New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 26 - FOSTER CARE AND ADOPTION › Part 4 - LICENSING REQUIREMENTS FOR FOSTER AND ADOPTIVE HOMES › Section 8.26.4.13 - CHILD ABUSE AND NEGLECT CHECK FOR FOSTER CARE PROVIDER LICENSURE

Current through Register Vol. 35, No. 13, July 16, 2024
A. For families
				applying to be licensed by PSD, staff shall conduct a FACTS search for abuse
				and neglect referrals on the applicant and all adult household members. If the
				applicant or any other adult household member resided in any state(s) other
				than New Mexico in the five years prior to the date of the application, PSD
				shall request each such state search its abuse and neglect information system
				or registry for information on the applicant or other adult household members
				and submit the results of that search to PSD. PSD must receive the results of
				the check or a letter from the other state if they do not have central registry
				prior to the issuing of a license and prior to a child being placed in a home.
				If during any time in the five years prior to the date of application the
				applicant resided in another country, PSD shall attempt to obtain an abuse and
				neglect check from the other country. Efforts to obtain abuse and neglect
				checks in another country shall be documented but inability to obtain abuse and
				neglect checks from another country shall not be a disqualifier for
				licensure.
B. For families seeking
				to become foster care providers through agencies other than PSD, the agency
				shall submit a signed and notarized PSD approved "child abuse and neglect
				check" form to request the CRC unit conduct a FACTS search for abuse and
				neglect referrals on the applicant and each adult living in the applicant's
				home. If the applicant or any other adult household member resided in any
				state(s) other than New Mexico in the five years prior to the date of the
				application, the licensing agency shall request that each such state search its
				abuse and neglect information system or registry for information on the
				applicant or other adult household member and submit the results of that search
				to the requesting agency. CPA's must receive the results of the check or a
				letter from the other state if they do not have central registry prior to the
				issuing of a license and prior to a child being placed in a home.
C. If the applicant or any adult household
				member has been the subject of a substantiated allegation of sexual
				exploitation or sexual abuse of a child, or has been substantiated for child
				abuse that resulted in a child fatality, then the applicant shall not be
				licensed.
D. In the event of a
				substantiated report of child abuse or neglect, other than substantiated sexual
				exploitation, sexual abuse or child abuse resulting in death as listed above,
				involving the applicant or any adult household member, the application is
				assessed on a case-by-case basis to determine if the safety of any child in the
				home can be assured. In addition, applicants who have been referred to PSD for
				investigation of unsubstantiated allegations of child abuse, neglect or
				exploitation may be considered for licensure. The best interest of the child is
				paramount. This information shall be used to determine suitability for
				licensure.
E. The application
				process for any applicant or adult household member with a pending child abuse
				or neglect investigation and no disposition shall be closed. The applicant may
				reapply when the investigation is complete.
F. PSD staff must comply with any request
				described herein in Subsections A and B of 8.26.4.13 NMAC that is received from
				another state.