergency nature of the circumstances […]
Section 27-7-26 – Nonemergency protective services or protective placement; findings; petition; order.
A. Involuntary nonemergency protective services or protective placement shall not take place unless ordered by a court after a finding on the record based on clear and convincing evidence that: (1) the adult is incapacitated and lacks the ability to consent; (2) the adult is incapable of providing for the adult’s own care or custody […]