New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 26 - FOSTER CARE AND ADOPTION › Part 4 - LICENSING REQUIREMENTS FOR FOSTER AND ADOPTIVE HOMES › Section 8.26.4.17 - FOSTER CARE PROVIDER ASSURANCES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Applicants must sign an agreement containing the following assurances that they
				and all household members will comply with their roles and responsibilities as
				discussed with the licensing agency once a child is placed in their
				care.
B. PSD shall review the
				assurance agreement with the foster care provider at initial licensing, when a
				child is placed in their care, and annually thereafter.
C. The following are the foster care provider
				assurances. Foster care providers:
(1) shall
				have ongoing collaboration and communication with PSD regarding their needs or
				barriers to carrying out foster care provider responsibilities;
(2) shall not engage in discriminatory
				treatment on the basis of a child's race; ethnicity; creed; color; age;
				religion; sex or gender; gender identity; gender expression; sexual
				orientation; marital status or partnership; familial or parental status;
				pregnancy and breastfeeding or nursing; disability; genetic information;
				intersex traits; medical condition, including HIV/AIDS; citizenship or
				immigration status; national origin; tribal affiliation; ancestry;
				socioeconomic status; language; political affiliation; military or veteran
				status; status as a victim of domestic violence, sexual assault or stalking;
				and housing status, including homelessness; or any other non-merit
				factor|;
(3) shall not attempt to
				change or discourage a child's sexual orientation, gender identity, or gender
				expression or prohibit expression, including through clothing or grooming,
				consistent with the child's gender or gender expression;
(4) shall not use corporal punishment or
				degrading punishment on any children living in the home or that they may be
				providing care to;
(5) shall not
				use illegal substances, abuse alcohol, or abuse legal prescription or
				non-prescription drugs, using them contrary to as indicated, or using them in a
				way that impacts the safety and well-being of children placed in their home.
				They shall agree that any use of prescription medications will require an
				assessment as to the safety of the children in the initial or updated home
				study.
(6) shall inform PSD
				immediately of prescription medical marijuana use and provide PSD with a copy
				of the New Mexico state issued card, along with the directive and reason for
				use from a licensed medical or psychiatric physician. They shall agree to keep
				any legal prescription medical marijuana in a locked container, inaccessible by
				children. They shall agree to not use medical marijuana while solely caring for
				the children and shall not operate a vehicle or any other motorized machinery
				while under the influence. They shall agree that any use of prescription
				medical marijuana will require assessment as to the safety of the children in
				the initial or updated home study.
(7) shall not use or allow any other persons
				to smoke cigarettes, marijuana or other smoking devices in the foster family
				home, in any vehicle used to transport a child, or in the presence of the child
				in foster care.
(8) shall closely
				supervise the child in foster care when the child is in close proximity to any
				swimming pool or body of water. When they cannot supervise, they must restrict
				the child's access to swimming pools or bodies of water. The child must never
				be left to swim alone. Exceptions may be made for youth participating in the
				extended foster care program.
(9)
				shall provide water safety instruction to the child in foster care as
				appropriate for their age and development if the home is adjacent to any body
				of water or has a swimming pool. Water safety instruction addresses key
				knowledge and skills on how to be safe around water and does not necessarily
				mean swim lessons.
(10) shall
				maintain the swimming pool in safe condition, including testing and maintaining
				the chlorine and pH levels as required by the manufacturer's
				specifications.
(11) shall lock all
				entry points when the swimming pool is not in use.
(12) shall remove or secure any steps or
				ladders to the swimming pool to make them unusable when the pool is not in
				use.
(13) shall set up and maintain
				wading pools according to the manufacturer's instructions, and empty and store
				them when not in use.
(14) shall
				closely supervise the child in foster care when the child is in close proximity
				to or using a trampoline of any size. When they cannot supervise, they must
				restrict the child's access to trampolines. The child must never be left to
				play, sit or jump on a trampoline without adult supervision. Foster care
				providers shall ensure trampolines are used in accordance to the manufacturer's
				recommendations. Exceptions may be made for youth participating in the extended
				foster care program.
(15) shall
				ensure the child in foster care has legal and safe transportation to and from
				health care, therapy and agency appointments; school; extracurricular
				activities; social events; and scheduled meetings or visitation with parents,
				siblings, extended family members and friends, in accordance with prudent
				parenting.
(16) shall ensure that
				if a privately-owned vehicle, owned by the applicant, family or friend is used
				to transport the child in foster care, registered and insured, and meets all
				applicable state or tribal requirements to be an operable vehicle on the road.
(a) The driver shall have a valid driver's
				license.
(b) Safety restraints
				shall be used that are appropriate to the child's age, height, and
				weight.
(c) Weapons must not be
				transported in any vehicle in which the child is riding unless the weapons are
				made inoperable and inaccessible or the foster care provider is law enforcement
				and has documentation that they are required to carry their weapon.
(17) shall follow PSD's approved
				weapons agreement. No foster children are to be in the presence of firearms,
				unless prior approval is obtained from PSD.
(18) shall ensure any off road vehicles,
				boats, jet skis or other recreational vehicles the foster child may ride or
				drive are used according to the manufacturers recommendations are adhered to
				and that use of these types of vehicles may be dependent on the age and any
				cognitive and behavioral challenges of the child.
(19) shall positively and actively
				participate in the case plan goals for the child, including but not limited to
				reunification with their family, placement or guardianship with a relative or
				fictive kin, or planned permanent living arrangement. They shall not negatively
				speak of, write of or provide influence to the child regarding their
				family.
(20) may need to take
				additional steps for the safety of the child in foster care, depending on the
				home, the area in which it is located, and the age and any cognitive and
				behavioral challenges of the child. For example, applicants may be required to
				child proof their home or place a barrier to prevent the child from accessing
				nearby railroad tracks, river or another hazard.
(21) shall adhere to the PSD reasonable and
				prudent parent standards per
				8.26.2.13
				NMAC.
(22) shall acknowledge
				receipt of and intent to comply with the foster child and youth bill of
				rights.
(23) shall acknowledge
				receipt of and intent to comply with the memorandum of agreements for foster
				parents.