N.M. Admin. Code § 8.371.8.7 - DEFINITIONS
A.
"Coordinator": The Jackson coordinator or the
dispute resolution process coordinator or their designees.
B.
"Days": Calendar days, except
where otherwise specified.
C.
"Defendants": The defendants in Jackson et al. v. Fort
Stanton, et al., Civ. No. 87-839 JP who are represented by the
attorney general. If notice is to be provided to the defendants, it shall be
provided to the attorney general.
D.
"Division": The developmental
disabilities division of the health care authority. If notice is to be provided
to the division it shall be provided to the Jackson
coordinator.
E.
"Dispute
resolution process coordinator": The developmental disabilities division
employee who, under the supervision of the Jackson
coordinator, is responsible for the coordination and implementation of the
dispute resolution process.
F.
"Facility": Fort Stanton hospital and training school or Los Lunas
center for persons with developmental disabilities.
G.
"Helper": Someone who knows
the individual's capabilities, interests, likes and dislikes, who communicates
with the individual and assists the individual with communication. The helper,
if any, is to be chosen by the individual or, if none is chosen by the
individual and the individual does not object, by the facility's director of
social work or the individual's case manager.
H.
"Individual": A person
currently residing in Fort Stanton hospital and training school or Los Lunas
center for persons with developmental disabilities or a class member who has
moved to the community in New Mexico through the ITP process.
I.
"Intervenors: The members of
the plaintiff-Intervenor-class in Jackson v. Fort Stanton, as
they may be defined by the court and who are represented by attorneys Kent
Winchester and Vernon Salvador.
J.
"Jackson coordinator": The developmental
disabilities division employee who is responsible for various aspects of the
division's implementation of the court's orders in Jackson v. Fort
Stanton.
K.
"Parent/
guardian": The court-appointed guardian of an adult individual or the
custodial parent(s) if the individual is a minor.
L.
"Parties": The individuals
and entities identified in Section 9 who may initiate the DRP. As this term is
used in subsequent sections of this DRP, it also includes:
(1) The intervenors in their capacity as
representative of each parent/guardian of each individual residing in Fort
Stanton and Los Lunas who is a member of the plaintiff-intervenor-class, unless
the parent/guardian has chosen a representative other than
intervenors;
(2) The plaintiffs in
their capacity as representative of each individual residing in Fort Stanton
and Los Lunas who is a member of the plaintiff-class, unless the individual has
chosen a representative other than plaintiffs;
(3) Any other representative chosen in place
of intervenors or plaintiffs; and
(4) The office of the attorney general in its
capacity as representative of the authority or the authority's office of
general counsel.
(5) If a dispute
involves a facility IPP or community ISP, the term "parties" does not include
the intervenors or the plaintiffs. Intervenors and plaintiffs may participate
in a facility IPP or community ISP dispute only as the representative of an
individual or parent/guardian who chooses them to be their
representative.
M.
"Plaintiffs": The members of the plaintiff-class in
Jackson v. Fort Stanton, as they may be defined by the court
in that case, who are represented by protection and advocacy system of New
Mexico.
N.
"Plan": The
individualized programs developed by the interdisciplinary team (IDT)
including, the facility individual program plan (IPP), the individual
transition plan (ITP), the interim plan developed when the authority does not
approve the ITP, and the community individual service plan (ISP).
O.
"Team": The facility
interdisciplinary team (FIDT), the transition interdisciplinary team (TIDT) or
the community interdisciplinary team (CIDT).
Notes
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