reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 26 - FOSTER CARE AND ADOPTION › Part 3 - ADOPTION ACT REGULATIONS › Section 8.26.3.47 - REPRODUCTIVE ALTERNATIVES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Sperm
				donor; Artificial Insemination: See Section
				40-11-6 NMSA
				1978.
B. Surrogate mother:
(1) A surrogate mother shall not be paid to
				conceive and/or carry a child. See Section 32A-5-34(F) NMSA 1978
(2) Reasonable expenses: The petitioner may
				pay for any expenses of the biological mother allowed by the act in Section
				32A-5-34(B) NMSA 1978
(3) The
				surrogate mother's parental rights may only be terminated as provided in the
				act. Therefore, the surrogate mother may elect not to consent to the adoption
				or to relinquish her parental rights.
(4) If the surrogate mother elects to consent
				to the adoption, the spouse of the biological father or other person permitted
				to adopt the adoptee pursuant to the act, may initiate an adoption proceeding
				in conformance with the act.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 26 - FOSTER CARE AND ADOPTION › Part 4 - LICENSING REQUIREMENTS FOR FOSTER AND ADOPTIVE HOMES › Section 8.26.4.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
Children, Youth and Families Department (CYFD), Protective
				  Services Division (PSD).
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 26 - FOSTER CARE AND ADOPTION › Part 4 - LICENSING REQUIREMENTS FOR FOSTER AND ADOPTIVE HOMES › Section 8.26.4.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
PSD staff and all PSD licensed agencies providing foster care
				  services in New Mexico.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 26 - FOSTER CARE AND ADOPTION › Part 4 - LICENSING REQUIREMENTS FOR FOSTER AND ADOPTIVE HOMES › Section 8.26.4.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Children, Youth and Families Department Act, Section
				  9-2A-7
				  D, NMSA 1978; New Mexico Children's Code Adoption Act, Section
				  32A-5-6
				  A, NMSA 1978; Child Placement Licensing Act, Section
				  40-7A-4
				  D, NMSA 1978.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 26 - FOSTER CARE AND ADOPTION › Part 4 - LICENSING REQUIREMENTS FOR FOSTER AND ADOPTIVE HOMES › Section 8.26.4.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
February 11, 2020, unless a later date is cited at the end of
				  a section.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 26 - FOSTER CARE AND ADOPTION › Part 4 - LICENSING REQUIREMENTS FOR FOSTER AND ADOPTIVE HOMES › Section 8.26.4.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
To create standards for licensing of relative, fictive kin,
				  non-relative foster and adoptive care providers in New Mexico which are
				  consistent with the best interest, safety, permanency, and well-being of
				  children by:
A. enabling protective
				services division or licensed child placement agencies (CPA) to license and
				monitor foster and adoptive homes;
B. enabling protective services division to
				set standards for the application and operation of non-relative foster and
				adoptive families to protect the best interest of children in foster or
				adoptive placement;
C. enabling
				protective services division to set standards for the application and operation
				of relative and fictive kin care providers to protect the best interest of
				children in foster, guardianship or adoptive placements; and
D. complying with the New Mexico Children's
				Code, the New Mexico Adoption Act and regulations, the Indian Child Welfare
				Act, the Adoption and Safe Families Act, the Interstate Compact on Placement of
				Children, the Interstate Compact on Adoption and Medical Assistance, the
				Multi-Ethnic Placement Act, as amended by the Inter-Ethnic Adoption Provisions
				of 1996, the Safe and Timely Interstate Placement of Foster Children Act, the
				Adam Walsh Act, the Fostering Connections for Success and Increasing Adoptions
				Act, the Child Abuse Prevention and Treatment Act Reauthorization of 2010,
				Every Student Succeeds Act, Family First Prevention Services Act, and the New
				Mexico Administrative Code.
E. The
				agency shall give placement preference to relatives and fictive kin as foster
				care providers. In the event that a child is not placed in a relative foster
				care placement, the agency shall continue to make diligent efforts to search
				for, identify, and assess relatives throughout the life of the case for
				potential placement of the child. The agency shall assist relatives with
				meeting licensing requirements through identifying barriers, informing the
				applicant, and providing support. If a relative cannot be licensed to provide
				foster care for a child, this shall not preclude the relative from maintaining
				a meaningful relationship with the child while in foster care.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 26 - FOSTER CARE AND ADOPTION › Part 4 - LICENSING REQUIREMENTS FOR FOSTER AND ADOPTIVE HOMES › Section 8.26.4.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
"Administrative appeal"
is a formal hearing for foster care
				providers whose license have been revoked, suspended, or not renewed. Foster
				care providers have the opportunity to present evidence to an impartial hearing
				officer in accordance with CYFD's administrative appeals regulations 8.8.4
				NMAC.
B.
"Administrative
				review"
is an informal process for foster care providers whose
				application for licensure has been denied. The review may include an informal
				conference or a record review, and does not create any substantive rights for
				the family.
C.
"Adoptee"
refers to any person who is the subject of an adoption
				petition.
D.
"Adoption"
is the establishment of a court sanctioned legal
				parental relationship between an adult and a child.
E.
"Adoptive parent"
refers to a
				foster care provider licensed by PSD or by a licensed child placement agency
				who has finalized the adoption of a foster child.
F.
"Adult"
refers to a person 18
				years of age and older, not participating in the extended foster care
				program.
G.
"Agency" or
				"child placement agency"
means any PSD licensed individual, partnership,
				association or corporation, for profit or non-profit, undertaking the placement
				of a child in a home in this or any other state for the purpose of providing
				foster care or adoption services. An agency may be licensed as an adoption
				agency, a foster care agency or both.
(1)
"Adoption agency"
means an agency licensed by PSD to facilitate
				the adoption of a child or perform a service within the adoption
				process.
(2)
"Foster care
				agency"
means an agency licensed by PSD for the purpose of supervising
				foster care providers, treatment foster care providers, or other levels of
				foster care as developed by PSD.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 26 - FOSTER CARE AND ADOPTION › Part 4 - LICENSING REQUIREMENTS FOR FOSTER AND ADOPTIVE HOMES › Section 8.26.4.8 - FOSTER CARE PROVIDER ELIGIBILITY

Current through Register Vol. 35, No. 13, July 16, 2024
A. All applicants, relative, fictive kin or
				non-relative, must submit a complete application and accompanying documentation
				for a foster care provider license, and keep copies in their home.
B. To apply for a foster care provider
				license:
(1) Applicants must be 18 years or
				older;
(2) Applicants must be a
				resident of New Mexico;
(3)
				Applicants must be able to communicate with the child in the child's own
				language, through translation services or other resources;
(4) Applicants must be able to communicate
				with PSD, licensing agents, health care providers, and other service providers,
				through translation services or other resources;
(5) At least one applicant in the home must
				have functional literacy or have access to resources to read, such as having
				the ability to read labels on medications in order to properly administer them;
				and
(6) Applicants must have income
				or resources necessary to make timely payments for shelter, food, utility
				costs, clothing and other household expenses prior to the addition of a foster
				child;
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 26 - FOSTER CARE AND ADOPTION › Part 4 - LICENSING REQUIREMENTS FOR FOSTER AND ADOPTIVE HOMES › Section 8.26.4.9 - TYPES OF FOSTER CARE PROVIDER LICENSES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Provisional license: A provisional license
				is a license issued by PSD to a relative or fictive kin upon satisfactory
				completion of the initial relative assessment at the time of an emergency
				placement of a child. A provisional license may be issued to facilitate or
				expedite placement of a child with a relative or fictive kin. A provisional
				license is valid for 60 days, with the possibility of one 30 day extension as
				described herein at Subsection C of
				8.26.4.11
				NMAC. For emergency placements of American Indian and Alaska Native children,
				agencies shall work closely with tribal and urban Indian organizations that
				have expertise in recruiting and licensing tribal foster care providers. If a
				relative or fictive kin is identified and resides on tribal land, a provisional
				license may be extended up to 60 additional days by the PSD field deputy
				director.
B. Foster care provider
				license: A two year license issued by PSD after all licensing requirements have
				been completed.
C. Treatment foster
				care license: A license issued by a child placement agency to a foster care
				provider to care for a child requiring intensive services after the provider
				has met both the child placement agency licensing regulations, and the
				treatment foster care standards contained in
				7.20.11.29
				NMAC. PSD does not license treatment foster care providers.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 26 - FOSTER CARE AND ADOPTION › Part 4 - LICENSING REQUIREMENTS FOR FOSTER AND ADOPTIVE HOMES › Section 8.26.4.10 - INITIAL LICENSURE

Current through Register Vol. 35, No. 13, July 16, 2024
A. A
				foster care license shall be granted or denied based upon the assessment and
				participation in the licensing process. The issuance of an initial foster care
				provider license is not an entitlement to full licensure.
B. The applicants shall complete all
				licensing requirements prior to full licensure. In the event of a household
				member who may not be able to meet all licensing requirements due to a
				disability, licensing requirements may be waived on a case by case basis by the
				PSD regional manager.
C. A foster
				care provider license shall be valid for a period of two years from the date of
				issuance.
D. An initial foster care
				provider license memorandum of agreement outlining the stipulations of
				licensure shall be reviewed by the licensing agent and the applicants. Signing
				of the agreement is an acknowledgement that all stipulations are understood and
				accepted by all concerned. The initial agreement shall be signed prior to the
				issuance of the two year license.
E. Foster care providers shall not be dually
				licensed by more than one licensing entity. Exceptions may be made for the
				purpose of adoption in the following situations:
(1) a treatment foster care provider seeks to
				adopt a child in the custody of PSD who is currently placed in their home;
				or
(2) a treatment foster care
				provider seeks to adopt a child in the custody of PSD who has a plan of
				adoption but does not have an identified resource. Consideration for adoption
				of a child in PSD custody by a treatment foster care provider shall be approved
				by a county office manager prior to the SAFE home study update of the potential
				adoptive family.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 26 - FOSTER CARE AND ADOPTION › Part 4 - LICENSING REQUIREMENTS FOR FOSTER AND ADOPTIVE HOMES › Section 8.26.4.11 - APPLICATION FOR INITIAL FOSTER CARE PROVIDER LICENSURE

Current through Register Vol. 35, No. 13, July 16, 2024
A. PSD's relative and fictive kin placement
				preferences: PSD and child placement agencies (CPAs) shall give placement
				preference to relatives and fictive kin as foster care providers, regardless of
				citizenship or immigration status. The licensing agency shall assist relatives
				with meeting licensing requirements through identifying barriers, informing the
				applicant, and offering support. If a relative cannot be licensed to provide
				foster care for a child, this shall not preclude the relative from maintaining
				a meaningful relationship with the child while in foster care. In the event a
				child is not placed in a relative or fictive kin foster care placement, PSD
				shall continue to make diligent efforts to search for, identify and assess
				relatives throughout the life of the permanency case for potential placement of
				the child and to maintain familial connections.
B. Initial licensure application requirements
				for all applicants: During the initial licensure, all persons wishing to become
				a licensed foster care provider for PSD or for a CPA are required to complete
				the following:
(1) a foster care
				application;
(2) a home study,
				which is PSD's written comprehensive family assessment;
(3) a criminal records check and child abuse
				and neglect check; and
(4)
				pre-service training.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 26 - FOSTER CARE AND ADOPTION › Part 4 - LICENSING REQUIREMENTS FOR FOSTER AND ADOPTIVE HOMES › Section 8.26.4.12 - CRIMINAL RECORDS CHECKS (CRC) FOR FOSTER CARE PROVIDER LICENSURE

Current through Register Vol. 35, No. 13, July 16, 2024
A. All persons
				wishing to become licensed foster care providers for PSD or for a child
				placement agency must complete a CRC. CRCs are required for all applicants and
				adults living home.
B. Applicants
				who have a completed home study by a private agency must complete the CRC
				requirement for foster care providers.
C. CRC clearance letter for all adult
				household members must be received by PSD or the child placement agency (CPA)
				prior to issuing full licensure. The CRC unit conducts federal and state
				criminal record checks for all adults living in the home.
D. PSD staff and CPA staff shall register
				applicants and adult household members to be fingerprinted.
E. PSD staff and CPA staff shall complete the
				CRC application and submit to the PSD CRC Unit.
F. PSD and CPA staff shall conduct a search
				of the applicant and all adult household members through
www.nmcourts.gov
and a national sex
				offender registry through
https://www.nsopw.gov/
. Results shall be
				confirmed in the CRC clearance letter.
G. PSD and CPA staff shall request a check of
				any other child abuse or neglect registry in a state or tribe in which any such
				applicant or other adult household member has resided in the preceding five
				years of the date of application.
H. Licensure shall not be approved in any
				case in which the CRC results for the applicant or any adult household member
				reveal any of the following federally mandated automatic disqualifiers:
(1) a felony conviction for child abuse or
				neglect;
(2) a felony conviction
				for spousal abuse, domestic abuse, or abuse against a household
				member;
(3) a felony conviction for
				a crime against children, including child pornography;
(4) a felony conviction for any crime
				involving violence, including rape, sexual assault, homicide, robbery, and
				aggravated assault, but not including other assault (not aggravated) or
				battery; or
(5) a felony conviction
				within the past five years for assault, battery, or a drug or alcohol related
				offense.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 26 - FOSTER CARE AND ADOPTION › Part 4 - LICENSING REQUIREMENTS FOR FOSTER AND ADOPTIVE HOMES › Section 8.26.4.14 - PHYSICAL AND MENTAL HEALTH STANDARDS FOR FOSTER CARE PROVIDER LICENSURE

Current through Register Vol. 35, No. 13, July 16, 2024
A. All applicants
				must be assessed to be physically and mentally capable of caring for a foster
				child in their home. The following are the minimum documentation requirements
				for licensure; however, these requirements shall not prevent placement of a
				relative or fictive kin if efforts are made to obtain documentation or
				appointments:
(1) a physical exam within the
				past 12 months from the application date, from a licensed health care
				professional recognized by PSD. The exam results must indicate the applicants
				are capable of caring for an additional child. PSD may require additional
				documentation and evaluation to make such a determination. The applicant is
				responsible for obtaining and paying for their physical exam, however, relative
				or fictive kin applicants who may need financial assistance shall contact PSD
				for further guidance.
(2)
				immunization records for any child residing in the home must be provided to
				PSD. All children who are household members must be up to date on all
				immunizations jointly recommended by the American Academy of Pediatrics, the
				Advisory Committee on Immunization Practices of the Centers for Disease Control
				and Prevention, and the American Academy of Family Physicians, unless a waiver
				has been issued by the department of health; and
(3) all household members who will be
				caregivers of infants must have an up to date pertussis (whooping cough)
				vaccine consistent with the recommendations of the Advisory Committee on
				Immunization Practices (ACIP), unless the immunization is contrary to the
				individual's health as documented by a licensed care professional. All
				household members who will be caregivers of infants or children with special
				medical needs must have an up to date annual influenza vaccine consistent with
				the recommendations of the ACIP, unless the immunization is contrary to the
				individual's health as documented by a licensed health care
				professional.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 26 - FOSTER CARE AND ADOPTION › Part 4 - LICENSING REQUIREMENTS FOR FOSTER AND ADOPTIVE HOMES › Section 8.26.4.15 - HOME SAFETY, CAPACITY AND OTHER SPACE STANDARDS FOR FOSTER CARE PROVIDER LICENSURE

Current through Register Vol. 35, No. 13, July 16, 2024
A. Living
				space: The applicant's home may be a house, mobile home, housing unit or
				apartment occupied by an individual or family.
B. Condition of the home: The applicant's
				home and all structures on the grounds of the property must be maintained in a
				clean, safe, and sanitary condition and in a reasonable state of repair within
				community standards. The home must satisfy the following living space
				standards:
(1) be free from objects,
				materials, and conditions that constitute a danger;
(2) prevent or eliminate rodent and insect
				infestation;
(3) have capability
				for regular disposal of trash and recycling, if recycling is available in the
				area;
(4) have a working phone or
				access to a working phone in close walking proximity;
(5) have at least one toilet, sink, and tub
				or shower in safe operating condition;
(6) have kitchen facilities with a sink,
				refrigerator, stove, and oven in safe operating condition;
(7) have heating and or cooling as required
				by the geographic area, consistent with the accepted community standards and in
				safe operating condition;
(8) have
				ventilation where household members and children in foster care eat, sleep,
				study and play. This includes ventilation for fuel-burning equipment for
				heating.
(9) have adequate lighting
				as required by the geographic area, consistent with the accepted community
				standards and in safe operating condition;
(10) have access to or a continuous supply of
				safe drinking water; and
(11) have
				proper water heater temperature. Any water heater must be set in accordance
				with the manufacturer's recommendations.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 26 - FOSTER CARE AND ADOPTION › Part 4 - LICENSING REQUIREMENTS FOR FOSTER AND ADOPTIVE HOMES › Section 8.26.4.16 - FOSTER CARE PROVIDER TRAINING

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Pre-service training: PSD shall provide pre-service training to all foster care
				providers. All foster care providers are required to do PSD's pre-service
				training. Accommodations for trainings may be provided on a case-by-case basis,
				depending on the foster care provider's needs. Accommodations may include in
				person group, one-on-one or online training sessions. Pre-service training
				topics shall include:
(1) An overview of New
				Mexico's child welfare system:
(a) legal
				rights, roles, responsibilities and expectations of foster care
				providers;
(b) PSD's purpose,
				structure, policies, and services; including the rights of children in care
				and
(c) courts, applicable laws and
				regulations.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 26 - FOSTER CARE AND ADOPTION › Part 4 - LICENSING REQUIREMENTS FOR FOSTER AND ADOPTIVE HOMES › Section 8.26.4.18 - CHANGES IN HOUSEHOLD EFFECTING LICENSURE STATUS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Licensed foster parents must notify their
				licensing agent immediately of any circumstance that may impact their license.
				Such circumstances may include but are not limited to:
(1) birth or death of any household
				member;
(2) serious illness of any
				household member;
(3) criminal
				investigation, arrest or conviction of any household member;
(4) child abuse or neglect referrals
				involving a household member;
(5)
				new person living in the home or a person leaving the home;
(6) significant financial changes, such as a
				change in employment status or bankruptcy;
(7) a minor child reaching the age of 18;
				or
(8) change in address.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 26 - FOSTER CARE AND ADOPTION › Part 4 - LICENSING REQUIREMENTS FOR FOSTER AND ADOPTIVE HOMES › Section 8.26.4.19 - REVIEW AND RENEWAL OF FOSTER CARE PROVIDER LICENSURE

Current through Register Vol. 35, No. 13, July 16, 2024
A. Annual review: An annual review is a
				yearly review of a foster care provider's license to ensure the foster care
				provider continues to meet licensing standards related to criminal record
				checks, incident reports, training and assurances. An annual review shall be
				conducted one year from the date the license was issued. The licensing agent
				shall conduct an annual review of each foster care provider to include the
				following:
(1) documentation of completion of
				the training requirements and the plan for ongoing training as described herein
				at
				8.26.4.16
				NMAC;
(2) an abuse and neglect
				check on all adults living in the home;
(3) a check of nmcourts.com and the national
				sex offender registry on all adults living in the home;
(4) a review of the agreement between the
				foster care provider and the licensing agency. The agreement shall be signed
				again to cover the remainder of the licensing period or the new licensing
				period;
(5) a review of placements
				made during the year, identification of strengths and training needs, and a
				review of current policies affecting foster care;
(6) a review of incident reports or
				investigations made during the year;
(7) a review with the foster care provider of
				their duty to disclose any arrests or abuse and neglect referrals;
				and
(8) a review and
				acknowledgement of receipt of the foster parent assurances with the foster care
				provider.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 26 - FOSTER CARE AND ADOPTION › Part 4 - LICENSING REQUIREMENTS FOR FOSTER AND ADOPTIVE HOMES › Section 8.26.4.20 - DENIAL, REVOCATION, SUSPENSION, OR NON-RENEWAL OF A FOSTER CARE PROVIDER LICENSE

Current through Register Vol. 35, No. 13, July 16, 2024
A. Denial
				of a license:
(1) PSD or child placement
				agency staff may deny an applicant's request for licensure based on a
				documented professional assessment using the PSD approved home study format and
				supervisory tool. When a denial is recommended by the PSD worker, concurrence
				by the supervisor, county office manager, juvenile justice bureau chief,
				clinical director or agency executive director is required. Denial for a
				relative or fictive kin shall require a team review to include the PPW worker,
				PPW supervisor, placement worker, placement supervisor and COM. Denial,
				revocation, suspension, or non-renewal must clearly document that in the
				professional assessment using the approved PSD home study format of the
				licensing agent, documenting that the prospective or current foster care
				applicant cannot adequately provide safety, permanency, and well-being for a
				child in foster care and any concerns cannot be mitigated.
(2) Applicant's may be denied licensure at
				any point in the licensing process. The applicant shall be notified in writing
				of the denial within 10 business days of PSD or child placement agency's final
				decision by certified return receipt mail.
(3) Applicants who have been denied an
				initial foster parent license may request an administrative review of the
				reasons for the denial of the initial license. The request must be in writing
				and within 10 days of the return receipt of the notice of denial. This review
				is an informal process completed by the licensing agent and third party that
				was not directly supervising the licensing agent, which may include an informal
				conference or record review. The administrative review does not create any
				substantive rights for the family.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 26 - FOSTER CARE AND ADOPTION › Part 4 - LICENSING REQUIREMENTS FOR FOSTER AND ADOPTIVE HOMES › Section 8.26.4.21 - GUIDANCE FOR LICENSURE OF NON-UNITED STATES CITIZENS WITHOUT LEGAL PERMANENT RESIDENCY

Current through Register Vol. 35, No. 13, July 16, 2024
A. All
				non-U.S. citizens without legal permanent residency who wish to be considered
				as relative or fictive kin placements shall comply with all licensure
				application requirements described herein Subsection B of
				8.26.4.11
				NMAC. PSD shall be responsible for conducting full licensure of non-U.S.
				citizens without legal permanent residency. Licensure of non-U.S. citizens
				without legal permanent residency shall not be contracted to other
				providers.
B. Criminal record
				checks (CRC) for non-U.S. citizen relative or fictive kin foster care
				providers:
(1) Non-U.S. citizen relative or
				fictive kin applicants without legal permanent residency must meet all
				requirements for criminal records checks described herein
				8.26.4.12
				NMAC with the exception of fingerprinting.
(2) Fingerprinting is the preferred method
				for background checks, however, an individual who is a non-U.S. citizen without
				legal permanent residency in the United States may choose not to be
				fingerprinted and may provide other forms of identification for a background
				check. Other forms of identification accepted for background checks are the
				following:
(a) Foreign passports
(b) Consular Identification (Matricula
				Consular)
(c) Non-REAL ID state
				identification
(d) Active
				Duty/Retiree/Reservist Military ID Card (000 10-2)
(3) The licensing agency shall provide
				assistance to the relative or fictive kin applicants with obtaining an
				acceptable form of identification.
(4) The national crime information center
				(NCIC) checks and abuse and neglect checks remain a mandated requirement for
				all relative or fictive kin applying to become licensed foster care providers.
				Relatives or fictive kin providers who are non-US citizens without legal
				permanent residency and who choose not to go through the fingerprinting process
				are still eligible to be foster care providers. PSD workers must notify their
				region's Title I-VE specialist immediately upon placement of a child with a
				non-U.S. citizen relative or fictive kin without legal permanent
				residency.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 26 - FOSTER CARE AND ADOPTION › Part 4 - LICENSING REQUIREMENTS FOR FOSTER AND ADOPTIVE HOMES › Section 8.26.4.22 - DOCUMENTATION RELATED TO LICENSING OF FOSTER AND ADOPTIVE CARE PROVIDERS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Maintenance of
				records:
(1) Foster care provider files: PSD
				and CPA shall maintain records concerning the evaluation of a foster care
				provider, including but not limited to the application, assessment information,
				recertification of information, releases of information, criminal records and
				background checks, medical examination records, a copy of the foster care
				provider license and correspondence. PSD and licensed agencies shall retain
				records permanently in accordance with
				1.21.2.804 NMAC. If
				an agency is closed or goes out of business, the agency shall comply with
				8.26.5.30
				NMAC.
(2) Adoption files: The
				agency, attorney, independent agent or PSD shall maintain records concerning
				adoptive families, including the foster care provider file as described above
				at Paragraph (1) of Subsection A of
				8.26.4.21
				NMAC, as well as adoption case information including but not limited to the
				adoption decree, annual contact reports, and adoption assistance agreements.
(a) Finalized adoption cases: The agency and
				CPA's shall retain finalized adoption records in locked files for 100 years
				from the date of birth of the youngest child. The agency may preserve records
				through microfilming or other electronic measures. In the event an agency is
				closed or goes out of business, the agency shall comply with
				8.26.5.30
				NMAC.
(b) Disrupted or proposed
				adoptions not finalized: PSD and CPA's shall retain cases for five years after
				the case is closed. In the event an agency is closed or goes out of business,
				the agency shall comply with
				8.26.5.30
				NMAC.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 26 - FOSTER CARE AND ADOPTION › Part 4 - LICENSING REQUIREMENTS FOR FOSTER AND ADOPTIVE HOMES › Section 8.26.4.23 - CHANGES IN HOUSEHOLD EFFECTING LICENSURE STATUS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Licensed foster parents must notify their
				licensing agent immediately of any circumstance that may impact their license.
				Such circumstances may include but are not limited to:
(1) birth or death of any household
				member;
(2) serious illness of any
				household member;
(3) criminal
				investigation, arrest or conviction of any household member;
(4) child abuse or neglect referrals
				involving a household member;
(5)
				new person living in the home or a person leaving the home;
(6) significant financial changes, such as a
				change in employment status or bankruptcy;
(7) a minor child reaching the age of 18;
				or
(8) change in address.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 26 - FOSTER CARE AND ADOPTION › Part 5 - CHILD PLACEMENT AGENCY LICENSING STANDARDS › Section 8.26.5.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
Children, Youth and Families Department (CYFD) Protective
				  Services Division (PSD)
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 26 - FOSTER CARE AND ADOPTION › Part 5 - CHILD PLACEMENT AGENCY LICENSING STANDARDS › Section 8.26.5.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
Any individual, partnership, association or corporation,
				  doing business in New Mexico, undertaking to place a child in a home in this or
				  any other state for the purpose of foster care or adoption of the child,
				  including treatment foster homes also governed by 7.20.11 NMAC, Certification
				  Requirements for Child and Adolescent Mental Health Services.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 26 - FOSTER CARE AND ADOPTION › Part 5 - CHILD PLACEMENT AGENCY LICENSING STANDARDS › Section 8.26.5.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Children, Youth and Families Department Act,
				  9-2A-7
				  D, NMSA 1978; New Mexico Children's Code Adoption Act, 32A-5-6 A, NMSA 1978;
				  Child Placement Licensing Act,
				  40-7A-4
				  D, NMSA 1978.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 26 - FOSTER CARE AND ADOPTION › Part 5 - CHILD PLACEMENT AGENCY LICENSING STANDARDS › Section 8.26.5.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
May 29, 2009, unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 26 - FOSTER CARE AND ADOPTION › Part 5 - CHILD PLACEMENT AGENCY LICENSING STANDARDS › Section 8.26.5.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
These standards supplement and are used in conjunction with
				  the Child Placement Licensing Act. The standards:
A. authorize CYFD protective services
				division to license and monitor agencies that place children in adoptive homes
				or in foster care so that the safety, permanency, and well being interests of
				the child are served; and
B.
				authorize CYFD protective services division to require the agency to protect
				the rights of children in foster or adoptive placement and to monitor agency
				compliance with the New Mexico Children's Code, the New Mexico Adoption Act and
				regulations, the Indian Child Welfare Act, the Adoption and Safe Families Act,
				the Interstate Compact on Placement of Children, the Interstate Compact on
				Adoption and Medical Assistance, the Multi-Ethnic Placement Act, as amended by
				the Inter-Ethnic Adoption Provisions of 1996, the Uniform Child Custody
				Jurisdiction and Safety Act, the Safe and Timely Interstate Placement of Foster
				Children Act, the Adam Walsh Act, the Fostering Connections for Success and
				Increasing Adoptions Act, and the Child Abuse Prevention and Treatment Act
				Reauthorization of 2010.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 26 - FOSTER CARE AND ADOPTION › Part 5 - CHILD PLACEMENT AGENCY LICENSING STANDARDS › Section 8.26.5.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
"Act"
means the Child Placement Agency Licensing Act, pursuant to
				40-7A-1
				et. seq. NMSA 1978.
B.
"Acknowledged father"
means a father who:
(1) acknowledges paternity of the adoptee
				pursuant to the putative father registry, pursuant to the Adoption Act,
				32A-5-20, NMSA 1978;
(2) is named,
				with his consent, as the adoptee's father on the adoptee's birth certificate;
				is obligated to support the adoptee under a written voluntary promise or
				pursuant to a court order; or
(3)
				has openly held out the adoptee as his own child by establishing a custodial,
				personal or financial relationship with the adoptee as pursuant to the Adoption
				Act, 32A-5-3F (4)(a) and (b) NMSA 1978.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 26 - FOSTER CARE AND ADOPTION › Part 5 - CHILD PLACEMENT AGENCY LICENSING STANDARDS › Section 8.26.5.8 - RULES OF CONSTRUCTION

Current through Register Vol. 35, No. 13, July 16, 2024
The Adoption Act Regulations, 8.26.3 NMAC and the Licensing
				  Requirements for Foster and Adoptive Homes, 8.26.4 NMAC are applicable and are
				  cross referenced, unless otherwise noted. The Child Placement Agency Licensing
				  Standards control should a conflict occur between these
				  regulations.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 26 - FOSTER CARE AND ADOPTION › Part 5 - CHILD PLACEMENT AGENCY LICENSING STANDARDS › Section 8.26.5.9 - ELIGIBLE AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
A. The agency
				must be licensed to do business in the state of New Mexico.
B. PSD does not issue a license unless the
				applicant or agency maintains an office and sufficient staff in the state of
				New Mexico, as described herein at Subsection A of 8.26.5.21 NMAC. Both the
				state program director and supervisor must work in the New Mexico office. An
				agency must operate from a street address in New Mexico and have sufficient
				office space to protect and maintain client case records, client identifying
				information and agency operation. The agency must have established and posted
				hours of operation.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 26 - FOSTER CARE AND ADOPTION › Part 5 - CHILD PLACEMENT AGENCY LICENSING STANDARDS › Section 8.26.5.10 - APPLICATION

Current through Register Vol. 35, No. 13, July 16, 2024
Any individual, group or organization requesting
				  consideration for a license as a child placement agency shall submit a packet
				  of information, as described in Subsections A-H below, to PSD. An applicant may
				  be licensed as an adoption agency, a foster care agency, or both. As a
				  condition of receiving a license, the applicant's proposed policies and
				  procedures and proposed manner of operation shall be in writing and shall
				  comply with the laws, regulations, and standards referenced herein. The
				  application packet shall include:
A.
Agency description and organization:
(1) the name or proposed name and location of
				the agency;
(2) profit or
				non-profit status;
(3) names and
				addresses of the members of the governing board;
(4) rules of the governing board and all
				sub-committees; and
(5) a signed
				statement from the governing board acknowledging responsibility for placement
				and monitoring of children in homes approved by the agency for such placement
				and acknowledging responsibility for:
(a)
				monitoring risks that may expose the organization to liability; and
(b) monitoring risks that may reveal
				unsatisfactory service;
(6) the geographic area of
				operation.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 26 - FOSTER CARE AND ADOPTION › Part 5 - CHILD PLACEMENT AGENCY LICENSING STANDARDS › Section 8.26.5.11 - TYPES OF LICENSES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Initial license:
An initial license is granted to any agency when PSD
				verifies that the applicant is in substantial compliance with the licensing
				requirements. If the applicant is in substantial compliance but there are minor
				deficiencies, the applicant is directed to correct the minor deficiencies. An
				applicant's initial license shall be issued for a maximum of one
				year.
B.
Standard
				license:
If the agency continues to meet all licensing requirements, PSD
				may elect to license the agency for a standard license. A standard license may
				be issued for one year or two years. If all regulations have been met during
				the current audit, a license may be issued for up to two years.
C.
Six month license:
A six
				month license may be issued when PSD determines the agency has documented
				substantial deficiencies or chronic minor deficiencies, and:
(1) the agency submits a written corrective
				action plan as approved by PSD to correct the deficiencies; and
(2) the applicant can meet the licensing
				requirements within six months from the date of issuance of the six month
				license; PSD makes at least one site visit at least two months prior to the
				expirations of the six month license, or more frequent visits, to determine
				that the agency has taken sufficient steps to correct the
				deficiencies.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 26 - FOSTER CARE AND ADOPTION › Part 5 - CHILD PLACEMENT AGENCY LICENSING STANDARDS › Section 8.26.5.12 - APPROVAL OR DENIAL OF A LICENSE

Current through Register Vol. 35, No. 13, July 16, 2024
A license is granted or denied based upon the application and
				  upon PSD review, assessment and determination that the applicant is, or is not,
				  in compliance with these standards and the standards outlined in the
				  act.
A.
Approval:
PSD
				notifies the applicant, in writing, of approval of the application for a
				license. Notice is by registered mail sent to the address shown on the
				application within 90 calendar days after receipt of the completed
				application.
B.
Denial:
PSD notifies the applicant, in writing, of denial of the
				license. The applicant may be denied a license when the requirements for
				licensing are not met or the applicant has a history of license revocation,
				suspension, denial, penalties or other corrective action based upon complaints
				substantiated by any state agency responsible for regulation and licensing of
				child placement agencies or by a court of competent jurisdiction in any state
				where the agency has operated. Notice of denial is sent by registered mail to
				the address shown on the application within 90 calendar days after the receipt
				of the completed application packet. A notice denying the license states the
				reason for the denial and informs the applicant of the appeal process. (See
				8.26.5.14 NMAC, appeal rights, as described below).
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 26 - FOSTER CARE AND ADOPTION › Part 5 - CHILD PLACEMENT AGENCY LICENSING STANDARDS › Section 8.26.5.13 - LICENSE RENEWAL

Current through Register Vol. 35, No. 13, July 16, 2024
A. The agency
				shall request a renewal of its license, on a renewal form provided by PSD, by
				certified mail, no later than 90 calendar days before the expiration of the
				current license.
B. A license is
				renewed or terminated based on the agency's written request for renewal and
				PSD's review and assessment of agency operations. Failure to submit a renewal
				form at least 90 days prior to expiration of a license with the required
				documents attached, shall be interpreted as voluntary closure.
C. Upon request for license renewal, the
				agency shall submit to PSD its proof of professional liability, acceptable to
				PSD, financial review or audit, agency governing board minutes, and agency
				statistics for the current licensing period. If changes have occurred with
				respect to personnel or other operations, the agency shall submit documentation
				reflecting such changes with the renewal request. All required attachments, as
				indicated on the checklist on the PSD renewal form, shall be included with the
				request or the request is not considered valid and PSD shall advise the agency
				of such.
D. If an agency fails to
				file a renew request within 90 calendar days of expiration of the license, the
				license may, at PSD's sole discretion, automatically be terminated 30 days from
				the expiration date shown on the face of the existing license. The agency shall
				assist in the smooth transfer of the children and families to other agencies,
				so that there is no disruption in the care of the children.
E. Before renewing an agency's license, PSD
				shall determine that the agency is in compliance with all applicable
				requirements by conducting an on site visit which shall include interviews,
				case record reviews and visits to the facilities maintained by the agency. PSD
				is not responsible for locating documents when files are not kept organized and
				up to date.
F. PSD shall notify the
				agency in writing of its licensing decision before the expiration date of the
				current license. If CYFD does not renew the license prior to its expiration
				date, a license extension, at PSD's sole discretion, may be issued to the
				agency for a maximum of 90 calendar days. If PSD decides to not renew and
				agency's license, notice of denial is sent by registered mail to the address
				shown on the application prior to the expiration date of the current license.
				The notice states the reasons for the denial and informs the applicant of the
				appeal process. (See 8.26.5.14 NMAC, appeal rights, as described
				below)
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 26 - FOSTER CARE AND ADOPTION › Part 5 - CHILD PLACEMENT AGENCY LICENSING STANDARDS › Section 8.26.5.14 - APPEAL RIGHTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. In
				accordance with the act, PSD may deny, revoke, suspend, place on probation or
				refuse to renew the license of any child placement agency when the requirements
				for licensing are not met or the applicant has a history of license revocation,
				suspension, denial, penalties or other corrective action based upon complaints
				substantiated by a state agency responsible for regulation and licensing or by
				a court of competent jurisdiction in any state where the agency has
				operated.
B. The holder of the
				child placement agency license that is denied, revoked, suspended, placed on
				probation or that is not renewed shall be given written notice by return
				receipt mail of the proposed action and the reason therefore and shall, at a
				date and place to be specified in the notice, be given a hearing before a
				hearing officer appointed by the CYFD secretary with an opportunity to produce
				testimony in the holder's behalf and to be assisted by counsel. The hearing
				shall be held no earlier than 20 days after receipt of notice thereof unless
				the time limitations are waived, or a child safety or health issue is present.
				An agency whose license has been denied, revoked, suspended, placed on
				probation or not renewed may petition PSD to have the license issued,
				reinstated or reissued upon proof that the noncompliance with the rules have
				ceased.
C. An agency adversely
				affected by a PSD decision denying, revoking, suspending, placing on probation
				or refusing to renew a license may obtain a judicial review by appealing to the
				district court pursuant to the provisions of
				39-3-1.1
				NMSA 1978.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 26 - FOSTER CARE AND ADOPTION › Part 5 - CHILD PLACEMENT AGENCY LICENSING STANDARDS › Section 8.26.5.15 - AGENCY OPERATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Agency protocol:
It is the responsibility of each agency to be aware or
				and conform to the following:
(1) New Mexico
				Children's Code, Chapter 32A, NMSA 1978;
(2) New Mexico Adoption Act, 32A-5-1, NMSA
				1978;
(3) Governing Background
				Checks and Employment History Verification, 8.8.3 NMAC;
(4) Adoption Act Regulations, 8.26.3
				NMAC;
(5) Certification
				Requirements for Child and Adolescent Mental Health Services, 7.20.11 NMAC (for
				treatment foster care agencies);
(6) Indian Child Welfare Act of 1978 (ICWA) (
				25 U.S.C
				1901 et seq.);
(7) Adoption and Safe Families Act of 1997
				(ASFA), P.L.
				105-89;
(8) Interstate Compact on the Placement of
				Children (ICPC);
(9) Interstate
				Compact on Adoption and Medical Assistance (ICAMA);
(10) Multi-Ethnic Placement Act of 1994
				(MEPA), as amended by the Interethnic Adoption Provisions of 1996;
(11) Adam Walsh Child Protection and Safety
				Act of 2006;
(12) Safe and Timely
				Interstate Placement of Foster Children Act of 2006;
(13) Fostering Connection for Success and
				Increasing Adoptions Act of 2008; and
(14) Child Abuse Prevention and Treatment Act
				Reauthorization of 2010.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 26 - FOSTER CARE AND ADOPTION › Part 5 - CHILD PLACEMENT AGENCY LICENSING STANDARDS › Section 8.26.5.16 - GOVERNING BOARD

Current through Register Vol. 35, No. 13, July 16, 2024
The agency's governing board is responsible for adopting
				  bylaws and policies and defining the scope of the agency's
				  services.