2019 New Mexico Statutes
Chapter 32A - Children's Code
Article 6A - Children's Mental Health and Developmental Disabilities
Section 32A-6A-7 - Right to individualized treatment or habilitation services and plan.
A. A child receiving mental health or habilitation services shall have the right to prompt treatment and habilitation pursuant to an individualized treatment plan and consistent with the least restrictive means principle.
B. A preliminary treatment plan shall be prepared within seven days of initial provision of mental health or habilitation services.
C. An individualized treatment or habilitation plan shall be prepared within twenty-one days of the provision of mental health or habilitation services.
D. The individualized treatment or habilitation plan shall be developed by the child's treatment team. The child and the child's legal custodian and parent shall, to the maximum extent possible, be involved in the preparation of the child's individualized treatment or habilitation plan.
E. An individualized treatment or habilitation plan shall include:
(1) a statement of the nature of the specific problem and the specific needs of the child;
(2) a statement of the least restrictive conditions necessary to achieve the purposes of treatment or habilitation;
(3) a description of intermediate and long-range goals, with the projected timetable for their attainment;
(4) a statement and rationale for the plan of treatment or habilitation for achieving these intermediate and long-range goals;
(5) specification of staff responsibility and a description of the proposed staff involvement with the child in order to attain these goals;
(6) criteria for release to less restrictive settings for treatment or habilitation, criteria for discharge and a projected date for discharge; and
(7) provision for access to cultural practices and traditional treatments in accordance with the child's assessed needs, and for an Indian child, culturally competent placement, treatment and practices and, after appropriate consent, tribal consultation.
F. A treatment or habilitation plan for a child in an out-of-home treatment or habilitation program shall be based on documented assessments that may include assessments of mental status; intellectual function; psychological status, including the use of psychological testing; psychiatric evaluation and medication; education, vocation, psychosocial assessment, physical status and the child's cultural needs.
G. The child's progress in attaining the goals and objectives set forth in the individualized treatment or habilitation plan shall be monitored and noted in the child's records, and revisions in the plan may be made as circumstances require. The members of the child's treatment team shall be informed of major changes and shall have the opportunity to participate in decisions.
History: Laws 2007, ch. 162, § 7.
ANNOTATIONSCross references. — For individualized treatment or habilitation plans applicable to the Adult Mental Health and Developmental Disabilities Code, see 43-1-9 NMSA 1978.
For provisions of the 1995 Children's Mental Health and Developmental Disabilities Act, relating to individualized treatment and habilitation plans, see the 2006 NMSA 1978 (32A-6-10) on NMOneSource.com.
Effective dates. — Laws 2007, ch. 162 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 15, 2007, 90 days after the adjournment of the legislature.
