reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 26 - FOSTER CARE AND ADOPTION › Part 5 - CHILD PLACEMENT AGENCY LICENSING STANDARDS › Section 8.26.5.17 - FULL DISCLOSURE

Current through Register Vol. 35, No. 13, July 16, 2024
A. Prior
				to placement, the agency shall provide full disclosure about the child to the
				foster family, adoptive family and the child's PSD worker, 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 Adoption Act, 32A-5-3 (N) NMSA
				1978, full disclosure includes:
(1) health
				history;
(2) psychological
				history;
(3) mental
				history;
(4) hospital
				history;
(5) medication
				history;
(6) genetic
				history;
(7) physical
				descriptions;
(8) social
				history;
(9) placement history;
				and
(10) education.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 26 - FOSTER CARE AND ADOPTION › Part 5 - CHILD PLACEMENT AGENCY LICENSING STANDARDS › Section 8.26.5.18 - AGENCY POLICIES AND PROCEDURES

Current through Register Vol. 35, No. 13, July 16, 2024
The agency shall develop and maintain written policies and
				  procedures concerning the licensing of foster and adoptive families and shall
				  provide PSD with a copy of these policies and procedures and with any changes
				  to these policies and procedures within 10 days of the change. Agency policies
				  and procedures shall not conflict with any part of these licensing standards.
				  Violations of this subsection may result in the suspension or revocation of the
				  agency's license. Policies and procedures shall address, but are not limited
				  to:
A.
Protection of
				children:
Agency policies and procedures shall acknowledge the agency's
				responsibility to protect the safety of children. Specifically, policies and
				procedures shall:
(1) require that agency
				staff (pursuant to the New Mexico Children's Code, 32A-4-1 et. seq. NMSA 1978)
				and all licensed families report all suspected incidents of abuse and neglect
				involving children in the agency's care and advise the child's legal guardian
				when such a report is made;
(2)
				address the safety of children who may be harmed while in the care and control
				of the agency or its providers and include a plan stating the course of action
				followed in the event a child is harmed, without regard to how the incident
				occurred, and identifying the line of authority and the decision-making process
				to assist in the reporting and investigation of these matters;
(3) educate prospective and current foster or
				adoptive families on how to create a safe and supportive home environment for
				youth in foster care regardless of their sexual orientation, gender identity or
				gender expression.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 26 - FOSTER CARE AND ADOPTION › Part 5 - CHILD PLACEMENT AGENCY LICENSING STANDARDS › Section 8.26.5.19 - FISCAL ACCOUNTABILITY

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Financial statement availability:
An agency shall maintain
				complete financial records. A copy of an agency's financial statements, which
				demonstrates the financial condition of the agency, shall be submitted to PSD
				with the agency's license renewal request.
B.
Donations and charitable
				contributions:
An agency shall maintain complete records of any
				donations of money or property received by the agency. The records shall
				include representations made by the agency or donor regarding how donations
				will be used and document how the funds will be spent according to the stated
				purposes. The agency also shall document unsolicited donations and how the
				donations are utilized or spent.
C.
Independent accountability:
The agency shall have an annual
				financial audit conducted by an independent certified public accountant. Such
				records are submitted to PSD with the agency's license renewal
				request.
D.
Audit:
PSD may conduct an unannounced audit of any agency, as deemed necessary. Such
				an audit may be conducted or contracted by PSD. The agency fully cooperates
				with PSD.
E.
Liability
				insurance:
The agency shall provide proof of professional liability
				insurance acceptable to PSD.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 26 - FOSTER CARE AND ADOPTION › Part 5 - CHILD PLACEMENT AGENCY LICENSING STANDARDS › Section 8.26.5.20 - PERSONNEL POLICIES AND PROCEDURES

Current through Register Vol. 35, No. 13, July 16, 2024
A. The agency shall develop and maintain
				written personnel policy and procedures governing employees and volunteer
				contractors.
B. A copy of the
				agency's personnel policy shall be provided to each employee at the time of
				employment.
C. The personnel policy
				and procedure, at a minimum, shall contain the following information:
(1) job descriptions which outline the duties
				and responsibilities of all staff;
(2) job qualifications for all
				positions;
(3) job benefits, work
				hours, and leave polices for each position;
(4) policy regarding conflicts of
				interest;
(5) policy regarding the
				confidentiality of case records and client identifying information, including
				the requirement for a signed acknowledgement of confidentiality by each
				employee, contractor, or volunteer, as described herein at Paragraph (10) of
				Subsection A and Paragraph (9) of Subsection B of 8.26.5.22 NMAC;
(6) requirements for FACTS abuse and neglect
				checks and criminal records checks for all direct service staff (i.e., agency
				personnel who work in direct, unsupervised contact with clients or have
				physical proximity to clients such that physical contact could occur, see
				definitions herein at Subsections H and M of 8.26.5.7 NMAC); when a criminal
				records check is not required for a specific employee, policy shall require
				that the reason for not requiring the criminal records check be documented in
				writing;
(7) the organizational
				structure, demonstrating sufficient ratios of personnel, consultants, providers
				or contracted personnel, with the appropriate qualifications and availability,
				to enable it to provide all elements of the required service, including
				clerical services necessary to maintain correspondence, records, bookkeeping,
				and files current and in an organized order; and
(8) the ratio of full time placement
				supervisors to placement workers supervised shall be a maximum of
				1:7.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 26 - FOSTER CARE AND ADOPTION › Part 5 - CHILD PLACEMENT AGENCY LICENSING STANDARDS › Section 8.26.5.21 - PERSONNEL QUALIFICATIONS AND REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
Treatment foster care agencies shall comply with Treatment
				  Foster Care Services, Certification Requirements for Child and Adolescent
				  Mental Health Services,
				  7.20.11.29
				  NMAC. In addition, child placement agencies must ensure compliance with the
				  following requirements.
A.
Minimum staff:
The staff of an agency shall include, at a minimum, a
				program director and a supervisor, and may include treatment coordinators. The
				program director may also fulfill the role of supervisor and treatment
				coordinator, provided the person meets the minimum qualifications for the
				higher position.
(1) State program director:
				The program director and agency shall work in its New Mexico office and shall
				be able to demonstrate through documentation, knowledge of child welfare
				services and the circumstances which children and families experience in the
				substitute care or adoptive process. The minimum acceptable requirements of the
				program director of an agency are:
(a) a
				graduate degree from an accredited college or university program in one of the
				following fields: social work, clinical psychology, family studies, marriage
				and family therapy, guidance and counseling or another human services related
				field; and
(b) a minimum of two
				years experience providing social services in a licensed child placement agency
				or a state child placement agency with at least one year of supervisory
				experience.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 26 - FOSTER CARE AND ADOPTION › Part 5 - CHILD PLACEMENT AGENCY LICENSING STANDARDS › Section 8.26.5.22 - PERSONNEL, CONTRACTOR AND VOLUNTEER FILES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Employee personnel file:
The
				agency shall maintain a personnel file for all employees of the agency which
				shall be available to PSD for inspection. Each file shall include, at a
				minimum:
(1) application: the employee's
				employment application showing qualifications and experience;
(2) reference: the agency shall obtain at
				least three professional and character references for each potential employee
				prior to his or her employment;
(3)
				academic transcripts: the official academic transcripts;
(4) disciplinary actions: documentation of
				any disciplinary action taken with respect to any employee;
(5) evaluations: any evaluations of work
				performance;
(6) background check
				results: the results of the abuse and neglect and criminal records check, if
				required; if a background check is not required, the file shall include written
				documentation as to why it is not required;
(7) training: documentation of training
				received, content and hours;
(8)
				license: a copy of an employee's professional license when
				applicable;
(9) abuse and neglect
				reporting: a signed statement of understanding by the employee of the
				requirements to report suspected abuse and neglect to PSD;
(10) child placement agency licensing
				standards: a signed statement by the employee acknowledging the receipt these
				regulations; and
(11)
				confidentiality statement: any individual who is employed by an agency shall
				sign a statement acknowledging the confidentiality rights of the children and
				families that are or may become clients of the agency, specifically that case
				records and client identifying information shall not be publically
				released.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 26 - FOSTER CARE AND ADOPTION › Part 5 - CHILD PLACEMENT AGENCY LICENSING STANDARDS › Section 8.26.5.23 - AGENCY SERVICES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Adoption services:
The agency shall maintain a detailed description of
				the agency's adoption services and procedures applicable to those services. The
				description shall include, but is not limited to, adoptive home assessments,
				relinquishment procedures, procedure to assure best interest adoption
				placement, provision for medical services for the birth mother and the child,
				post-relinquishment medical services for the child until adoptive placement
				occurs, services for adoption applicants and biological parents, placement and
				post-placement services, management of adoption disruptions and dissolutions,
				finalization procedures and post decree adoption support services. All agencies
				shall follow the requirements for the assessment process for foster or adoptive
				homes licenses set forth in the Adoption Act Regulations, 8.26.3.18 NMAC, and
				Licensing Requirements for Foster and Adoptive Homes, 8.26.4.12 NMAC.
B.
Foster care services:
The
				agency shall maintain a detailed description of the services provided to the
				children and families who are served by the agency, as well as the agency's
				foster care services. The description shall include, but is not limited to,
				recruitment, foster home assessments, training of foster parents, the placement
				process, documentation of contacts between child and biological family, the
				interaction of the agency with the child's family of origin and with the foster
				home, documentation of efforts made to reunite the child with the family, when
				appropriate, and the permanent plan. All agencies shall follow the requirements
				for home studies, including background checks, or pre-placement studies set
				forth in the Adoption Act Regulations, 8.26.3.18 NMAC and the Licensing
				Requirements for Foster and Adoptive Homes, 8.26.4.14 NMAC. Therapeutic foster
				homes must meet the requirements listed in Treatment Foster Care Services,
				Certification Requirements for Child and Adolescent Mental Health Services,
				7.20.11.29 NMAC, in order to receive medicaid reimbursement.
(1) All services to be rendered shall comply
				with the court order, if the child is not in the custody of the
				parent.
(2) For children in
				department custody, agency case planning shall be reflective of the case plan
				developed by PSD and shall never be in conflict with the PSD case plan or
				current court orders. The treatment foster care coordinator shall be invited to
				staffing meetings with department staff to determine that the case plans are
				consistent.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 26 - FOSTER CARE AND ADOPTION › Part 5 - CHILD PLACEMENT AGENCY LICENSING STANDARDS › Section 8.26.5.24 - CONTINUITY OF SERVICE

Current through Register Vol. 35, No. 13, July 16, 2024
An agency shall provide continuity of services for children
				  in their care in the event that a family transfers from one agency to
				  another.
A.
Transfers:
(1)
Foster family:
The transfer
				of a foster family from one agency to another when a child is placed in the
				home is discouraged, unless all members of the child's treatment team and the
				agencies involved agree that the transfer is in the best interest of the child.
				If the transfer is in the best interest of the child, the sending agency and
				receiving agency shall ensure that services being received by the child follow
				that child to the new agency in order to ensure consistency in the course of
				that child's treatment. If the home is a therapeutic foster home, both agencies
				must comply with the Treatment Foster Care Services, Certification Requirements
				for Child and Adolescent Mental Health Services, 7.20.11.29 NMAC. Both agencies
				shall provide written documentation, to PSD in the case of children in custody
				of PSD, or to the legal guardian when the child is not in custody of PSD that
				the transfer is in the best interest of the children currently in the home. A
				reasonable fee may be charged by the sending agency to the receiving agency
				for:
(a) document copying;
(b) time and effort spent conducting the home
				study; and
(c) training hours
				provided to parents.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 26 - FOSTER CARE AND ADOPTION › Part 5 - CHILD PLACEMENT AGENCY LICENSING STANDARDS › Section 8.26.5.25 - RECORDS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Types of
				records:
Separate records shall be kept for foster parents, adoptive
				parents, and the child. The agency shall also keep separate its administrative
				records as described herein at Subsection E of 8.26.5.25 NMAC. The child's
				record includes information regarding the family of origin. Case records shall
				be continuously updated and easily accessible to the agency staff and
				PSD.
B.
Foster parent
				records:
The agency shall maintain records concerning the evaluation of
				a foster home which may include, but are not limited to:
(1) the application documents as set forth in
				Licensing Requirements for Foster and Adoptive Homes, 8.26.4.9 NMAC;
(2) the original home study and all
				subsequent updates or addenda and are filed in sequence; in addition, the
				foster parent record shall contain a separate documentation section which lists
				each placement in the home including but not limited to the name of the child,
				dates of placement, and the reason for a child's removal from the biological
				home; if a disruption occurs, the reason for the disruption of placement shall
				be documented;
(3) criminal records
				checks results of the foster parents and any adults living in the home, as well
				as abuse and neglect checks; the agency shall arrange for abuse and neglect
				checks, criminal records checks, and renewals of these checks as set forth in
				Licensing Requirements for Foster and Adoptive Homes, Sections 10 and 11 of
				8.26.4 NMAC.
(4) medical exam
				records and signed releases of information;
(5) the home safety checklist as set forth in
				Licensing Requirements for Foster and Adoptive Home 8.26.4.13, NMAC; the home
				safety checklist shall be updated annually at recertification; CYFD will
				provide the form to all applicants; the agency shall provide information
				regarding each listed category;
(6)
				the annual clean well water certification if the home uses well water as a
				water source;
(7) a copy of the
				foster home license; and
(8) any
				and all correspondence between the agency and the foster parents.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 26 - FOSTER CARE AND ADOPTION › Part 5 - CHILD PLACEMENT AGENCY LICENSING STANDARDS › Section 8.26.5.26 - MAINTENANCE OF RECORDS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Foster parent records:
The foster care agency shall retain foster parent
				records for 10 years from the date of case closure. In the event a foster care
				agency is closed or goes out of business, the agency shall comply with
				8.26.5.30 NMAC herein.
B.
Adoptive parent records:
(1) Finalized
				adoption cases: The agency shall retain adoptive parent records in finalized
				cases 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 herein.
(2) Disrupted or proposed adoptions not
				finalized: The agency shall retain adoptive parent records for disrupted or
				proposed adoptions not finalized for five years after the case is closed. In
				the even an agency is closed or goes out of business, the agency shall comply
				with 8.26.5.30 NMAC herein.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 26 - FOSTER CARE AND ADOPTION › Part 5 - CHILD PLACEMENT AGENCY LICENSING STANDARDS › Section 8.26.5.27 - REPORTS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Semi-annual reports:
An agency shall submit to PSD a semi-annual
				statistical report of the services provided by the agency.
B.
Report format:
Semi-annual
				reports shall be prepared on forms provided by PSD and include all the
				information required therein, including, but not limited to:
(1) foster home statistics:
(a) number of applications
				received;
(b) number and types of
				foster home applicants licensed by type;
(c) number of applicants denied;
(d) number of licenses revoked;
(e) number of applications pending at the end
				of the reporting period;
(f) number
				of applications withdrawn;
(g)
				names of all family members of all homes transferring to other agencies and the
				receiving agency and the reason for the transfer, should foster children reside
				in the home, the report shall also document how continuity of care was
				maintained;
(h) number of foster
				homes operating under the agency's supervision at the end of the reporting
				period;
(i) all complaints,
				incidents, and abuse and neglect reports with complaint's identifying
				information made regarding specific homes or the agency, and information
				regarding resolution of such; and
(j) any other specific data requested by
				PSD;
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 26 - FOSTER CARE AND ADOPTION › Part 5 - CHILD PLACEMENT AGENCY LICENSING STANDARDS › Section 8.26.5.28 - EMERGENCY RESPONSE PLAN

Current through Register Vol. 35, No. 13, July 16, 2024
As required by the federal Child and Family Services
				  Improvement Act of 2006 and included in CYFD's federal child and family
				  services plan, each agency shall develop and maintain a written emergency
				  response plan. The plan shall be developed within three months of the
				  promulgation of these regulations, or within three months of initial
				  licensure.
A.
Essential
				functions:
The agency's plan must assure the agency, in the event of a
				wide-scale emergency, is capable of performing the following essential
				functions:
(1) locating and ensuring the
				safety of children placed with families licensed by the agency and of those
				families;
(2) locating and ensuring
				the safety of agency staff;
(3)
				cooperating with, sharing information, and assisting PSD in providing emergency
				response as requested; and
(4)
				ensuring continuity of operations, including maintaining records, continuing
				payments to providers, communicating with staff and foster care providers, and
				documenting costs of response efforts.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 26 - FOSTER CARE AND ADOPTION › Part 5 - CHILD PLACEMENT AGENCY LICENSING STANDARDS › Section 8.26.5.29 - PSD ROLE

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Meetings and training:
PSD retains the right to call meetings or
				training for licensed adoption and foster care agencies. Agencies shall be
				responsible for obtaining all information distributed at each meeting
				regardless of whether or not they attend the meeting.
B.
Access to agency
				information:
Information regarding the operations of PSD licensed
				agencies shall be available to other state departments and divisions upon
				receipt of a written request to the extent permitted by New Mexico
				law.
C.
Oversight and
				investigation authority:
PSD may conduct inspections and interviews
				related to referrals of abuse and neglect, licensing violations, or complaints
				received by PSD related to the operation of the agency. Such inspections and
				interviews may be conducted at any time, with or without prior notice. In order
				to evaluate the safety and continuity of care for children placed with the
				agency, PSD may:
(1) enter and inspect the
				agency's or applicant's offices and physical facilities;
(2) inspect and copy all agency financial
				records, files, papers, and correspondence which pertain directly or indirectly
				to the issuance and maintenance of the license and the issuance and maintenance
				of foster home licenses or adoption certificates; and
(3) interview, as PSD deems appropriate,
				agency staff, consultants, contractors, foster parents, adoptive parents,
				governing body, and any other agency personnel, volunteers and
				clients.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 26 - FOSTER CARE AND ADOPTION › Part 5 - CHILD PLACEMENT AGENCY LICENSING STANDARDS › Section 8.26.5.30 - VOLUNTARY AGENCY CLOSURE

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				When an agency voluntarily closes, the agency shall notify PSD in writing at
				least 90 calendar days prior to the agency beginning to move staff, families or
				children to another agency. The licensee shall provide PSD a written plan
				summarizing the preparation and arrangements for the care, custody and control
				of any children being served and the financial plan to ensure timely payments
				to families.
B. Retention of
				records in agency closures:
(1) In all
				closures of treatment foster care agencies, including involuntary closures, the
				agency shall retain all records, including the foster parent record, the
				child's records and administrative records, as defined in 8.26.5.25 NMAC
				according to regulations governing such agencies codified at Paragraph (2) of
				Subsection E of 7.20.11.22 NMAC, Certification Requirements for Child and
				Adolescent Mental Health Services.
(2) In all closures of PSD licensed,
				non-treatment foster care agencies, including when an agency's license has
				expired or goes out of business, or where the agency agency's license has been
				revoked, the agency shall retain foster parent records, the child's record and
				administrative records, as defined in 8.26.5.25 NMAC, for five years after the
				agency has been closed or goes out of business.
(3) In all closures of PSD licensed adoption
				agencies, including when an agency's license has expired or goes out of
				business, or where the agency's licensed has been revoked:
(a) administrative records: the agency shall
				retain administrative records for five years after the agency has been closed
				or goes out of business, unless an applicable law requires a retention period
				for a longer period of time;
(b)
				parent and child adoptive records in finalized cases: the agency shall transfer
				finalized parent and child adoptive records to PSD for permanent
				storage;
(c) parent and child
				adoptive records in adoption disruptions or proposed adoptions not finalized:
				the agency shall retain parent and child adoptive records in cases of disrupted
				adoptions or proposed adoptions not finalized for five years after the agency
				has been closed or goes out of business.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 26 - FOSTER CARE AND ADOPTION › Part 6 - COMMUNITY HOME LICENSING STANDARDS › Section 8.26.6.1 - 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 6 - COMMUNITY HOME LICENSING STANDARDS › Section 8.26.6.2 - 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 community home
				  for the purpose of providing a 24 hour group living setting in order to meet
				  the child's developmental, psychological, educational, social and emotional
				  needs.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 26 - FOSTER CARE AND ADOPTION › Part 6 - COMMUNITY HOME LICENSING STANDARDS › Section 8.26.6.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Children, Youth and Families Department Act, NMSA 1978,
				  9-2A-7
				  D.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 26 - FOSTER CARE AND ADOPTION › Part 6 - COMMUNITY HOME LICENSING STANDARDS › Section 8.26.6.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
August 29, 2014, 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 6 - COMMUNITY HOME LICENSING STANDARDS › Section 8.26.6.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
These standards authorize the protective services division,
				  of the children, youth and families department, to license community homes for
				  the purpose of ensuring the health and safety of children under the
				  administration of the Human Services Department Act, NMSA 1978,
				  9-8-13.
				  These standards within 8.26.6 NMAC supersede Sections 82 through 127 of 7.8.3
				  NMAC. The children, youth and families department recognizes these community
				  home standards within 8.26.6 NMAC as the exclusive standards for licensing
				  community homes.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 26 - FOSTER CARE AND ADOPTION › Part 6 - COMMUNITY HOME LICENSING STANDARDS › Section 8.26.6.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
"Adult"
means, for the purpose of 8.26.6 NMAC, a person who is age 18
				years or older and is a client of and resides in a community home licensed by
				PSD.
B.
"Child"
means, for the purpose of 8.26.6 NMAC, a person who is under the age of 18 and
				is a client of and resides in a community home licensed by PSD.
C.
"Child abuse and neglect
				check"
is a review of the PSD information management system, also known
				as FACTS, or another state's central abuse or neglect registry to determine if
				there have been any previous referrals on an individual to this state's or
				another state's protective services division.
D.
"Community home"
means a
				facility which operates 24 hours a day and provides full time care,
supervision and support to no more than 16 children in a single
				residential building, including a facility which meets
the definition of
				"group home" as outlined in the Human Services Department Act, NMSA 1978,
				9-8-13.
E.
"Contact"
for the purpose of
				8.26.6 NMAC may include, but is not limited to:
(1) the ability to make physical contact with
				children;
(2) working in close
				proximity to children; and
(3)
				having unsupervised access to children.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 26 - FOSTER CARE AND ADOPTION › Part 6 - COMMUNITY HOME LICENSING STANDARDS › Section 8.26.6.8 - ELIGIBLE COMMUNITY HOME

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				principle function of a community home is to provide full time care to children
				on a 24 hour a day residential basis for no more than 16 resident children in a
				designated residential building.
B.
				The community home shall be licensed to do business in the state of New Mexico
				and be a member of any state or national association that requires the
				community home to observe standards recognized by state or national group home
				standards for the care of children, such as the New Mexico Christian child care
				association, the national association of home for children or the council on
				accreditation.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 26 - FOSTER CARE AND ADOPTION › Part 6 - COMMUNITY HOME LICENSING STANDARDS › Section 8.26.6.9 - APPLICATION

Current through Register Vol. 35, No. 13, July 16, 2024
Any individual, group or organization requesting
				  consideration for a license as a community home shall submit information to
				  PSD, as described in Subsections A-F of this Section. The application shall
				  include:
A.
Description and
				organization:
Each applicant community home shall provide PSD a
				description of the community home to include, but not limited to:
(1) the name or proposed name and location of
				the community home;
(2) statement
				of non-profit status;
(3) names and
				addresses of the members of the governing board;
(4) name and address of the community home's
				administrator; and
(5) a signed
				statement from the community home administrator acknowledging responsibility
				for:
(a) providing for the safety and
				well-being of children placed in the community home;
(b) monitoring risks that may expose the
				organization to liability; and
(c)
				monitoring risks that may reveal unsatisfactory service.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 26 - FOSTER CARE AND ADOPTION › Part 6 - COMMUNITY HOME LICENSING STANDARDS › Section 8.26.6.10 - TYPES OF LICENSES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Initial license:
An initial license is granted to a community home when
				PSD verifies that the applicant is in substantial compliance with the licensing
				requirements outlined in 8.26.6 NMAC. If the applicant community home is in
				substantial compliance but there are minor deficiencies, the applicant
				community home shall be directed by PSD to correct the minor deficiencies. An
				initial license shall be issued for a maximum of one year.
B.
Standard license:
If a
				community home continues to meet all licensing requirements, PSD shall license
				the community home for a standard license. A standard license is issued for one
				year; however, PSD has the option to issue a two year license if the community
				home consistently exceeds the basic standards outlined in 8.26.6
				NMAC.
C.
Six month
				license:
A six month license may be issued when PSD determines the
				community home has documented substantial deficiencies or chronic minor
				deficiencies, and:
(1) the community home
				submits a written corrective action plan as approved by PSD to correct the
				deficiencies; and
(2) the community
				home can meet the licensing requirements within six months from the date of
				issuance of the six month license; PSD makes at least one on-site review at
				least two months prior to the expiration of the six month license, or more
				frequent reviews, to determine that the community home has taken sufficient
				steps to correct the deficiencies.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 26 - FOSTER CARE AND ADOPTION › Part 6 - COMMUNITY HOME LICENSING STANDARDS › Section 8.26.6.11 - 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,
				  assessment and determination that the applicant community home is, or is not,
				  in compliance with the licensing standards outlined in 8.26.6 NMAC and any
				  other standards governing the health and safety of children residing within a
				  community home.
A.
Approval:
PSD notifies the applicant community home, in writing, of
				approval of a license. Notice is sent by registered mail to the address shown
				on the application within 90 calendar days after receipt of the completed
				application.
B.
Denial:
PSD notifies the applicant community home, in writing, of denial
				of the license. The applicant community home may be denied a license when the
				standards for licensing are not met or the applicant community home has a
				history of license revocation, suspension, denial, penalties or allegations of
				abuse or neglect substantiated by PSD or any other state agency responsible for
				the protection and welfare of children. 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 community home of
				the appeal process. See Section 13 of 8.26.6 NMAC.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 26 - FOSTER CARE AND ADOPTION › Part 6 - COMMUNITY HOME LICENSING STANDARDS › Section 8.26.6.12 - LICENSE RENEWAL

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				community home 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 community home's written request for renewal and PSD's on-site review
				and assessment of community home's 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. If a community home fails to file a renew
				request within 90 calendar days of expiration of the license, the license may
				be, at PSD's sole discretion, automatically terminated 30 days from the
				expiration date shown on the face of the existing license. The community home
				shall assist in the smooth transfer of the children to other licensed child
				placement agencies or community homes, so that there is no disruption in the
				care of the children.
D. Before
				renewing a community home license, PSD shall determine that the community home
				is in compliance with all applicable requirements by conducting an onsite
				review which shall include interviews, case record reviews and visits to the
				facilities maintained by the community home. PSD is not responsible for
				locating documents when files are not kept organized and up to date.
E. PSD shall notify the community home in
				writing of its licensing decision before the expiration date of the current
				license. If PSD does not renew the license prior to its expiration date, a
				license extension, at PSD's sole discretion, may be issued to the community
				home for a maximum of 90 calendar days. If PSD decides to not renew a community
				home'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 Section 13 of 8.26.6 NMAC.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 26 - FOSTER CARE AND ADOPTION › Part 6 - COMMUNITY HOME LICENSING STANDARDS › Section 8.26.6.13 - SANCTIONS, NOTIFICATION AND ADMINISTRATIVE HEARINGS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Sanctions and Notification:
PSD may impose sanctions if it determines that a community home has failed to
				comply with 8.26.6 NMAC, or where an investigation substantiates an allegation
				of abuse or neglect against a community home. At PSD's discretion, depending
				upon the severity of a community home non-compliance, PSD may issue a letter of
				correction, put a community home on probation with restricted admissions,
				suspend a community home license, revoke a community home license, or deny a
				community home license. PSD shall notify the community home in writing by
				return receipt mail of its intent to put the community home on probation or
				suspension, or to revoke or not renew the license. Notice shall be sent to the
				address on file, or by personal delivery to the person authorized to accept
				service on behalf of the community home. Notice shall be sent at least 30 days
				prior commencement of such actions.
(1) Letter
				of correction: PSD may send the community home a letter of correction. The
				letter of correction is sent by registered mail and:
(a) notifies the community home of identified
				deficiencies and works with the community home to correct the deficiencies by a
				specific date;
(b) requires the
				community home to submit a written corrective action plan, subject to approval
				of PSD, identifying the specific actions which will be taken to correct the
				deficiencies, following the time frame provided by PSD; at its discretion, PSD
				staff may work with the community home in the development or revision of the
				corrective action plan; and
(c)
				advises the community home of potential PSD actions should the deficiencies not
				be corrected, including, but not limited to probation, suspension or revocation
				of license, or denial of license renewal.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 26 - FOSTER CARE AND ADOPTION › Part 6 - COMMUNITY HOME LICENSING STANDARDS › Section 8.26.6.14 - COMMUNITY HOME OPERATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Financial accountability:
(1)
				Community homes shall provide a brief statement verifying financial stability
				from a certified public accountant to PSD during the annual onsite visit for
				license renewal.
(2) Community
				homes shall have an annual financial audit conducted by an independent
				certified public accountant. A brief statement or proof that such audit has
				been conducted from an independent certified public account will be provided to
				PSD during the annual onsite review for license renewal.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 26 - FOSTER CARE AND ADOPTION › Part 6 - COMMUNITY HOME LICENSING STANDARDS › Section 8.26.6.15 - HEALTH AND SAFETY CHECKLIST

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Heating, cooling, and ventilation:
(1) Heating, air-conditioning, piping,
				boilers, and ventilation equipment shall be installed and maintained in safe
				working condition to meet all requirements of current state mechanical,
				electrical, and construction codes.
(2) Heating and cooling equipment shall be
				adequate to maintain a comfortable interior temperature in all living and
				sleeping quarters, and provides a means for adjusting the temperature by staff
				for clients as needed.
(3) All
				living and sleeping quarters shall be adequately ventilated. There shall be an
				effective means of providing fresh air to client's sleeping quarters, including
				at least one window.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 26 - FOSTER CARE AND ADOPTION › Part 6 - COMMUNITY HOME LICENSING STANDARDS › Section 8.26.6.16 - COMMUNITY HOME POLICIES AND PROCEDURES

Current through Register Vol. 35, No. 13, July 16, 2024
Community homes shall develop, maintain and follow internal
				  written policies and procedures concerning:
A.
Protection of children:
Policies and procedures shall acknowledge the community home's responsibility
				to protect the safety of children. Specifically, policies and procedures shall:
(1) require that community home staff report
				all suspected incidents of abuse and neglect, as defined in Subsections N, Q
				and U of 8.26.6.7 NMAC, involving children in the community home's care and
				advise the child's legal guardian when such a report is made;
(2) address the safety of children who may be
				harmed while in the care and control of the community home or its providers and
				include a plan stating the course of action followed in the event a child is
				harmed, without regard to how the incident occurred, and identifying the line
				of authority and the decision-making process to assist in the reporting and
				investigation of these matters; and
(3) create a safe and supportive home
				environment for youth in PSD custody regardless of their sexual orientation or
				gender identity.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 26 - FOSTER CARE AND ADOPTION › Part 6 - COMMUNITY HOME LICENSING STANDARDS › Section 8.26.6.17 - STAFF BACKGROUND CHECKS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Community homes shall conduct state and federal criminal records checks and
				child abuse and neglect checks for staff, interns and volunteers whose duties
				include any contact with children. Contact may include but is not limited to:
(1) physical contact with children;
(2) working in close physical proximity to
				children; and
(3) having
				unsupervised access to children.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 26 - FOSTER CARE AND ADOPTION › Part 6 - COMMUNITY HOME LICENSING STANDARDS › Section 8.26.6.18 - STAFFING REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Minimum staff:
Community home staff shall include, at a minimum, an
				administrator and a supervisor. The administrator may also fulfill the role of
				supervisor, provided the person meets the minimum qualifications for the higher
				position.
(1) Administrator: The
				administrator shall work in the community home's New Mexico office.
(2) Clinical supervisor: Each community home
				shall have access to a licensed clinical supervisor for the purpose of
				evaluating the behavioral health needs of its clients. The clinical supervisor
				shall make faced to face contact with clients when delivering services to
				clients. The clinical supervisor shall be licensed by the state of New Mexico
				as a:
(a) licensed psychologist or
				psychiatrist;
(b) social worker
				licensed at the master's level (MSW);
(c) licensed professional clinical mental
				health counselor (LPCC); or
(d)
				licensed marriage and family therapist (LMFT).
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 26 - FOSTER CARE AND ADOPTION › Part 6 - COMMUNITY HOME LICENSING STANDARDS › Section 8.26.6.19 - EMPLOYEE, STUDENT INTERN, AND VOLUNTEER PERSONNEL FILES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Employee personnel file:
The
				community home shall maintain a personnel file for all employees, including
				temporary professional employees, of the community home which shall be
				available to PSD for inspection. Each file shall include, at a minimum:
(1) application: the employee's employment
				application showing qualifications and experience;
(2) references: at least three professional
				and character references for each potential employee prior to his or her
				employment;
(3) academic
				transcripts: the official academic transcripts, if applicable;
(4) disciplinary or corrective actions:
				documentation of any disciplinary or corrective action taken;
(5) evaluations: any evaluations of work
				performance;
(6) background check
				results: the results of the abuse and neglect and criminal records check, if
				required; if a background check is not required, the file shall include written
				documentation as to why it is not required;
(7) training: any training received including
				content and hours, and documentation that staff have been instructed on:
(a) the definitions of abuse and neglect as
				defined in Subsections M, P and T of 8.26.6.7 NMAC; and
(b) the responsibility of staff to report all
				suspected incidents of child abuse or neglect, to include access to the
				statewide central intake hotline number.
(8) licenses or certifications: a copy of an
				employee's professional license or certifications when applicable;
(9) abuse and neglect reporting: a signed
				statement of understanding by the employee of the requirements to report
				suspected abuse and neglect to PSD;
(10) community home licensing standards: a
				signed statement by professional staff acknowledging the receipt of these
				regulations; and
(11)
				confidentiality statement: signed statement by the employee acknowledging the
				confidentiality rights of the children and families that are or may become
				clients of the community home, specifically that the child or client's case
				records and identifying information shall not be publically released
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 26 - FOSTER CARE AND ADOPTION › Part 6 - COMMUNITY HOME LICENSING STANDARDS › Section 8.26.6.20 - RECORDS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Child's
				record:
The child's record shall contain at a minimum:
(1) intake information; any assessments
				relevant to the child's needs and well-being, and the discharge report with
				recommendations;
(2) education
				records: the community home shall maintain documentation of the child's
				educations status, needs, and history; the documentation shall include
				information provided by the school to the community home and is updated, at a
				minimum, each academic year;
(3)
				medical and behavioral health records: the community home shall maintain
				documentation of the child's medical and behavioral health needs, medications,
				and history including but not limited to:
(a)
				medical information;
(b) behavioral
				health history;
(c) developmental
				history;
(d) immunization
				record;
(e) history of serious
				illness or injury;
(f)
				physiological or psychological evaluations;
(g) past and current use of prescribed
				medications (including psychotropic medications);
(h) any complaints by the child indicating a
				current need for diagnosis and treatment;
(i) dates of any dental, visual, auditory,
				and physical examination and any treatment secured for any conditions
				discovered; and
(j) diagnosed
				behavioral health conditions and dates of any behavioral health treatment
				secured for those conditions.
(4) individualized case plan report: the
				child's record shall contain an individualized case plan report of services
				provided by the community home; for children in PSD custody, the report shall
				be provided to the PSD worker and shall include dates and locations of all
				professional staff visits with the child; and
(5) any incident reports.