Frequently Asked Questions
- What is the Caregivers Criminal History Screening Program?
- What services and benefits does the Caregivers Criminal History Screening Program offer?
- How does the Caregivers Criminal History Screening differ from private background investigations?
- Why are Caregiver Criminal History Screenings required?
- Who is required by law to have a criminal history screening conducted?
- What is routine physical or financial access?
- If the applicant provides services through a contract service or provider agency, is it acceptable to require (or assume) that the contract agency complete(d) a criminal history screening?
- How does an employer determine eligibility for employment?
- Who are the care providers required to comply with the Caregivers Criminal History History Screening Act?
- When are care providers required to fully comply with the Caregivers Criminal History Screening Act?
- What is the process for submitting an application for criminal history screening?
- Can an application be rejected?
- If an application is rejected, will it result in a second fee?
- What is a Preliminary Clearance Letter?
- What actions occur if a care provider fails to comply with the requirements of this act?
- How long must the care provider maintain the record of a criminal history screening?
- What form is required to assure that the caregiver has complied with the CCHSP requirements?
- Does the CCHSP conduct criminal history screening for everyone required to have a criminal history screening?
- Can a care provider receive a refund if an applicant is terminated, resigns or is reassigned prior to receiving a clearance?
- How long does it take to receive a clearance or disqualification from the CCHSP?
- Can the CCHSP share the criminal history screening results with a state or federal agency?
- Who is authorized to perform the actual fingerprinting process?
- Why are an applicant’s/caregiver’s various names(s) and nicknames important?
- How does a care provider process an applicant who has a clearance through another care provider?
- What is a Second [2nd] Notice Clearance?
- What is required for confidentiality of the background inquiry results?
- If the applicant is licensed by the state, should it be assumed that there is no disqualifying conviction history?
- What is the difference between a criminal history and a conviction history?
- Does the result of the criminal history screening include information from other states?
- What if the disqualifying conviction is from another state?
- Does anything waive the fact that an applicant has a criminal conviction?
- Can a care provider waive, forgive, or decline to consider the disqualifying conviction of an applicant?
- Is it possible for the applicant to go to court to get his/her record cleared, sealed, expunged, discharged, or vacated?
- Does a crime have to be committed against a person or vulnerable adult to be a disqualifying crime?
- Is there a time limit for a person’s convictions to remain on their criminal history?
- What is a conviction?
- Is an arrest the same as a conviction?
- What if the conviction record is incorrect?
- What is a felony?
- What is a misdemeanor?
- What is a disposition?
- What is a disposition request letter?
- What are pending charges?
- When is a letter of disqualification sent to an applicant/caregiver?
- What is a deferred sentence?
- Is a disqualifying conviction for which a sentence is deferred still a disqualifying conviction for the purposes of the CCHSP?
- Is a deferred prosecution a conviction?
- What is a dismissal?
- What is probation?
- What is a suspended sentence?
- What is Nolo Contendere?
- What does it mean when a charge is “dismissed without prejudice” or “dismissed with prejudice”?
- What are the steps in the Administrative Reconsideration Procedure?
- What is a final Determination of Disqualification?
- What is a Final Determination of Employment Clearance?
- May a caregiver who has received a Final Determination of Disqualification continue to be employed by a care provider as a caregiver?
- Do I need to report allegations of abuse, neglect or exploitation to any other agency?
- If I disagree with a finding resulting from an investigation or I have additional information, what do I do?
- If I want a copy of the full investigative report, what do I do?
- How long does the investigative process take and when should I hear something?
- What do I do if I reported an incident to my supervisor, but they did not report to the State?
- Will I receive notification that you received my report of innapprpopriate actions at licensed facilities?
- What is the definition of abuse?
- What is neglect?
- What is misappropriation (ie Exploitation)?
- What type of events are reportable?
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What is the Caregivers Criminal History Screening Program?
The Caregivers Criminal History Screening Program [CCHSP] was established in response to the Criminal History Screening for Caregivers Act [29-17-1 through 29-17-5 NMSA 1978 amended]. The CCHSP receives and processes applications for criminal history screenings from care providers in the State of New Mexico.
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What services and benefits does the Caregivers Criminal History Screening Program offer?
The Caregivers Criminal History Screening Program maintains a database of criminal record information and a registry of all caregivers screened through the Department of Health. It also offers an administrative reconsideration process that allows caregivers to request a reconsideration of the results of a disqualifying conviction, thus allowing an avenue for care providers to retain valuable and/or long-term employees. Other program benefits include:
- Discourages potential applicants with criminal felony convictions from applying for employment in a health care environment.
- Locates individuals with outstanding warrants and/or parole violations.l Encourages care providers to be more cautious in the applicant screening process prior to offering employment.
- Discovers individuals who may have falsified their application and are currently employed in the health care environment and have disqualifying convictions.The search mechanism employed is designed to identify any individuals who have sought to disguise their identity and who have a criminal record.
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How does the Caregivers Criminal History Screening differ from private background investigations?
Private background investigations usually research public information such as driving records and/or local criminal history if a release has been obtained. By contrast, the CCHSP receives arrest and conviction information reported not only in New Mexico but all arrests and convictions reported nationwide to the FBI. The FBI will release information only to State Agencies authorized by legislation to receive such information.
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Why are Caregiver Criminal History Screenings required?
Caregiver criminal history screenings are mandated by the New Mexico’s Caregivers Criminal History Screening Act (29-17-2 through 29-17-5 NMSA 1978) for caregivers employed or contracted by a care provider to provides services to care recipients. The Act was passed by the 1998 Legislature, implemented on September 1, 1998, and amended by the 1999 Legislature.
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Who is required by law to have a criminal history screening conducted?
Any person who applies and is offered employment or contractual service with a care provider to provide services as a caregiver, whether as an employee, contractor or contract employee. Any person whose employment with, or whose direct or derivative contractual duties and responsibilities to, a care provider customarily or routinely include the provision of direct care or the routine and unsupervised physical or financial access to any are recipient served by that care provider. [See page 21] Any person who customarily provides medical, physical, mental, nursing, personal or financial care or assistance to a care recipient served by that care provider. Any person who administers or operates a facility where that administrator or operator is routinely on site. Although specific caregiver classifications are not defined, such as “laundry workers, clerks, etc.,” and are neither specifically included or exempted from compliance with the law, care providers must submit a request for screening for these types of individuals if they meet the definition of a caregiver. One who provides direct care services, or has routine and unsupervised physical or financial access to any care recipient served by that care provider.
There are three major considerations to making a decision whether an employee should be screened.
- The “Setting” · Are others present during the contact with the care recipient (the opportunity for abuse is increased if no one else is present)? If yes, · Who are those other people (the opportunity for abuse may still be exceptionally high if certain vulnerable adults are the other people present) · Will the worker be closely monitored and supervised? · What is the exact nature of the worker’s involvement with the organization and with the care recipient? · What is the physical location of the contact with the care recipient? An activity room, cafeteria, personal room?
- “Contact” · How much time is spent with the care recipient per occasion? 15 minutes – 2 hours – 8 hours? · The frequency of the contact with the care recipient, and the length of the relationship (one-time only, once a week for a year, or daily)? · What is the type of contact? Does the worker have direct contact with a care recipient or does the worker have administrative or other duties that support the activities of the organization?
- Other “Special” considerations · Here is where you examine the vulnerability of the care recipient. If a care recipient has difficulty communicating because of age or mental or developmental disability, they may be exceptionally vulnerable to abuse Having a clear understanding of the specific potential for harm associated with particular positions will help you focus on who should be screened.
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What is routine physical or financial access?
Routine physical or financial access is defined in the regulations. [Subsection N. of 7.1.9.7. NMAC] to be: care provision or financial access by an applicant which is non-episodic and regularly scheduled or assigned.
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If the applicant provides services through a contract service or provider agency, is it acceptable to require (or assume) that the contract agency complete(d) a criminal history screening?
Yes, The Care Provider is responsible to ensure and retain a record that a criminal history screening was conducted on any individual who provides care to a care recipient. An employer must determine that the applicant meets the minimum qualifications of the position, any applicable state licensing requirements, AND that a clearance from the CCHSP has been obtained
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How does an employer determine eligibility for employment?
An employer must determine that the applicant meets the minimum qualifications of the position, any applicable state licensing requirements, AND that a clearance from the CCHSP has been obtained.
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Who are the care providers required to comply with the Caregivers Criminal History History Screening Act?
- Care provider or provider includes:
- State owned or operated health care facilities,
- Intermediate care facilities for the mentally retarded,
- Long-term care hospitals,
- Psychiatric hospitals,
- Rehabilitation hospitals,
- Hospice services,
- Guardianship providers,
- Adult residential care facilities,
- Adult community residential facilities,
- Adult limited diagnostic treatment centers,
- Case management entities providing services to persons with developmental disabilities,
- Adult boarding homes,
- Adult day care centers,
- Adult family care homes,
- Adult halfway homes,
- Care providers operating respite,
- companion or personal care programs funded by the State Agency on Aging,
- Care providers funded through the New Mexico Children Youth and Families Department providing homemaker and adult care services,
- Disabled and Elderly residential care providers providing services paid for in whole or in part by state funds,
- home health agencies,
- all residential, habilitation service or respite service care providers authorized to be reimbursed in whole or in part by state funds or under any Medicaid or Medicaid Waiver program,
- Nursing home facilities,
- any other care provider entity which is licensed or Medicaid certified and which is not specifically identified herein.
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When are care providers required to fully comply with the Caregivers Criminal History Screening Act?
A Care Provider must submit an application for criminal history screening to the CCHSP for an applicant who is offered employment as a caregiver with that care provider no later than 30 calendar days after the first day of employment. [Subsection F of 7.1.9.8. NMAC]
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What is the process for submitting an application for criminal history screening?
A CCHS packet consists of:
- A form of personal identification which has a photograph of the person and which meets the requirements for employment eligibility in accordance with the Immigration and Nationality Act as amended.
- Drivers License (photocopy of current drivers license) or;
- Passport (photocopy of current passport)
- A signed (in black ink) consent for a nationwide criminal history screening.
- The established fee of $65.00 for each application submitted for screening must accompany the packet.
- Note: [A care provider may submit one business/corporate check, money order, or bank cashiers check for multiple applications.]
- THREE (3) complete sets of readable fingerprint cards acceptable to DPS and the FBI.
Paper clip the application documents in the upper right hand corner and MAIL to:
Caregivers Criminal History Screening Program
P.O. Box 26110
Santa Fe, NM 87502
(505) 471-0801
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Can an application be rejected?
Yes! All applications are reviewed for completeness and accuracy of the demographic information and quality of fingerprints. If discrepancies are found, the application will be rejected and returned to the care provider for correction(s).
The FBI will also reject fingerprints that they feel are illegible or unreadable. The fingerprint cards will be returned to the provider with a request for a new set of prints to be taken unless a third card is included in the original application.
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If an application is rejected, will it result in a second fee?
If an application is initially rejected upon receipt or after a first FBI reject no additional fee is required. If an application is rejected by the FBI a second time, a second fee may be required.
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What is a Preliminary Clearance Letter?
Failure to comply with the requirements of this Act are grounds for the State Agency having enforcement authority with respect to the care provider to impose appropriate sanctions and penalties including the suspension or revocation of the provider’s license, and the imposition of fines. [Subsection A. of 7.1.9.8. NMAC]
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What actions occur if a care provider fails to comply with the requirements of this act?
Documentation of an employee’s criminal history screening application, clearance and/or reconsideration must be maintained as a permanent part of the personnel file for all employees of a care provider for those employees who meet the requirements for screening by the Act; or, Certification stating that an employee is NOT required to undergo a criminal history screening must be maintained as a permanent part of the personnel files for any employees of a care provider who do not meet the requirements for screening by the Act. Failure to have this documentation on file for survey and monitoring compliance may result in the care provider being cited with a deficiency and having sanctions applied. It may also expose the care provider to possible liabilities should the employee cause harm to a care recipient.
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How long must the care provider maintain the record of a criminal history screening?
Documentation of an employee’s criminal history screening application, clearance and/or reconsideration must be maintained as a permanent part of the personnel file for all employees of a care provider for those employees who meet the requirements for screening by the Act; or, Certification stating that an employee is NOT required to undergo a criminal history screening must be maintained as a permanent part of the personnel files for any employees of a care provider who do not meet the requirements for screening by the Act. Failure to have this documentation on file for survey and monitoring compliance may result in the care provider being cited with a deficiency and having sanctions applied. It may also expose the care provider to possible liabilities should the employee cause harm to a care recipient
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What form is required to assure that the caregiver has complied with the CCHSP requirements?
A care provider must have documentation on file showing the results of the CCHS clearance, clearance following an Administrative Reconsideration or documentation showing that the employee does not have routine and unsupervised physical or financial access to care recipients. All employees and contract employees as well as those employees who do not have routine and unsupervised physical or financial access to care recipients must have this documentation as a part of their permanent personnel record. Failure to have this documentation on file for survey and monitoring compliance may result in the care provider being cited with a deficiency and having sanctions applied.
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Does the CCHSP conduct criminal history screening for everyone required to have a criminal history screening?
No, State Law grants specific authority to the Department of Health to conduct nationwide criminal history screenings for caregivers providing services primarily to adult care recipients.
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Can a care provider receive a refund if an applicant is terminated, resigns or is reassigned prior to receiving a clearance?
No! The tracking and screening process starts when the application is received in our office. The CCHSP will continue with the process through a final determination. A care provider may notify CCHSP of any separation from employment for tracking and reporting purposes. This will assist other care providers if a caregiver separates from employment from one agency and applies to another agency, particularly if they have a criminal background.
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How long does it take to receive a clearance or disqualification from the CCHSP?
The CCHSP will electronically submit information to Technet for a New Mexico records search, and to the FBI for a fingerprint based records search.
- If an applicant has no criminal record in New Mexico, a notice of “no record found” is generally received by the CCHSP within 24 hours of submission.
- If an applicant has no criminal record with the FBI, a notice of “no record found” is generally received within 24 hours of submission.
- If an applicant is identified by Technet as having a potential criminal record, the fingerprint card is submitted to the New Mexico Department of Public Safety’s Records Bureau for research and fingerprint comparison. This process usually takes four to six weeks before the CCHSP receives a reply.
- If the applicant is identified by the FBI as having a record, the CCHSP will generally receive the criminal record within 24 hours of submission.
- If the FBI rejects the fingerprint, the CCHSP will request that the care provider to reprint and resubmit a new set within 14 days.
- If an applicant’s criminal record shows an arrest without a disposition for a disqualifying conviction, the CCHSP will contact the applicant directly to obtain a disposition.
An applicant is given fourteen days to respond with a disposition. Failure to do so will result in a notice of disqualification.
Note: It is the responsibility of the Applicant/Caregiver to obtain a disposition. Therefore, a clearance may be received by a care provider in a few as five days, and as much as 50 days. A care provider in as few as 45 days may receive a disqualification. However, factors involving the US Mail, electronic communication failures, rejected fingerprints and backlog at the repository agencies may extend the waiting period. The CCHSP maintains a tracking system to identify those applicants whose background checks are overdue and will conduct a follow-up to the appropriate agencies on a regular basis.
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Can the CCHSP share the criminal history screening results with a state or federal agency?
No! Except on court order or with the written consent of the applicant or caregiver, a criminal record obtained pursuant to this Act and the information contained therein shall not be released or otherwise disclosed to any other person or agency. Any person who discloses confidential records or information in violation of this Act is guilty of a misdemeanor and shall be sentenced pursuant to the provisions of Subsection A of Section 31-19-1 NMSA 1978. The clearance of a disqualifying conviction can be disclosed!
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Who is authorized to perform the actual fingerprinting process?
Any person who has fingerprinting experience. These individuals may include those who have been trained by the Department of Public Safety, other law enforcement agencies who perform actual fingerprinting processes and private contractors who provide this service. The Department of Public Safety provides training to groups of 50 or more participants. The CCHSP will continue to coordinate training sessions with DPS four times per year. We recommend that large care providers purchase the equipment and train their human resource staff to perform the fingerprint process within the scope of the employment process to minimize any additional costs. The New Mexico Department of Public Safety, Law Enforcement Records Bureau (1-505-827-9181) can provide you with resources and assistance. You may also check the “Yellow Pages” under the listing of “Fingerprinting”.
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Why are an applicant’s/caregiver’s various names(s) and nicknames important?
The first DPS computer scan is by name and birth date and SSN ONLY. If no criminal record is found under the exact name, birth date and SSN submitted by an applicant, a clear result is issued. A social security number is not a positive identifier, since it can be forged and many people have more than one number.
EXAMPLE: If the applicant’s name is Patricia Marie Smith, she may have an arrest record under a variety of names. Especially is she has a maiden name of Jones and a previous married name of Brown and has a nickname of Tricia. For example, she could have an arrest record as Patricia Smith, Pat Smith, Patty Smith, Marie Smith, Mary Smith, Patricia M. Smith, Tricia Smith or Tracie Smith. These same examples can be applied to her maiden name and former married name giving a total of 24 possible names. If the DPS and FBI does not have each of these names and any unrelated nicknames to query the DPS and FBI computerized records system, the correct arrest record may not be identified by the computer as the same Patricia Marie Smith who is the applicant. DPS or FBI may then report a clear record, when, in fact, there is a conviction in this applicant’s history under another name(s) not identified by the DPS/FBI in the computer information.
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How does a care provider process an applicant who has a clearance through another care provider?
If an applicant claims that they have a criminal history screening clearance through another care provider, the care provider processing the new applicant must complete the following steps:
- Ask the applicant for a copy of their letter of employment clearance.
- Verify that it is from the Caregiver’s Criminal History Screening Program.
- Verify that the clearance was provided within the previous twelve calendar months.
- Call the CCHSP (505-827-1417) and verify the clearance. CCHSP will send a copy of the clearance letter addressed to the requesting agency. [A Second Notice Clearance Letter]
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What is a Second [2nd] Notice Clearance?
A second notice clearance letter is a letter of clearance produced for a care provider under the following circumstance:
The care provider has not received or has misplaced a letter of clearance.
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What is required for confidentiality of the background inquiry results?
Only CCHSP staff responsible for the screening, mailing, receipt of inquiry results and administrative reconsiderations shall have access to these records. Applicants/caregivers have the right to expect the results of an inquiry to be kept private and held in confidence. If the criminal history indicates that the applicant or caregiver has a disqualifying criminal conviction, the CCHSP will notify a care provider that the applicant/caregiver has a “disqualifying conviction” only. It is the choice of the applicant/caregiver to share the specific information with a care provider. In such cases, the CCHSP will notify the applicant/caregiver of the specific “disqualifying conviction(s)”. The applicant/caregiver does have the opportunity to respond to such information with disposition information or a request for an administrative reconsideration.
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If the applicant is licensed by the state, should it be assumed that there is no disqualifying conviction history?
NO! Professional licensing requirements are different and vary from state to state and board to board, and do not necessarily prohibit licensure for what the CCHS Act defines as a disqualifying conviction.
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What is the difference between a criminal history and a conviction history?
Criminal history is information reported to/by law enforcement agencies of a person’s arrests, indictments or other formal charges and includes dispositions arising from these charges. Conviction history is a disposition of guilty reported in a person’s criminal history. Note: The CCHS Act disqualifies caregiver employment based only on “Felony Convictions” specified in 7.1.9.11 NMAC.Arrests and misdemeanor convictions and certain felony convictions are not disqualifying offenses.
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Does the result of the criminal history screening include information from other states?
Yes! It does include information reported by both New Mexico and other jurisdictions in the United States. The CCHSP first checks the criminal history records of persons through the New Mexico Department of Public Safety.
1. This records check is for New Mexico ONLY. The applicant/caregiver’s fingerprints will be electronically submitted to the Federal Bureau of Investigation for a national criminal history screening. This criminal history screening includes criminal history information reported from other states.
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What if the disqualifying conviction is from another state?
It does not matter in which state the conviction originated. It will still be considered a conviction. Other states may be contacted for clarification if an arrest, charges and/or disposition are unclear. Note: It is the Responsibility of the Applicant/Caregiver to obtain a copy of a disposition.
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Does anything waive the fact that an applicant has a criminal conviction?
No! An applicant/caregiver may give an explanation of a conviction. Some of the examples below may be articulated as a rationale for a conviction, but NONE of them change the fact that the care provider must submit the applicant for criminal history screening.
- The applicant/caregiver was not at fault.
- The lawyer told him/her to plead guilty.
- It was welfare fraud.
- The conviction occurred many years ago.
- The applicant/caregiver has a great work record, no other convictions, and has changed his/her life.
- The applicant has worked for several care providers since the conviction and has not been dismissed before.
- The court convicted all those involved, regardless of fault.
- The applicant/caregiver did not know that his/her partner/family member was involved in the commission of a crime.
NOTE: The applicant/caregiver may request an administrative reconsideration for any conviction history. Grounds for Disqualification Reconsideration Employment Clearance
- Inaccuracy of record
- No risk of harm to care recipients
- No bearing on fitness for employment See Section 2. Regulations 7.1.9.10 Subsection F.
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Can a care provider waive, forgive, or decline to consider the disqualifying conviction of an applicant?
No! Never! The process for Administrative Reconsideration, provided in the Caregivers Criminal History Screening Act and described in the regulations, gives an applicant/caregiver the avenue for reconsideration for employment. A care provider may prepare for inclusion in the applicant’s reconsideration request, information relevant to the factors considered in the reconsideration, and even a recommendation for the individual when that individual submits a request for administrative reconsideration for a disqualifying conviction.
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Is it possible for the applicant to go to court to get his/her record cleared, sealed, expunged, discharged, or vacated?
Yes, it may be possible. The applicant should obtain legal counsel. Each process is governed by a specific law.
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Does a crime have to be committed against a person or vulnerable adult to be a disqualifying crime?
NO! For example, a felony conviction for trafficking controlled substances will disqualify an applicant from employment.
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Is there a time limit for a person’s convictions to remain on their criminal history?
on a person’s record until age 99 or until seven years after the death if the individual.
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What is a conviction?
A conviction is the result of a court finding or plea of guilty. A conviction under CCHSP simply refers to the finding of guilt and does not include impositions of sentence.
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Is an arrest the same as a conviction?
No. An arrest is defined as the Taking, under real or assumed authority, custody of another for the purpose of holding or detaining him to answer a criminal charge or civil demand.
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What if the conviction record is incorrect?
NMSA, 1978 § 29-10-8 provides for a person to review and to challenge and correct any incorrect data in a person’s record. Once the applicant has received a notice of correction of the incorrect record, he/she must request another background inquiry be conducted. When he/she has received a record that clears him/her of all disqualifying convictions he/she is eligible for hire.
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What is a felony?
A felony is a crime of a graver or more serious nature than those designated as a misdemeanor. Felonies are those crimes punishable by death or by imprisonment for more than 1 year and felonies are usually tried by a jury.
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What is a misdemeanor?
A misdemeanor is an offense lower than felonies and generally those punishable by fine, penalty, forfeiture or imprisonment otherwise than in a penitentiary. In New Mexico, a conviction of a misdemeanor will not result in a disqualification for the CCHSP.
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What is a disposition?
Disposition is the final settlement of a matter, and with reference to decisions announced by court. The judge’s ruling is commonly referred to as disposition, sentencing or other final settlement. Note: It is the Applicant/Caregiver’s responsibility to obtain a disposition.
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What is a disposition request letter?
A disposition request letter is a letter sent to an applicant by the CCHSP to request information regarding a disqualifying event.
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What are pending charges?
Pending charges are those that have been filed against an individual, and the court has not yet ruled on guilt or innocence.
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When is a letter of disqualification sent to an applicant/caregiver?
A letter of disqualification is mailed to an applicant or caregiver when that person’s criminal record contains a conviction for a disqualifying felony (as listed in Section 12 of the regulations), or if a letter requesting disposition has been sent to an applicant/caregiver and the applicant or caregiver has not responded to the request within the fourteen (14) day time frame.
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What is a deferred sentence?
Following a plea of guilty, or a finding of guilt, a deferred sentence is the postponement of the punishment, which would usually follow a verdict of guilt, the finding of guilt or the plea of guilty. The deferral of the sentence does not mean for the purposes of CCHSP, that there is no conviction.
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Is a disqualifying conviction for which a sentence is deferred still a disqualifying conviction for the purposes of the CCHSP?
Yes! A sentence is a result of a conviction and is still considered a disqualifying conviction.
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Is a deferred prosecution a conviction?
No! A deferred prosecution is NOT the same as a conviction. Deferred prosecution means the person was NOT convicted of the crime.
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What is a dismissal?
A dismissal is an order or judgment finally disposing of an action, suit, motion, etc. without a trial of the issues involved. Dismissal of a criminal charge is not a conviction under the CCHSP.
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What is probation?
Probation means the procedure under which an adult defendant found guilty of a crime upon verdict or plea, is released by the court without imprisonment under a suspended or deferred sentence and subject to conditions.
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What is a suspended sentence?
A suspended sentence in a criminal law means in effect that the defendant is not required at the time sentence is imposed to serve the sentence.
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What is a Nolle Prosequi?
Nolle Prosequi is a formal entry upon the record, by the prosecuting attorney in a criminal action, by which he declares that he “will not further prosecute” the case, and dismiss the charge with or without prejudice either as to some of the defendants or all together. A charge for which Nolle Prosequi is entered does not result in a conviction under the law.
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What is Nolo Contendere?
Nolo contendere is a plea in a criminal case to the effect “I will not contest it,’ such a plea carries much the same legal effect as pleading guilty. For the CCHSP, a nolo contendere is a conviction.
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What does it mean when a charge is “dismissed without prejudice” or “dismissed with prejudice”?
The term “without prejudice” means that the prosecution has the right to initiate a new criminal action on the same charges. The term “with prejudice” means the dismissal is final and that prosecution can never again be initiated on the same criminal charges.
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What are the steps in the Administrative Reconsideration Procedure?
Step 1 Refers to /covers 7.1.9.10. NMAC through Subsection C of 7.1.9.10. NMAC.
You must submit your request for administrative reconsideration in writing. To be effective, the request must:
a.) be submitted to Caregivers Criminal History Screening Program (CCHSP) office within thirty (30) days, as determined by the postmark of the notice of disqualification.
b.) be properly addressed to:
Caregivers Criminal History Screening Program
P.O. Box 26100
Santa Fe, NM 87505
(505) 471-0801
c.) state your name, home and work addresses, telephone number(s), date of hire and control number
d.) state your employer’s name, address and telephone number
e.) describe your job duties and state your job title
f.) describe your care recipients (i.e. elderly, children, disabled, etc.)
g.) include any additional relevant documents that you wish to submit within the thirty (30) days. [all documents must be submitted all at once.] [additional information may include but is not limited to letter(s) of reference, performance evaluations, certificates, awards, resumes, etc.
See Paragraph 1 of Subsection C of 7.1.9.10 NMAC for more information]. h.) include a signed declaration identifying with specificity any criminal felony convictions and the circumstances of the charge(s) involved.
Step 2: Refers to/covers Subsection C of 7.1.9.10. NMAC.
The supporting information submitted in conjunction with the request for administrative reconsideration may include, but is not limited to, the following:
a.) credible and reliable documentation; i.e., a certified copy of an acquittal, a dismissal, a plea agreement, a Nolle Prosequi, a judgement and sentence, a probation/parole discharge, etc.
b.) your age at the time of the arrest/charge
c.) your synopsis of what occurred
d.) your court ordered probation, community service, rehab, GED, etc. [whether or not successfully completed and when (m/d/yr.)]
e.) your documents of completion of rehabilitation or counseling , for example: Alcoholics Anonymous, Anger Management, Narcotics Anonymous, etc.
f.) your job history since the arrest/incident occurred. Did you maintain a steady job? If so, give dates and employer’s name; or did you go to school on a full-time basis, if so give dates and name of school.
g.) Your choice of relevant documents which would support reconsideration. For Example: letters of reference, school transcripts, awards, etc.
Step 3: Refers to/covers Subsection D of 7.1.9.10. NMAC.The reconsideration proceeding is an informal review of all documents submitted by you.
It is conducted by a committee. The committee will make a final determination of either clearance or disqualification based on all documentation submitted. Once the final determination of clearance or determination is made, a certified letter will be mailed; return receipt to you and to your employer. In some cases, the committee may need additional or clarifying information, if so, the following will occur:
a.) the Caregivers Criminal History Screening Program will request that you supply additional information within seven (7) days of the request.
b.) you will be notified of the date that the committee will re-review the additional information you supplied.
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What is a final Determination of Disqualification?
If an applicant/caregiver is determined to be disqualified based on the documentation submitted, a letter of Final Determination of Disqualification is mailed, via certified mail, to both the caregiver and the care provider. This letter notifies both the caregiver and care provider that the caregiver may no longer be employed as a caregiver in the state of New Mexico. A letter of Final Determination of Disqualification may also be mailed if an applicant/caregiver fails to respond to a request for disposition within the timelines specified.
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What is a Final Determination of Employment Clearance?
If an applicant/caregiver is determined to be cleared based on the documentation submitted, a letter of Final Determination of employment Clearance is mailed, via certified mail, to both the caregiver and care provider. This letter notifies both the care giver and care provider that this caregiver may be employed as a caregiver in the state of New Mexico. A letter of Final Determination of Employment Clearance may also be mailed if a caregiver provides documentation to the CCHSP, after a letter of disqualification or final disqualification have been sent, that substantiates that the caregivers criminal record is in error, or that the disqualifying event(s) on their record was not a felony or felony conviction.
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May a caregiver who has received a Final Determination of Disqualification continue to be employed by a care provider as a caregiver?
No! See Subsection C. of 7.1.9.9. NMAC. C. Notice of Final Determination of Disqualification: Upon receipt of a notice of Final Determination of Disqualification a care provider must:
(1) Immediately and permanently remove a caregiver from any position of employment that meets the definition of caregiver as set forth in Subsection D of 7.1.9.7. NMAC.
(2) Notify the department of the date and type of action taken to satisfy the removal requirements of as set forth in Paragraph 1 of Subsection C of 7.1.9.9. NMAC via written documentation signed by an authorized agent of the care provider.
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Do I need to report allegations of abuse, neglect or exploitation to any other agency?
Yes. You also are required to report to the Statewide Central Intake of Children Youth and Families Department. The phone number to call is 1-800-797-3260. The fax number is 505-841-6691.
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If I disagree with a finding resulting from an investigation or I have additional information, what do I do?
Every letter of finding has the name of the investigator of record and their phone number. You may call them directly or you can call the Bureau Chief.
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If I want a copy of the full investigative report, what do I do?
All requests must go through the Bureau Chief. If you are a guardian we need proof of guardianship if the consumer is of majority age. The request will be reviewed, then sent to the Office of General Counsel with a copy of the documents requested. It is their determination of what gets released and to whom it is released.
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How long does the investigative process take and when should I hear something?
Investigators have 45 days to investigate the case, five days to complete their written report and have it reviewed by their supervisor. The closure letters are then mailed out to the Guardians or consumers, the responsible provider and the Case Manager. All letters are mailed to the corporate office in New Mexico. It is their responsiblility to inform their staff of the findings.
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What do I do if I reported an incident to my supervisor, but they did not report to the State?
If you have any concern that an alleged incident has not been appropriately reported call the hotline and self report. The number is 1-800-752-8649
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Will I receive notification that you received my report of innapprpopriate actions at licensed facilities?
You will receive notification of receipt and you will receive notification of the resolution of the complaint at its closure.
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What is the definition of abuse?
Abuse means the willful infliction of injury, unreasonable confinement, intimdation, or punishment with resulting physical harm, pain or mental anguish.
What is neglect?
Neglect means the failure to provide goods and services necessary to avoid physical harm, mental anguish, or mental illness.
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What is misappropriation (ie Exploitation)?
Misappropriation of property means the deliberate misplacement, exploitation, or wrongful, temporary or permanent use of a resident's belongings or money without the resident's consent.
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What type of events are reportable?
Allegations of abuse, neglect, exploitation,environmental hazard, use of law enforcement intervention, use of emergency services and deaths (expected and unexpected) that occurs in community programss that contract with the State to provide services for the Consumers in the Developmentally Disabled Medicaid Waiver, the Disabled & Elderly Waiver, the mMedically Fragile Waiver, the Family Infant Toddler Program, the Developmental Disablility General Fund. Care issues are also reportable for licensed and certified and licensed only facilities (as well as the above issues.
