Review and Expunction of Central Registries and Reporting Records - New Mexico

Date: May 2018

Right of the Reported Person to Review and Challenge Records

Citation: Admin. Code § 8.10.3.22

The Protective Services Division (PSD) worker shall provide parents, guardians, foster parents, preadoptive parents, and treatment foster parents who were the subject of the protective services investigation the notice of results of the investigation letter. The PSD worker shall send the notice of the results of the investigation letter within the 45-day timeframe for completion of an investigation, with a possible 30-day extension.

The PSD worker shall notify parents, guardians, foster parents, preadoptive parents, and treatment foster parents who were the subject of a substantiated investigation, which is not the subject of a pending children's court case, in writing that the decision to substantiate the investigation may be reviewed through PSD's administrative review process. A client seeking an administrative review shall request the review in writing to PSD within 10 days of the action or notice of the proposed action.

If the investigation decision is upheld after being reviewed through PSD's administrative review process, then PSD shall send a formal letter to the parent, guardian, foster parent, preadoptive parent, or treatment foster parent who was the subject of the investigation notifying them of the decision to uphold the substantiation and that the upheld decision may be reviewed through the Children, Youth and Families Department's administrative hearing process. The parent, guardian, foster parent, preadoptive parent, or treatment foster parent shall request an administrative hearing in writing to the PSD director's office within 10 days of receipt of the letter.

When Records Must Be Expunged

This issue is not addressed in the statutes and regulations reviewed.