reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 26 - FOSTER CARE AND ADOPTION › Part 2 - PLACEMENT SERVICES › Section 8.26.2.13 - APPLICATION OF THE REASONABLE AND PRUDENT PARENT STANDARD

Current through Register Vol. 35, No. 13, July 16, 2024
A. PSD shall make efforts to normalize the
				lives of children in PSD's custody and to empower caregivers to approve a
				child's participation in activities, based on the caregiver's own assessment
				using a reasonable and prudent parent standard, without prior approval of
				PSD.
B. Resource families shall not
				require advance permission from PSD to apply the reasonable and prudent parent
				standard to decisions about the care of a child.
C. In applying the reasonable and prudent
				parent standard, the resource parent shall consider the following:
(1) the desires of the child including, but
				not limited to, cultural identity, spiritual identity, gender identity, and
				sexual orientation;
(2) the child's
				age, maturity and developmental level;
(3) potential risk factors and the
				appropriateness of the activity;
(4) the best interests of the child based on
				the resource family's knowledge of the child;
(5) the importance of encouraging the child's
				emotional and developmental growth;
(6) the terms of any court orders and any
				case plan applying to the child;
(7) the values and preferences of the child's
				biological parent or parents, if appropriate;
(8) whether the decision would bring about a
				permanent (e.g. tattoo) rather than a transient change to the child.
(9) the importance of providing the child
				with the most safe and affirming family-like and culturally relevant living
				experience possible;
(10) the legal
				rights and responsibilities of the child, including the youth bill of rights
				and responsibilities;
(11)
				Americans with Disabilities Act.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 26 - FOSTER CARE AND ADOPTION › Part 2 - PLACEMENT SERVICES › Section 8.26.2.14 - HEALTH SERVICES FOR CHILDREN IN FOSTER CARE

Current through Register Vol. 35, No. 13, July 16, 2024
A. The resource parent shall observe the
				child in care's behavior and signs of emotional or physical health problems,
				daily. Any concerns shall be reported to PSD immediately.
B. There shall be a designated licensed
				physician and dentist for each child so that a coordinated plan of care is
				assured. Resource parents shall obtain medical attention for any sick or
				injured child. Resource parents, in their role as an adjunct representative of
				state government, shall not rely solely on spiritual or religious healing for
				children in foster care.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 26 - FOSTER CARE AND ADOPTION › Part 2 - PLACEMENT SERVICES › Section 8.26.2.15 - EDUCATIONAL SERVICES FOR CHILDREN IN FOSTER CARE

Current through Register Vol. 35, No. 13, July 16, 2024
A. Resource parents shall assist PSD in
				meeting the child's educational requirements, and in transporting the child to
				school they attended at the time of placement when necessary and reasonable.
				Resource parents shall ensure the child in foster care attends
				school.
B. Resource parents shall
				actively advocate for the child in foster care's interest in the school
				setting, including seeking evaluations of the child's abilities and placement
				in any special education programs appropriate to the child's needs. Resource
				parents shall attend school conferences and activities when appropriate.
				Resource parents shall report significant educational information to
				PSD.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 26 - FOSTER CARE AND ADOPTION › Part 2 - PLACEMENT SERVICES › Section 8.26.2.16 - FOSTER CARE MAINTENANCE PAYMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Reimbursement: Resource families shall receive reimbursement for the care and
				support of a child in PSD custody placed in their home. Rates are established
				through legislative appropriation based on the age and needs of the
				child.
B. Resource parents
				receiving CYFD foster care and support maintenance payments shall use these
				funds for the care and support of the identified child in their care, and shall
				not be considered a source of income and is not recognized as income when
				filing taxes.
C. PSD shall advise
				resource parents that they should consult a tax advisor to determine if
				children in their home may be considered eligible for a federal tax credit
				under the Internal Revenue Code.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 26 - FOSTER CARE AND ADOPTION › Part 2 - PLACEMENT SERVICES › Section 8.26.2.17 - MONITORING AND SUPPORT

Current through Register Vol. 35, No. 13, July 16, 2024
A. PSD
				monitors resource and adoptive homes licensed by PSD.
B. At a minimum, when a child is placed in
				the home, PSD placement staff shall:
(1) visit
				the resource or adoptive parent in the home within five days of each new
				placement;
(2) conduct a home visit
				to the resource or adoptive parent once a month for the first three months
				following placement;
(3) conduct a
				home visit to the resource or adoptive parent at least every three months, and
				make phone contact at least every 30 days thereafter.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 26 - FOSTER CARE AND ADOPTION › Part 2 - PLACEMENT SERVICES › Section 8.26.2.18 - INVESTIGATIONS OF ABUSE AND NEGLECT REFERRALS AND POLICY VIOLATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Any CYFD
				employee suspecting child abuse or neglect in a resource parent home makes a
				report as set forth in Protective Services Intake policy, 8.10.2 NMAC. PSD
				staff who suspects, has knowledge of, or receives an allegation about a
				resource parent violating CYFD policy or licensing regulations shall
				immediately notify the placement supervisor.
B. Investigations of abuse and neglect
				referrals in resource homes:
(1) PSD shall
				investigate all screened-in reports of allegations of abuse or neglect
				regarding children in accordance with protective services investigation policy
				and procedure.
(2) If a
				screened-out report involves a child in PSD custody, the child's worker shall
				conduct a safety assessment of the placement.
(3) No new placement may be made in the home
				during a pending investigation. Existing placements in the home shall be
				evaluated for safety. The decision as to whether to maintain placement shall
				depend on the continued safety of any child.
(4) Based upon the results of the
				investigation of the abuse or neglect referral, PSD may take one or more of the
				following actions:
(a) continue the placement,
				implementing a professional development and safety plan, if
				appropriate;
(b) terminate the
				placement; or
(c) determine if the
				family shall continue to be licensed as a PSD resource family.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 26 - FOSTER CARE AND ADOPTION › Part 2 - PLACEMENT SERVICES › Section 8.26.2.19 - CRISIS INTERVENTION

Current through Register Vol. 35, No. 13, July 16, 2024
A. PSD
				staff may develop and implement a crisis intervention plan to prevent the
				disruption of a foster or adoptive placement and strengthen the family's
				capacity to care for the child.
B.
				If disruption is unavoidable, PSD staff focuses on minimizing the trauma to the
				child. After a disruption, PSD staff re-assesses the permanency plan for the
				child and child's placement and service needs.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 26 - FOSTER CARE AND ADOPTION › Part 2 - PLACEMENT SERVICES › Section 8.26.2.21 - BEST INTEREST ADOPTION PLACEMENT

Current through Register Vol. 35, No. 13, July 16, 2024
A. When a child's permanency plan becomes
				adoption, the child is referred to a PSD adoption consultant for the purposes
				of identifying a potential adoptive family. If an adoptive family is not
				identified, an individualized adoption plan is developed for the
				child.
B. The best interest of a
				child is paramount in identifying an adoptive family for a child. PSD makes
				reasonable efforts to place siblings together in the same adoptive home, unless
				PSD documents that such a joint placement would be contrary to the safety and
				well-being of any of the children in the sibling group. PSD will not separate
				siblings solely because an adoptive placement is available for one or more
				children, but not the entire group.
C. When a family is identified, placement
				staff will schedule a best interest placement staffing.
D. Children aged 14 years or older must
				consent to the adoption.
E. The
				placement of a child shall not be delayed or denied based on the 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; language; political affiliation; military or veteran status; status
				as a survivor of domestic violence; sexual assault, or stalking; or any other
				non-merit factor of the adoptive parent or child involved.
F. For Native American children, the Indian
				Child Welfare Act (ICWA) adoption preferences shall be followed pursuant to the
				Adoption Act, 32A-5-5 NMSA 1978.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 26 - FOSTER CARE AND ADOPTION › Part 2 - PLACEMENT SERVICES › Section 8.26.2.22 - FULL DISCLOSURE

Current through Register Vol. 35, No. 13, July 16, 2024
A. Prior to
				placement, PSD staff shall provide full disclosure about the child to the
				resource or adoptive family, and continue to provide full disclosure throughout
				the case and after finalization of the adoption, provided the information does
				not reveal information that would identify the biological family. Pursuant to
				the New Mexico Children's Code, Section
				32A-5-3 N NMSA 1978,
				full disclosure information includes:
(1)
				health history;
(2) psychological
				history;
(3) mental
				history;
(4) hospital
				history;
(5) medication
				history;
(6) genetic
				history;
(7) physical
				description;
(8) social
				history;
(9) placement history;
				and
(10) education.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 26 - FOSTER CARE AND ADOPTION › Part 2 - PLACEMENT SERVICES › Section 8.26.2.23 - PRE-PLACEMENT ACTIVITIES FOR NON-CONVERSION ADOPTIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. PSD placement staff in coordination with
				the child's worker shall develop a calendar for the transition of the child to
				the adoptive home, except in the event a resource parent decides to adopt the
				child.
B. PSD staff and the
				adoptive family shall review and sign a placement agreement when the child is
				placed in the home.
C. Placement
				staff becomes responsible for the case form placement in the adoptive home
				until finalization of the adoption.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 26 - FOSTER CARE AND ADOPTION › Part 2 - PLACEMENT SERVICES › Section 8.26.2.24 - FOSTER HOME ADOPTIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. PSD
				shall attempt to place children in foster care with concurrent plans of
				adoption in foster homes which have been identified as concurrent
				families.
B. PSD completes the
				pre-placement home study for resource parents and treatment foster parents who
				have been selected as adoptive parents for children in PSD custody.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 26 - FOSTER CARE AND ADOPTION › Part 2 - PLACEMENT SERVICES › Section 8.26.2.25 - ADOPTION ASSISTANCE

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				purpose of adoption assistance is to support the adoption of a child in foster
				care who meets special-needs criteria by providing financial assistance or
				medical coverage to support families in meeting the needs of the child. PSD
				verifies whether a child has special needs according to the following criteria:
(1) the child cannot or should not be
				returned to the home of the parents;
(2) there is documentation of at least one of
				the following factors or conditions that make it reasonable to conclude that
				the child cannot be placed for adoption without providing adoption assistance:
(a) the child is age five or older,
				or
(b) the child has a diagnosed
				physical, developmental, or psychological or emotional condition requiring
				medical or mental health intervention, or
(c) the child is a member of a minority
				group, or
(d) the child is part of
				a sibling group that will be placed together; and
(3) a reasonable, but unsuccessful, effort
				has been made to place the child without adoption assistance, unless such
				effort would be against the best interests of the child
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 26 - FOSTER CARE AND ADOPTION › Part 2 - PLACEMENT SERVICES › Section 8.26.2.26 - POST PLACEMENT ADOPTION SUPPORT SERVICES

Current through Register Vol. 35, No. 13, July 16, 2024
A.PSD shall provide support services to the
				child and adoptive family. Support services are intended to assist the family
				in adjusting, enhance the family's capacity to care for the child, and
				strengthen the family.
B. PSD shall
				develop a case plan with all families adopting children in PSD
				custody.
C. During this period PSD
				shall provide information to the adoptive family regarding requirements for
				legal finalization of the adoption including the family's selection of an
				attorney, name change of the child, and required consent of the child, if the
				child is over 14 years of age.
D.
				PSD shall assess and document the status of placement until finalization of the
				adoption.
E. If the adoptive family
				and child, with PSD approval, move out of state prior to the finalization, PSD
				shall initiate a referral through the interstate compact on the placement of
				children to request appropriate post placement services and written reports
				from the receiving state. PSD shall retain jurisdiction and responsibility for
				all case activities until finalization.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 26 - FOSTER CARE AND ADOPTION › Part 2 - PLACEMENT SERVICES › Section 8.26.2.27 - ADOPTION FINALIZATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. PSD
				establishes time frames for finalization based on the age and needs of the
				child pursuant to the New Mexico Children's Code, Section 32A-5-25 A NMSA 1978
				and the time frames for court approval of finalization pursuant to 32A-5-36
				F(6) NMSA 1978.
B. The family may
				file the adoption petition according to their state of residence or in New
				Mexico.
C. Placement staff compiles
				and submits post placement reports to the court for all PSD children and
				children placed for adoption in New Mexico through the interstate compact for
				the placement of children.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 26 - FOSTER CARE AND ADOPTION › Part 2 - PLACEMENT SERVICES › Section 8.26.2.28 - POST DECREE SUPPORT SERVICES

Current through Register Vol. 35, No. 13, July 16, 2024
A.Upon
				finalization, PSD shall provide information regarding resources to support the
				family in their community. Placement staff may provide direct support services
				or make referrals to community service providers in order to support,
				strengthen, and enhance the family's capacity to care for the child to prevent
				disruption or dissolution.
B.PSD
				shall respond to adult adoptee requests for information pursuant to the New
				Mexico Children's Code, Section 32A-5-40 E NMSA 1978.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 26 - FOSTER CARE AND ADOPTION › Part 3 - ADOPTION ACT REGULATIONS › Section 8.26.3.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
Any person wishing to adopt a child, any adoptee and any
				  person and/or agency party to an adoption in New Mexico.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 26 - FOSTER CARE AND ADOPTION › Part 3 - ADOPTION ACT REGULATIONS › Section 8.26.3.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
The Adoption Act (hereafter Act): Section 32A-5-1 NMSA 1978
				  et seq. (Repl. Pamp. 1997).
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 26 - FOSTER CARE AND ADOPTION › Part 3 - ADOPTION ACT REGULATIONS › Section 8.26.3.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
January 1, 1998 [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 3 - ADOPTION ACT REGULATIONS › Section 8.26.3.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The purpose of these regulations is to supplement the act,
				  and they shall be used in conjunction and consistent with the
				  act.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 26 - FOSTER CARE AND ADOPTION › Part 3 - ADOPTION ACT REGULATIONS › Section 8.26.3.8 - RULES OF CONSTRUCTION

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				definitions in the act shall apply to the regulations.
B. References to the act: The Adoption Act
				Regulations (hereafter Regulations) shall reference the section of the act for
				which they are promulgated. Hereafter, all references to the act shall only
				reference the section in place of the full citation.
C. Format of the regulations: The format of
				the regulations follows the act. Additionally, the following special areas of
				adoption are included as Section 44 through 47 [now 8.26.3.44 NMAC through
				8.26.3.47 NMAC] respectively:
(1) adoption of
				an Indian child;
(2) interstate
				compact on the placement of children;
(3) adoption of a foreign born child;
				and
(4) reproductive
				alternatives.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 26 - FOSTER CARE AND ADOPTION › Part 3 - ADOPTION ACT REGULATIONS › Section 8.26.3.9 - TYPES OF ADOPTION

Current through Register Vol. 35, No. 13, July 16, 2024
A. There
				are three types of adoption in New Mexico: department adoptions, agency
				adoptions, and independent adoptions.
B. Different provisions of the act and
				regulations apply depending on the type of adoption.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 26 - FOSTER CARE AND ADOPTION › Part 3 - ADOPTION ACT REGULATIONS › Section 8.26.3.10 - APPLICATION OF THE ICWA

Current through Register Vol. 35, No. 13, July 16, 2024
See Sections 32A-1-8, 32A-5-4, 32A-5-5 NMSA 1978 and Section
				  44 [now
				  8.26.3.44
				  NMAC] of these regulations.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 26 - FOSTER CARE AND ADOPTION › Part 3 - ADOPTION ACT REGULATIONS › Section 8.26.3.11 - SERVICE ON THE DEPARTMENT

Current through Register Vol. 35, No. 13, July 16, 2024
A. See
				Sections 32A-5-6(D) and 32A-5-7(B), (C) and (D) NMSA 1978.
B. The attorney for the petitioner shall
				provide to the clerk of the court a copy of the request for placement, petition
				for adoption, and decree of adoption at the time of filing of each pleading for
				service on the department by the clerk of the court. The attorney for
				petitioner shall also provide to the clerk of the court a stamped envelope
				addressed to the department as follows: Children, Youth and Families
				Department, Protective Services Division, Central Adoptions Unit, P.O. Drawer
				5160, Santa Fe, NM 87502-5160.
C.
				The clerk of the court shall mail to the department a copy of the request for
				placement, petition for adoption and decree of adoption within one working day
				of the filing of each pleading.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 26 - FOSTER CARE AND ADOPTION › Part 3 - ADOPTION ACT REGULATIONS › Section 8.26.3.12 - CONFIDENTIALITY OF RECORDS PRIOR TO ENTRY OF DECREE

Current through Register Vol. 35, No. 13, July 16, 2024
A. See Section 32A-5-8 NMSA 1978.
B. ICWA intervenors:
(1) Access to confidential records: All ICWA
				intervenors shall have access to the confidential records in the adoption of an
				Indian child.
(2) Confidentiality:
				All ICWA intervenors shall comply with the confidentiality requirements of
				Section 32A-5-8 NMSA 1978.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 26 - FOSTER CARE AND ADOPTION › Part 3 - ADOPTION ACT REGULATIONS › Section 8.26.3.13 - CASE CAPTION IN ALL ADOPTION PROCEEDINGS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Form of caption: See Section 32A-5-9 NMSA
				1978.
B. Clerk of the court: The
				clerk of the court shall refuse to file an adoption pleading which is
				improperly captioned. See Section 32A-5-7(A) NMSA 1978.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 26 - FOSTER CARE AND ADOPTION › Part 3 - ADOPTION ACT REGULATIONS › Section 8.26.3.15 - WHO MAY BE ADOPTED; WHO MAY ADOPT

Current through Register Vol. 35, No. 13, July 16, 2024
A. See Section 32A-5-11 NMSA 1978.
B. Any child may be adopted.
C. A petition for adoption may be filed in
				New Mexico by any adult who meets one of the following criteria:
(1) Resident: The petitioner is a resident as
				defined in the act in Section 32A-5-3(S) NMSA 1978; or
(2) Non-resident: The petitioner may be a
				non-resident only if the child was placed by the department or a New Mexico
				licensed child placement agency and the adoptee is a resident of New Mexico or
				was born in New Mexico, but is less than six months of age.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 26 - FOSTER CARE AND ADOPTION › Part 3 - ADOPTION ACT REGULATIONS › Section 8.26.3.16 - PLACEMENT FOR ADOPTION

Current through Register Vol. 35, No. 13, July 16, 2024
A. See
				Section 32A-5-12 NMSA 1978.
B.
				Indian child: If the adoptee is an Indian child, also see Section 44.7 [now
				Subsection G of 8.26.3.44 NMAC] of these regulations.
C. Placement required prior to filing
				petition for adoption: Placement for adoption is required in all adoptions
				prior to the filing of the petition for adoption. See Section 32A-5-12 NMSA
				1978.
D. Exceptions to placement in
				independent adoptions: Placement is not required in independent adoptions if
				the following circumstances exist:
(1)
				Stepparent exception: A stepparent shall comply with all of the provisions of
				the Act except as provided in Sections 32A-5-12 and 32A-5-32 NMSA 1978. See
				Section 33 [now 8.26.3.33 NMAC].
(2) Relative or person named in deceased
				parent's will exceptions: If the adoptee has resided for one year prior to the
				filing of the petition for adoption with a petitioner who is a relative of the
				adoptee within the fifth degree of consanguinity as defined by Section
				32A-5-12C (2) NMSA 1978, or is a petitioner who was named in the adoptee's
				deceased parent's will, the petitioner shall comply with all the provisions of
				the act except as follows:
(a) placement
				including a pre-placement study unless ordered by the court;
(b) post-placement report unless ordered by
				the court; and
(c) the court may
				shorten or waive the ninety day waiting period from the filing of the petition
				for adoption and the entry of the decree of adoption required in Section
				32A-5-36(F)(6) NMSA 1978.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 26 - FOSTER CARE AND ADOPTION › Part 3 - ADOPTION ACT REGULATIONS › Section 8.26.3.17 - INDEPENDENT ADOPTIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. See
				Section 32A-5-13 NMSA 1978.
B.
				Placement shall not occur prior to the petitioner obtaining a placement order
				from the court.
C. Procedure to
				obtain placement order:
(1) A request for
				placement shall be filed thirty (30) days prior to placement.
(2) The request for placement shall be served
				on the same persons upon whom the petition for adoption is served and in the
				same manner. See Sections 32A-5-7(B) and 32A-5-27 NMSA 1978.
(3) A pre-placement study shall be filed
				prior to a hearing on the request for placement.
(4) A hearing and the court decision on the
				request for placement shall occur within thirty days of the filing of the
				request for placement. For good cause shown, the court may shorten the time to
				twenty days and in the event of exigent circumstances, including premature
				birth, the court may shorten the time to five days. See Section 32A5-13H NMSA
				1978.
(5) In addition to the
				findings on the request for placement, the placement order shall include a
				finding that the pre-placement study complies with Section 32A-5-14 NMSA 1978
				and Section 18 [now 8.26.3.18 NMAC].
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 26 - FOSTER CARE AND ADOPTION › Part 3 - ADOPTION ACT REGULATIONS › Section 8.26.3.18 - PRE-PLACEMENT STUDY

Current through Register Vol. 35, No. 13, July 16, 2024
A. See Section
				32A-5-14 NMSA 1978.
B. In addition
				to the requirements of Section 32A-5-14 NMSA 1978, the pre-placement study
				shall include the following:
(1) log of
				contacts made designating the nature of the contact (e.g., telephone, office
				visit, etc.) and duration of each significant contact;
(2) general impression of the
				family;
(3) motivation to
				adopt;
(4) exploration of ethnic
				considerations including social and cultural issues;
(5) if the adoptee is an Indian child, a
				statement of compliance with the ICWA placement preferences pursuant to Section
				32A-5-5 NMSA 1978 and Section 44.7 [now Subsection G of 8.26.3.44 NMAC] of
				these regulations, or efforts made to comply with same;
(6) family background assessment;
(7) courtship and marriage;
(8) other significant interpersonal
				relationships;
(9) children in the
				home;
(10) assessment of parenting
				skills, knowledge and experience;
(11) family's ability to cope with
				crises;
(12) caring for a special
				needs child, if applicable;
(13)
				financial issues and status;
(14)
				physical and social home environment and neighborhood environment;
(15) religious philosophy and
				practices;
(16) health issues that
				may impact the family's ability to care for an adoptee;
(17) an evaluation of the family in relation
				to the type of child desired or to be placed;
(18) a statement of the status of the
				criminal records check; and
(19) a
				recommendation by the preparer of the pre-placement study including the reasons
				for approval or denial of the adoptive family.
(20) the preplacement study shall be signed
				and dated by the investigator. In department or agency adoptions, the
				investigator's supervisor shall also sign the pre-placement study if the
				investigator does not have a master's degree.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 26 - FOSTER CARE AND ADOPTION › Part 3 - ADOPTION ACT REGULATIONS › Section 8.26.3.19 - TERMINATION OF PARENTAL RIGHTS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				See Sections 32A-5-15 and 32A-5-16 NMSA 1978.
B. Initiation of termination of parental
				rights action: A termination of parental rights (hereafter TPR) action may be
				initiated by:
(1) a separate action prior to
				the filing of the petition for adoption;
(2) simultaneously with the petition for
				adoption; or
(3) subsequent to the
				filing of the petition for adoption by motion in the adoption
				proceeding.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 26 - FOSTER CARE AND ADOPTION › Part 3 - ADOPTION ACT REGULATIONS › Section 8.26.3.20 - PERSONS WHOSE CONSENTS OR RELINQUISHMENTS ARE REQUIRED

Current through Register Vol. 35, No. 13, July 16, 2024
A. See Section 32A-5-17.
B. An adoptee's consent is required if the
				adoptee has reached the age of ten years of age or older.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 26 - FOSTER CARE AND ADOPTION › Part 3 - ADOPTION ACT REGULATIONS › Section 8.26.3.21 - IMPLIED CONSENT OR RELINQUISHMENT

Current through Register Vol. 35, No. 13, July 16, 2024
A. See Section 32A-5-18 NMSA 1978.
B. Manner of service of notice of hearing for
				implied consent or relinquishment:
(1)
				Notice: The notice of hearing required for the court to imply a consent or
				relinquishment pursuant to Section 32A-5-18(B) NMSA 1978 may be served with the
				petition for adoption or anytime thereafter pursuant to the Rules of Civil
				Procedure for the district courts. Consent or relinquishment shall not be
				implied unless the notice of hearing is first served on the parent.
(2) Maintenance of confidentiality:
				Confidentiality may be preserved by using only first initials to identify the
				petitioner.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 26 - FOSTER CARE AND ADOPTION › Part 3 - ADOPTION ACT REGULATIONS › Section 8.26.3.22 - PERSONS WHOSE CONSENTS OR RELINQUISHMENTS ARE NOT REQUIRED

Current through Register Vol. 35, No. 13, July 16, 2024
A. See Section
				32A-5-19 NMSA 1978 NMSA 1978.
B.
				Notice of the petition for adoption shall not be served on any person whose
				consent or relinquishment is
not
required pursuant to Section
				32A-5-19 NMSA 1978.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 26 - FOSTER CARE AND ADOPTION › Part 3 - ADOPTION ACT REGULATIONS › Section 8.26.3.23 - PUTATIVE FATHER REGISTRY

Current through Register Vol. 35, No. 13, July 16, 2024
A. See
				Section 32A-5-20 NMSA 1978.
B.
				Father's identity unknown: If the mother alleges that the identity of the
				father is unknown, the department, agency, investigator or the petitioner's
				attorney shall obtain an affidavit signed by the mother stating the
				circumstances which caused the lack of knowledge of the father's
				identity.
C. Father registration:
				Any person who desires to register with the putative father registry may
				contact the department of health (hereafter DOH) as follows: Department of
				Health, Bureau of Vital Records and Health Statistics, P.O. Box 26110, Santa
				Fe, New Mexico 87502. DOH may promulgate regulations and forms at any time. If
				regulations and forms have been promulgated by DOH, the applicant shall comply
				with such regulations and forms. If DOH has not promulgated a father
				registration form, the sample father registry form is available through the
				local department office.
D.
				Registry inquiry: If DOH has not issued a form for inquiry as to whether a
				putative father has registered, the sample putative father registry Inquiry
				form is available through the local department office and may be used to
				request information from DOH.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 26 - FOSTER CARE AND ADOPTION › Part 3 - ADOPTION ACT REGULATIONS › Section 8.26.3.24 - FORM OF CONSENT OR RELINQUISHMENT

Current through Register Vol. 35, No. 13, July 16, 2024
A. See Section 32A-5-21 NMSA 1978.
B. Parent's consent or relinquishment: A
				consent or relinquishment form executed by a parent shall be in compliance with
				Section 32A-5-21(A) NMSA 1978. This form is available through the local
				department office.
C. Adoptee's
				consent: An adoptee who has reached the age of ten years of age or older shall
				consent to the adoption. The adoptee's consent shall be in compliance with
				Section 32A-5-21(B) NMSA 1978and Section 26.2 [now Subsection B of 8.26.3.26
				NMAC]. This form is available through the local department office.
D. Department or agency consent: A consent to
				adoption by the department or an agency shall be in compliance with Section
				32A-5-21(E) NMSA 1978.
E. Indian
				child: If an adoptee is an Indian child, also see Section 44 [now 8.26.3.44
				NMAC] of these regulations.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 26 - FOSTER CARE AND ADOPTION › Part 3 - ADOPTION ACT REGULATIONS › Section 8.26.3.25 - COUNSELING

Current through Register Vol. 35, No. 13, July 16, 2024
A. See Section
				32A-5-22 NMSA 1978.
B. Who shall
				provide counseling:
(1) Department adoption:
				A department employee designated by the department to provide counseling shall
				provide adoptive counseling. The designated counselor or the person designated
				to supervise the counseling shall:
(a) hold a
				master's of social work degree from a school of social work accredited by the
				council of social work education and be licensed by the New Mexico board of
				social work examiners or hold a master's degree from an accredited
				degree-granting institution in sociology, psychology, guidance and counseling
				or counseling or be licensed as a licensed professional clinical counselor
				(L.P.C.C.) by the counseling and therapy practice board; and
(b) have two years paid, full-time experience
				in family evaluation and child development and behavior.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 26 - FOSTER CARE AND ADOPTION › Part 3 - ADOPTION ACT REGULATIONS › Section 8.26.3.26 - PERSONS WHO MAY TAKE CONSENTS OR RELINQUISHMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. See Section 32A-5-23 NMSA 1978.
B. Adoptee consents: In department adoptions,
				the adoptee's consent shall be executed before an employee appointed by the
				department to take an adoptee's consent.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 26 - FOSTER CARE AND ADOPTION › Part 3 - ADOPTION ACT REGULATIONS › Section 8.26.3.27 - RELINQUISHMENTS TO DEPARTMENT

Current through Register Vol. 35, No. 13, July 16, 2024
See Section 32A-5-24 NMSA 1978 and Section 34.2 [now
				  Subsection B of
				  8.26.3.34
				  NMAC].
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 26 - FOSTER CARE AND ADOPTION › Part 3 - ADOPTION ACT REGULATIONS › Section 8.26.3.28 - PETITION FOR ADOPTION

Current through Register Vol. 35, No. 13, July 16, 2024
A. Time of
				filing: See Section 32A-5-25 NMSA 1978.
B. Petition content: See Section 32A-5-26
				NMSA 1978.
C. Notice of petition:
				See Section 32A-5-27 NMSA 1978. Failure to properly comply with notice
				requirements may result in an invalid adoption decree.
D. Indian child: If the adoptee is an Indian
				child, see Section 44 [now 8.26.3.44 NMAC].
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 26 - FOSTER CARE AND ADOPTION › Part 3 - ADOPTION ACT REGULATIONS › Section 8.26.3.31 - REMOVAL OF ADOPTEE FROM THE COUNTY

Current through Register Vol. 35, No. 13, July 16, 2024
A. See Section 32A-5-30 NMSA 1978.
B. When the petitioner resides in a county in
				New Mexico other than the county in which the petition for adoption is filed,
				or in a state other than New Mexico, or if the adoptee will be absent from the
				county in which the petition for adoption is pending for more than fifteen
				days, a court order must be obtained recognizing such out of state residence
				and/or permitting absence from the county in which the petition for adoption is
				filed.
C. A sample motion for an
				order of residence and a sample order of residence are available through the
				local department office.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 26 - FOSTER CARE AND ADOPTION › Part 3 - ADOPTION ACT REGULATIONS › Section 8.26.3.32 - POST-PLACEMENT SERVICES AND THE POST-PLACEMENT REPORT

Current through Register Vol. 35, No. 13, July 16, 2024
A. See Section 32A-5-31 NMSA 1978.
B. Post-placement services:
(1) Appropriate post-placement services shall
				be provided to the adoptee and the prospective adoptive family from the time of
				the child's placement until the post-placement report is filed.
(2) At a minimum, the following services
				shall be provided:
(a) contact shall be made
				with the prospective adoptive family personally or by telephone within
				forty-eight hours after placement;
(b) a home visit shall be made within three
				working days of placement; and
(c)
				additional visits shall be made every other month thereafter until the
				post-placement report is filed.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 26 - FOSTER CARE AND ADOPTION › Part 3 - ADOPTION ACT REGULATIONS › Section 8.26.3.33 - STEPPARENT ADOPTIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. See
				Section 32A-5-32 NMSA 1978.
B. Who
				shall file a petition in a stepparent adoption: The stepparent with whom the
				adoptee has resided for at least one year since the stepparent's marriage to
				the adoptee's custodial parent.
C.
				Stepparent adoption exceptions: The stepparent shall comply with the provisions
				of the act, except as follows:
(1)
				placement;
(2) pre-placement study
				or post-placement report unless ordered by the court; and
(3) report of fees and charges to the court
				unless ordered by the court.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 26 - FOSTER CARE AND ADOPTION › Part 3 - ADOPTION ACT REGULATIONS › Section 8.26.3.34 - APPOINTMENT OF GUARDIAN AD LITEM FOR ADOPTEE

Current through Register Vol. 35, No. 13, July 16, 2024
A. See Sections 32A-5-24, 32A-5-33 and
				32A-5-35 NMSA 1978.
B. Mandatory
				appointment of guardian ad litem: A guardian ad litem shall be appointed for an
				adoptee when:
(1) an adoptee is being
				relinquished to the department and the relinquishment is not being taken in an
				abuse and neglect proceeding or in contemplation of an adoption;
(2) the adoption is contested; or
(3) it is an open adoption and it is
				contemplated that there will be visitation between the biological family and
				the adoptee.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 26 - FOSTER CARE AND ADOPTION › Part 3 - ADOPTION ACT REGULATIONS › Section 8.26.3.35 - FEES AND CHARGES

Current through Register Vol. 35, No. 13, July 16, 2024
A. See Section
				32A-5-34 NMSA 1978.
B. Reproductive
				alternatives: See Section 47 [now 8.26.3.47 NMAC]. A biological mother who is
				impregnated by in vitro fertilization or artificial insemination may be paid
				expenses of the pregnancy as provided in Section 32A-5-34.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 26 - FOSTER CARE AND ADOPTION › Part 3 - ADOPTION ACT REGULATIONS › Section 8.26.3.36 - OPEN ADOPTIONS

Current through Register Vol. 35, No. 13, July 16, 2024
See Section 32A-5-35 NMSA 1978 and Section 34.2 c [now
				  Paragraph (3) of Subsection B of
				  8.26.3.34
				  NMAC] of these regulations.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 26 - FOSTER CARE AND ADOPTION › Part 3 - ADOPTION ACT REGULATIONS › Section 8.26.3.37 - ADJUDICATION; DISPOSITION; DECREE OF ADOPTION

Current through Register Vol. 35, No. 13, July 16, 2024
A. Generally: See Section 32A-5-36 NMSA
				1978.
B. Indian child: If the
				adoptee is an Indian child, also see Section 44 [now 8.26.3.44 NMAC] of these
				regulations.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 26 - FOSTER CARE AND ADOPTION › Part 3 - ADOPTION ACT REGULATIONS › Section 8.26.3.38 - STATUS OF ADOPTEE AND PETITIONER UPON ENTRY OF DECREE OF ADOPTION

Current through Register Vol. 35, No. 13, July 16, 2024
See Section 32A-5-37 NMSA 1978.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 26 - FOSTER CARE AND ADOPTION › Part 3 - ADOPTION ACT REGULATIONS › Section 8.26.3.39 - BIRTH CERTIFICATES

Current through Register Vol. 35, No. 13, July 16, 2024
See Sections 32A-5-7(F) and 32A-5-38 NMSA
				  1978.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 26 - FOSTER CARE AND ADOPTION › Part 3 - ADOPTION ACT REGULATIONS › Section 8.26.3.40 - RECOGNITION OF FOREIGN DECREES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				See Section 32A-5-39 and NMSA 1978, Section
				39-4A-2
				NMSA 1978.
B. Full faith and
				credit: The judgments of other states or of a tribal court of an Indian nation,
				tribe or pueblo terminating parental rights or establishing the relationship of
				parent and child by adoption shall be recognized by filing a certified copy of
				such judgment with the court clerk and taking such additional action as may be
				required by applicable law and court rules.
C. Comity: Decrees of foreign countries
				terminating parental rights or establishing the relationship of parent and
				child by adoption shall be recognized and enforced in accordance with
				applicable laws and rules of court.
(1) A
				petition for recognition of such decree shall be filed with the
				court.
(2) Authentication shall be
				established by attaching a certified copy of such decree to the petition for
				recognition or by providing the court with other evidence of authentication
				satisfactory to the court.
(3)
				Recognition of a foreign decree does not waive any requirements that may be
				imposed by the immigration and naturalization service (hereafter INS) for the
				adoptee to remain in the U.S.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 26 - FOSTER CARE AND ADOPTION › Part 3 - ADOPTION ACT REGULATIONS › Section 8.26.3.43 - SUBSIDIZED ADOPTIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. See
				Section 32A-5-43 through 32A-5-45 NMSA 1978.
B. Purpose: Adoption subsidy is a program to
				assist families adopting a special needs child after they have exhausted the
				resources of private insurance, medicaid and other applicable assistance
				payments. All adoption subsidy ceases upon the child's eighteenth
				birthday.
C. Types of subsidy:
(1) Federal IV-E subsidy: An adoptee in the
				department's or an agency's custody may be eligible for federal IV-E subsidy
				pursuant to the Adoption Assistance and Child Welfare Act of 1980,
				42
				U.S.C. 670 et seq.
(2) State subsidy: A state-funded subsidy is
				only available for a special needs child in the department's custody when the
				adoptee is not eligible for federal IV-E subsidy and the adoptive family's
				financial circumstances meet the department's "means" test.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 26 - FOSTER CARE AND ADOPTION › Part 3 - ADOPTION ACT REGULATIONS › Section 8.26.3.44 - ADOPTION OF AN INDIAN CHILD

Current through Register Vol. 35, No. 13, July 16, 2024
A. See
				Sections 32A-5-4 and 32A-5-5 NMSA 1978.
B. In addition to other applicable
				requirements of the Act and regulations, the following provisions shall apply
				to the adoption of an Indian child subject to the ICWA as defined in Section
				7.10 [see compiler's note].
C.
				Purpose: The purpose of this regulation is to promote the public policy of
				enforcing compliance with the ICWA in the state of New Mexico and protecting
				the integrity of tribal communities.
D. Procedure for verification of a child's
				Indian status: If the petitioner, petitioner's attorney, the biological
				parent's attorney, the department, the investigator or agency charged with
				investigating an adoption has any reason to believe the child to be adopted may
				be a child subject to the ICWA, it shall be the responsibility of such person
				to verify the adoptee's Indian status and to notify the court in which the
				adoption proceeding is pending of the adoptee's Indian status. Verification of
				a child's Indian status shall include at a minimum:
(1) interviews with persons or agencies who
				may have information about the child's family background;
(2) written inquiry and notice to any and all
				tribes with which the child may be affiliated or eligible for enrollment as a
				member. Such inquiry shall include all available information from which a tribe
				may reasonably be able to determine the child's tribal affiliation or
				eligibility for enrollment as a member, and notice of the pending adoption
				proceeding, provided, however, that notification to a tribe or tribal agency
				shall be consistent with the provisions of the ICWA concerning the desire of a
				parent for anonymity; and
(3) if it
				is not possible to identify the Indian child's tribe, the petitioner shall
				contact the BIA for assistance at the Albuquerque Area Office, P.O. Box 26567,
				Albuquerque, New Mexico 87125-6567.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 26 - FOSTER CARE AND ADOPTION › Part 3 - ADOPTION ACT REGULATIONS › Section 8.26.3.45 - INTERSTATE COMPACT ON THE PLACEMENT OF CHILDREN

Current through Register Vol. 35, No. 13, July 16, 2024
A. See NMSA 1978, Sections 32A-11-1 et seq.
				NMSA 1978.
B. Compliance mandatory:
				The interstate compact on the placement of children (hereafter ICPC) has been
				enacted by the state of New Mexico and therefore compliance with the ICPC is
				required in all interstate adoptive placements from or to New Mexico.
C. Enforcement: The ICPC is a binding
				reciprocal agreement among all of the states and territories of the United
				States and has the force and effect of statutory law in each party state or
				territory. Failure to comply may result in intervention by the department or in
				an interstate adoption being denied or found invalid.
D. Who must comply with the ICPC: Any person
				placing, or causing to be placed, a child for adoption in New Mexico, or
				placing, or causing to be placed, a child for adoption from New Mexico to
				another state or territory, shall comply with the ICPC. The person sending the
				child is designated as the "sending agency" and the person receiving the child
				is designated as the "receiving agency."
(1)
				Independent adoptions: The parent placing the adoptee is the sending agency in
				all independent adoption regardless of the manner of termination of parental
				rights or the creation of a guardianship, or other legal custody proceeding, in
				the sending state. The prospective adoptive parents are the receiving
				agency.
(2) Department adoptions:
				If the sending agency is the state child welfare agency for the sending state,
				the receiving agency shall be the state child welfare agency or a private
				agency licensed to place a child for adoption in the receiving state.
(3) Agency adoptions: If the sending agency
				is a private agency licensed to place a child for adoption in the sending
				state, the receiving agency shall be the state child welfare agency or a
				private agency licensed to place a child for adoption in the receiving state.
				Any and all agency services provided in an ICPC adoption proceeding shall be
				conducted by employees of the agency. ICPC adoptive services shall not be
				provided by an investigator or a counselor as defined in Sections 7.3 and 7.15
				[see compiler's note].
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 26 - FOSTER CARE AND ADOPTION › Part 3 - ADOPTION ACT REGULATIONS › Section 8.26.3.46 - ADOPTION OF A FOREIGN BORN CHILD

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				A foreign born child may be adopted in New Mexico:
(1) Such adoption does not entitle the
				adoptee to citizenship in the United States.
(2) The foreign born adoptee shall comply
				with all Integration [
sic
] and Naturalization Services (INS)
				requirements and may not be entitled to remain in the U.S. in spite of the
				adoption if INS requirements are not satisfied.
(3) If INS does not recognize a foreign
				adoption decree, a petition for adoption shall be filed in New Mexico and all
				of the requirements of the act and these regulations shall be satisfied unless
				express exceptions to the act are provided in the regulations.