TITLE 8 SOCIAL
SERVICES
CHAPTER 26 FOSTER
CARE AND ADOPTION
PART 4 LICENSING
REQUIREMENTS FOR FOSTER AND ADOPTIVE HOMES
8.26.4.1 ISSUING
AGENCY: Children, Youth and Families
Department (CYFD), Protective Services Division (PSD).
[8.26.4.1 NMAC - Rp, 8 NMAC 27.3.1, 5/29/09]
8.26.4.2 SCOPE: PSD staff and all PSD licensed agencies
providing foster care services in New Mexico.
[8.26.4.2 NMAC - Rp, 8 NMAC 27.3.2, 5/29/09; A, 8/15/11]
8.26.4.3 STATUTORY
AUTHORITY: Children, Youth and
Families Department Act, 9-2A-7 D, NMSA 1978; New Mexico Children’s Code
Adoption Act, 32A-5-6 A, NMSA 1978; Child Placement Licensing Act, 40-7A-4 D,
NMSA 1978.
[8.26.4.3 NMAC - Rp, 8 NMAC 27.3.3, 5/29/09]
8.26.4.4 DURATION:
Permanent.
[8.26.4.4 NMAC - Rp, 8 NMAC 27.3.4, 5/29/09]
8.26.4.5 EFFECTIVE
DATE: May 29, 2009 unless a later
date is cited at the end of a section.
[8.26.4.5 NMAC - Rp, 8 NMAC 27.3.5, 5/29/09]
8.26.4.6 OBJECTIVE: To create uniform standards for licensing of
foster care and adoptive homes in New Mexico which are consistent with the best
interest, safety, permanency, and well-being of children by:
A. enabling
protective services division or licensed child placement agencies to license
and monitor foster and adoptive homes;
B. enabling
protective services division to set standards for the application and operation
of foster and adoptive homes to protect the best interest of children in foster
or adoptive placement; and
C. complying
with the New Mexico Children’s Code, the New Mexico Adoption Act and
regulations, the Indian Child Welfare Act, the Adoption and Safe Families Act,
the Interstate Compact on Placement of Children, the Interstate Compact on
Adoption and Medical Assistance, the Multi-Ethnic Placement Act, as amended by
the Inter-Ethnic Adoption Provisions of 1996, the Safe and Timely Interstate
Placement of Foster Children Act, the Adam Walsh Act, the Fostering Connections
for Success and Increasing Adoptions Act and the Child Abuse Prevention and
Treatment Act Reauthorization of 2010.
[8.26.4.6 NMAC - Rp, 8 NMAC 27.3.6, 5/29/09; A, 8/15/11]
8.26.4.7 DEFINITIONS:
A. “Administrative appeal” is a formal hearing for
families whose license has been revoked, suspended, or not renewed. The family
has the opportunity to present evidence to an impartial hearing officer in
accordance with CYFD’s Administrative Appeals regulations 8.8.4 NMAC.
B. “Administrative review” is an informal process in
which may include an informal conference or a record review, and does not
create any substantive rights for the family.
C. “Adoptee” refers to any person who is the subject of
an adoption petition.
D. “Adoption” is the establishment of a court sanctioned
legal parental relationship between an adult and a child.
E. “Adoptive home” refers to:
(1) a foster family licensed by PSD or by a
licensed child placement agency who chooses to
adopt a foster child; or
(2)
a family approved by PSD and a private agency or a licensed individual
to adopt a child.
F. “Agency” means any PSD licensed
individual, partnership, association or corporation, for profit or non-profit,
undertaking to place a child in a home in this or any other state for the
purpose of providing foster care or adoption services. An agency may be licensed
as an adoption agency, a foster care agency or both.
(1) “Adoption agency” means an agency licensed by PSD to facilitate the
adoption of a child or perform a service within the adoption process.
(2) “Foster care agency” means an agency licensed by PSD for the
purpose of supervising foster care homes, treatment foster care homes, or other
levels of foster care as developed by PSD.
G. “Applicant” is any person who applies to be
considered as a potential foster care provider, treatment foster care provider,
or an adoptive family.
H. “Application” is the document by which persons who
wish to become foster or adoptive parents request an assessment of their home
and family, and the issuance of a license. The document also authorizes the
department or licensed child placement agency to obtain relevant information
from the applicant and other authorized persons in order to conduct an
assessment of the applicant’s qualifications. The applicant shall certify that
there are no willful misrepresentations in the application.
I. “Assessment” is the process of collecting
information and conducting interviews with applicants by the licensing agent,
and evaluating that information to determine the suitability of an applicant
for a foster parent license.
J. “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 the family to this state’s or any other state’s child protective
services division.
K. “Client” means a foster care or adoptive parent
applicant, foster care or adoptive family, a foster or adoptive child, or the
child’s biological family who receives services from a child placement agency
or protective services.
L. “Concurrent planning” refers to case planning and legal practices providing reunification
services while simultaneously implementing an alternative case plan.
M. “Criminal
records check (CRC)” means federal, state or local checks for criminal
offenses conducted by CYFD on potential and current foster and adoptive
parents, and of all adults living in the foster or adoptive home.
N. “CYFD” means the New Mexico children, youth and
families department.
O. “FACTS” means the PSD
management information system.
P. “Fictive kin” is a person not related by birth or
marriage who has an emotionally significant relationship with the child.
Q. “Foster child” is a child who is placed in the care
and custody of children, youth and families department protective services
division either under the legal authorization of the Children’s Code or through
a voluntary placement agreement signed by the parent or legal guardian, or a
child who is placed with a licensed child placement agency under the authority
of the Child Placement Agency Licensing Act. If the court orders legal custody
to a relative, person, facility, or agency other than the children, youth and
families department protective services division, the child is not a foster
child of protective services division.
R. “Foster home” refers to a person or persons licensed
by PSD, or a licensed child placement agency to provide foster care services
including emergency, respite, non-relative, relative, or treatment foster care.
The persons may also be concurrently licensed to adopt
S. “Foster home license” is the document which bears
the name or names and address or addresses of those who are foster parents for
the protective services division or licensed child placement agency. The
license displays the ages and number of foster children the licensees is
authorized to care for and the date such authorization begins and ends. The
license shall bear the signature of the authorized person who issued the
license.
T. “Foster parent” is the person named on the license
issued by protective services division or a licensed child placement agency who
is authorized to care for foster children. Throughout this policy, the term
foster parent also refers to an adoptive parent whose adoption has not yet
finalized.
U. “Home study” is the final written document that
results from the assessment process to determine the suitability of an
applicant for a foster parent license.
V. “Licensing
agent” means the individual with the proper credential and qualifications
conducting a home study.
W. “Protective services division (PSD)” refers to the
protective services division of the children, youth and families department,
and is the state’s designated child welfare agency.
X. “PSD custody” means custody
of children as a result of an action filed pursuant to the New Mexico
Children’s Code, 32A-4-1 et seq. NMSA 1978 or 32A-3B-1 et seq. NMSA 1978.
Y. “Relative” refers to mothers, fathers, brothers, sisters,
grandparents, aunts, uncles, nieces, nephews, first cousins, mother-in-laws,
father-in-laws, sister-in-laws, and brother-in-laws, as well as fictive kin.
Z. “Respite care” means a
licensed foster parent(s) who are able to care for foster children for short
periods of time when the child’s original foster parents are unable to provide
care.
AA. “SAFE” means the structured analysis family evaluation©
home study format, which is the only home study format approved for use in New
Mexico.
BB. “Specialized foster home” means a family foster home
licensed by PSD in which at least one adult has the required education,
training or experience necessary to care for a child who has been certified as
special needs.
CC. “Treatment foster care home” is a
foster home licensed by a child placement agency to provide intensive
therapeutic support, intervention and treatment for a child who would otherwise
require a more restrictive placement.
[8.26.4.7 NMAC - Rp, 8 NMAC 27.3.7 & 8.27.2.7 NMAC,
5/29/09; A, 8/15/11]
8.26.4.8 ELIGIBILITY
TO FOSTER OR ADOPT:
A. Any adult age 18 or older who is a legal resident of
the United States and who is a resident of New Mexico can apply to become a
licensed foster parent.
B. A
petition for adoption may be filed in New Mexico by any adult, age 18 or older,
who:
(1) is a New Mexico resident as defined in the
Adoption Act, 32A-5-3(Y) NMSA 1978, and pursuant to the Adoption Act,
32A-5-11(B) NMSA 1978; or
(2) is a non-resident, who meets the
requirements pursuant to the Adoption Act, 32A-5-11(C) NMSA 1978, and the child
was placed by CYFD 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.
C. Any adult seeking to adopt a child
in PSD custody must be approved as an adoptive parent and licensed as a foster
parent.
D. CYFD
employees who meet all licensing requirements may serve as foster or adoptive
parents. A CYFD employee is not allowed to foster or adopt any child with whom
he or she is working with in an official capacity.
E. A
foster or adoptive family may be a single parent, a married couple or an
unmarried couple.
F. No persons shall be licensed as
foster parents whose own children are currently in foster care. Persons whose
children have been formerly in foster placement may be licensed if the
assessment of their application determines that the problems leading to the
placement have been resolved.
G. To be considered for a PSD
foster parent license issued by PSD, applicants shall have sufficient income,
apart from the reimbursement, to support themselves and their families.
H. PSD recruits foster and adoptive
families who demonstrate the ability to care for children in PSD custody and
may deny applicants who are not willing to accept children in PSD custody.
[8.26.4.8 NMAC - N, 5/29/09; A, 8/15/11]
8.26.4.9 APPLICATION
FOR INITIAL LICENSURE:
A. All persons wishing to become
licensed foster parents or an eligible adoptive home for PSD or for a child
placement agency must:
(1) complete an application
form;
(2) consent to a home
study;
(3)
consent to a criminal records check and child abuse and neglect check;
and
(4)
complete the required pre-service training.
B. Applicants shall complete and sign
the foster home licensing application provided by PSD or licensed child
placement agency. The application shall include but not be limited to the
following:
(1)
demographic data such as name,
address, telephone number; date of birth of all persons living in or frequently
residing in the home;
(2) previous addresses for the past five
years, including the dates;
(3) at
least three year employment history preceding the date of application, if
applicable;
(4) a statement from the applicant asserting
that, if approved for license, the applicant shall adhere to the applicable
statutes and regulations applying to foster or adoptive homes and their
responsibilities which shall include:
(a)
working with children and families on reunification or alternate case
plan;
(b)
working with PSD or an agency to ensure placement stability, such as
accepting only children who can remain in the placement until adopted or
discharged from care;
(c)
ensuring that the safety of children is paramount;
(d) adherence to foster
parent responsibilities as set forth in Placement Services, 8.26.2.12 NMAC.
(5) each applicant shall submit the names,
addresses and telephone numbers of three non-related persons who have knowledge
of the applicant character and suitability to be foster or adoptive parents; in
addition to the names, addresses and telephone numbers of all adult children
residing out of the home shall be provided for references;
(6) a statement of monthly income and
expenditures;
(7) information regarding past or present
medical conditions and hospitalizations, including any institutionalization or
treatment for behavioral disorders for all adults and children living in the
home;
(8) a summary of current and past marriages
and significant adult interpersonal relationships;
(9) a history of any application or licensure
for foster care or adoptive homes in this or any other state; if such history
exists the application shall also include a PSD approved notification form
signed by the applicant that will serve the purpose of notifying the previous
agency of the applicant’s application to the new agency and allow the release
of assessment information and the home study to any agency considering the
foster or adoptive family;
(10) a history of arrests and investigations by
PSD; and
(11) signature and date: the applicant’s signature
shall certify the information provided in the application form is true and
complete and the application contains no willful misrepresentation.
[8.26.4.9 NMAC - Rp, 8 NMAC 27.3.10 & 8.27.2.14 NMAC,
5/29/09; A, 8/15/11]
8.26.4.10 CRIMINAL
RECORDS CHECKS (CRC): All persons wishing to become licensed foster
parents or an eligible adoptive home for PSD or for a child placement agency
must complete a criminal records check.
A. CRCs are required for all
applicants and adults living in the foster or adoptive home.
B. CYFD CRC unit conducts federal
and state criminal records checks for all applicants and adults living in the
home. PSD placement staff or agency staff shall submit to the CYFD CRC unit two
completed finger print cards for each applicant and adult living in the
applicant’s home. Agency staff shall also submit a certified check or money
order payable to CYFD protective services division for the required
fingerprinting fee for each applicant and adult living in the applicant’s home.
(Finger print packets including cards and instructions may be obtained from the
CRC unit.)
C. PSD and agency staff shall
conduct an additional criminal record check of the applicant and all adults
living in the applicant’s home through a search of nmcourts.com.
D. Licensure shall not be approved in
any case in which the CRC results for the applicant or any adult living in the
applicant’s home reveal any of the following federally mandated automatic
disqualifiers:
(1) a felony conviction for child abuse or
neglect;
(2) a felony conviction for spousal abuse;
(3) a felony conviction for a crime against
children, including child pornography;
(4) a conviction for any crime involving
violence such as rape, sexual assault, or homicide, but does not include other physical assault or
battery; or
(5) a felony conviction within the past five
years for physical assault, battery, or a drug related offense.
E. Applicants who have a conviction
for crimes other than those noted above are not automatically disqualified;
however this information shall be used to determine suitability for licensure.
All police or court records relating to the applicant or other adult living in
the home shall be considered in determining suitability for licensure.
F. The home study process for any
applicant or adult living in the home with a pending criminal charge and no
disposition shall be closed. The applicant may reapply after disposition of the
charge.
[8.26.4.10 NMAC - Rp, 8.27.2.16 NMAC, 5/29/09; A, 8/15/11]
8.26.4.11 CHILD
ABUSE AND NEGLECT CHECK:
A. For families applying to be licensed by PSD, staff
shall conduct a FACTS review for abuse and neglect referrals on the applicant
and all adults living in the applicant’s home. If the applicant or any other
adult living in the home resided in any state(s) other than New Mexico in the
five years prior to the date of the application, PSD shall request that each
such state review its abuse and neglect information system or registry for
information on the applicant or other adults living in the home and submit the
results of that review to PSD.
B. For families seeking to become foster or adoptive
homes through agencies other than PSD, the agency shall submit, at the time
they submit finger print cards, a signed PSD approved “abuse and neglect check
for prospective foster or adoptive parents” form to request that the CRC unit
conduct a FACTS review for abuse and neglect referrals on the applicant and
each adult living in the applicant’s home. If the applicant or any other adult
living in the home resided in any state(s) other than New Mexico in the five
years prior to the date of the application, the agency shall request that each
such state review its abuse and neglect information system or registry for
information on the applicant or other adults living in the home and submit the
results of that review to PSD.
C. If the applicant or any adult living in the
applicant’s home has been the subject of a substantiated allegation of sexual
exploitation or sexual abuse of a child, or has been substantiated for child
abuse that resulted in a child fatality, then the applicant shall not be
licensed.
D. In the event of a substantiated report of child abuse
or neglect, other than substantiated sexual exploitation or sexual abuse as
listed above, involving the applicant or any adult living in the home, the
application is assessed on a case-by-case basis to determine if the safety of
any child in the home can be assured. This information shall be used to
determine suitability for licensure.
E. Persons who have
been referred to PSD for investigation of allegations of child abuse or neglect
or exploitation may be considered for licensure. The best interest of children
is paramount. Licensure may be denied based on the professional judgment of the
licensing agent.
F. The home study process for any applicant or adult
living in the applicant’s home with a pending child abuse or neglect
investigation and no disposition shall be closed. The applicant may reapply
when the investigation is complete.
[8.26.4.11 NMAC - Rp, 8.27.2.17 NMAC, 5/29/09; A, 8/15/11]
8.26.4.12 ASSESSMENT
PROCESS FOR FOSTER OR ADOPTIVE HOME LICENSE:
A. Only qualified persons employed by
PSD, qualified staff of licensed child placement agencies or individuals
certified by PSD, as licensing agents shall conduct home studies. (See process
for certification as a licensing agent as set forth in the Adoption Act
Regulations, 8.26.3.17 NMAC)
B. Upon
receipt of the application to become a foster or adoptive family, the licensing
agent has five days to contact the family.
C. Home
study forms and requirements are determined by PSD. The SAFE home study is the
approved format to be used in New Mexico.
D. All foster or adoptive applicants
are assessed for their suitability to care for children who might be placed in
their home. Although any previous foster care assessments and home studies that
are obtainable shall be considered, the licensing agent shall conduct an
independent assessment and home study.
E. PSD gives priority to applicants
that meet the needs of children in PSD custody.
F. In addition to the CRC and abuse and
neglect checks, as described herein at 8.26.4.10 and 8.26.4.11 NMAC, the minimum
documentation required for the assessment process includes:
(1) a physical exam report, paid for by the
applicant, which certifies that all adult household members are in good mental
and physical health with a statement from the physician as to whether any
medical conditions may affect the applicant’s ability to care for a foster
child; the medical report shall be dated within twelve months of the
application date and include a list of any prescribed medications and the
reasons for which they are prescribed;
(2) immunization records or waiver issued by
the department of health for any child residing in the home;
(3) a copy of the applicant’s driver’s license
and proof of motor vehicle insurance for any vehicle used to transport a foster
child;
(4) a copy of the applicant’s current marriage
license and all previous divorce decrees, if applicable;
(5) proof of school enrollment or home schooling
for all school aged children residing in the home;
(6) proof of the applicant’s U.S. citizenship
such as a social security card, or proof of permanent residency, such as a
green card;
(7) a signed PSD approved release of
information form; and
(8) a signed foster parent agreement, if
applicable.
G. The licensing agent shall
contact the three references provided by the applicant and shall contact any
adult children living out of the parental home. The purpose of the contact is
to assist in determining the applicant’s suitability to become a foster or
adoptive parent.
H. The licensing agent shall
conduct at least one individual interview with each adult living in the
applicant’s home. This includes children, and any relatives or other adults
living in the home. If any person(s) who lives in the home declines to be
interviewed, the foster or adoptive home shall not be licensed or certified.
I. A minimum of two home visits
shall be made to the proposed foster or adoptive home.
J. The results of a foster home or relative foster home
study are documented in PSD’s approved home study format and filed in the
foster parent record maintained by the licensing agent.
K. Once
the home study process has been initiated, the licensing agent shall complete
the home study within 120 days for non-relative foster or adoptive homes, and
90 days for relative foster or adoptive home.
[8.26.4.12 NMAC - Rp, 8 NMAC 27.3.14 & 15, 5/29/09; A,
3/31/10; A, 8/15/11]
8.26.4.13 SAFETY
CHECKLIST FOR FOSTER AND ADOPTIVE HOMES:
A. Heating, cooling, and ventilation:
(1) A foster home shall be adequately
ventilated. There shall be an effective means of providing fresh air to
children’s sleeping rooms, including at least one window.
(2) Fuel-burning equipment, including natural
gas or liquid propane gas cooking ranges shall be vented appropriately and meet
applicable safety code requirements.
(3) Heating equipment shall be adequate to
maintain interior temperature of 65 degrees fahrenheit in all rooms. Gas
furnaces shall have a cut-off valve.
(4) The heating systems and associated
equipment shall meet all requirements of state and local safety codes.
B. Water:
(1) A foster home shall have an adequate
supply of sanitary water.
(2) If water is not obtained from a public
supply, a well water certificate from the New Mexico environment department
shall be provided for initial licensure, and at five year intervals. Well water
testing instructions and an application form are available on the environment
department website. Bottled water may be used for cooking and drinking if the
water source is assessed to be unsuitable.
(3) Water supply piping and associated
equipment shall be installed and maintained in compliance with state and local
safety codes. There shall be a pop-off valve on the hot water heater.
C. Sewage, waste and sanitation:
(1) A foster home shall be kept clean and free
of accumulation of dirt, waste, and infestations of insects and rodents.
(2) Toilet and bathing facilities shall be
provided and maintained in a sanitary manner.
(3) There shall be sanitary methods of
household waste disposal which meet applicable safety codes.
(4) Foster homes shall be free of clutter that
may cause tripping or falling hazards.
D. Electrical wiring and communication:
(1) Electrical wiring shall comply with state
and local safety codes. If the licensing agent has doubt of the adequacy of
electrical wiring, the licensing agent shall request the applicant arrange and
pay for a local electrical inspector to inspect the wiring and submit a report
to the licensing agent.
(2) Electrical extension cords shall not be
used for general wiring.
(3) A readily available telephone in case of
emergencies.
E. Kitchen and food storage:
(1) A foster home shall have a kitchen with
sufficient storage space. Food shall be stored separately from cleaning
supplies and other household chemicals.
(2) The kitchen shall be equipped with a
refrigerator sufficient to maintain cold food storage in a temperature range
between 33 degrees and 45 degrees fahrenheit.
(3) The kitchen and food preparation equipment
and storage shall be maintained in a sanitary condition.
F. First aid and medical supplies:
(1) Foster parents shall maintain a stock of
first aid supplies in the foster home. The minimum acceptable stock includes:
(a) one box of non-medicated adhesive
bandages;
(b) one pair of blunt
scissors;
(c) one roll of two
inch or three inch adhesive roller bandage;
(d) one roll of
one-half inch adhesive tape;
(e) one box of sterile
first aid dressings in sealed envelopes;
(f) first aid cream or
ointment.
(2) These shall be stored in a single cabinet
or kit, separate from food storage or household cleaning supplies or other
chemicals/poisons.
(3) Prescription medicines shall be supplied
and administered only as prescribed. They shall be properly labeled, and stored
separately from food, cleaning agents or other household chemicals and poisons.
After the prescribed course of treatment has been completed, leftover medicine
shall be disposed of in an appropriate manner.
G. Personal items:
(1) Each foster child shall be provided an
individual comb, toothbrush, night clothes, and under garments which shall not
be interchanged between children.
(2) Linens and bedding shall be stored and
maintained in a manner assuring that they will be clean. All linens and bedding
shall be laundered before use by another child.
H. Any animal, birds, and pets shall be
in good health with documentation of current vaccinations, and have a
temperament such that they will not be frightening or hazardous to foster
children.
I. Foster home space, furnishing and
sleeping arrangement:
(1) A foster home shall have a separate
bedroom for the foster parents and for any other adults living in or frequently
residing in the home. This shall not preclude a foster child under the age of
18 months from sleeping in the same room with his or her foster parents
provided that the bedroom space is available for the foster child when he or
she reaches the age of 18 months.
(2) There shall be a separate bed provided for
each foster child, except that two children of the same gender may sleep in the
same double bed.
(3) A foster child over the age of five years
shall not share a bedroom with another non-related child of the opposite
gender.
(4) The licensing agent may allow exceptions
to the sleeping arrangement requirements to permit placement of siblings
together in the same foster home.
(5) Sleeping quarters for foster children
shall be a contiguous part of the main family residential building or
apartment. Exceptions can be made for those children over 16 years of age who
are preparing for independent living.
(6) There shall be sufficient closet space or
furniture storage space to permit the sanitary storage of children’s clothes,
linens and bedding.
(7) Furnishings shall be clean and maintained
in a sanitary condition at all times.
J. Doors and locks:
(1) A foster home shall have at least two
designated exits that meet fire code standards.
(2) There shall be no interior door hardware
which makes it possible for a child to be locked inside. All privacy locks
shall be provided with emergency unlocking mechanisms.
K. Yard and play space:
(1) A foster home shall have access to a safe
indoor and outdoor designated play area.
(2) In areas which have a high density of
traffic or other hazards to children, the yard or play space shall be
adequately fenced for the children’s protection.
(3) All outdoor play space and toys, swings
and other outdoor equipment shall be maintained in a sound state of repair and
free of projecting sharp edges, splinters or other hazards to children.
L. Other safety issues:
(1) If the applicant operates an automobile,
he or she shall have automobile insurance as required by law and a valid
driver’s license. Motor vehicles shall have safety restraints as required by
law and shall have properly installed car seats for age appropriate children.
(2) For age appropriate children, a foster
home shall have safety gates and locking mechanisms for cabinets that contain
cleaning agents or chemicals.
(3) A foster home shall have at least one fire
extinguisher.
(4) A foster home shall have smoke detectors
appropriate for the square footage.
(5) A foster family shall develop a fire
evacuation plan.
(6)
A foster family shall provide to PSD or the agency contact information
for at least two locations (including one out of town location) where the
foster family would go in the event that a community evacuation is necessary.
(7) All weapons owned or acquired by a foster
family shall be stored and locked with ammunition stored separately as per the
PSD approved weapons safety agreement. The foster family shall provide a signed
copy of the PSD approved weapons safety agreement to the licensing agent.
(8) All
pool areas, including hot tubs, shall be adequately fenced or secured in order
to prevent the access of children when not accompanied by an adult. Spas or hot
tubs shall be securely covered to prevent the access of children when not in
use. Outdoor ponds shall not be within the immediate play area of children.
(9) Farm
and ranch equipment shall not be easily accessible to foster children as a
safety precaution. Farm animals shall be properly housed and secured as a
safety precaution.
(10) At initial licensure, the licensing agent
will check the list of properties on clandestine drug laboratories in New
Mexico website located on the New Mexico environment department homepage to
verify the home has not been listed as a contaminated property. This
verification shall be documented in the home study. Homes that are listed as
contaminated properties shall not be licensed. For homes that have been
previously licensed, the licensing agent shall check the clandestine drug
laboratories in New Mexico website at the time of re-licensure. If a home has not
been listed as a contaminated property, the licensing agent need not check the
home again in further re-licensure.
(11)
Smoking shall be prohibited in the house and in any vehicle used for
transporting foster children.
[8.26.4.13 NMAC - Rp, 8 NMAC 27.3.11, 5/29/09; A, 3/31/10;
A, 8/15/11]
8.26.4.14 FOSTER
AND ADOPTIVE PARENT TRAINING:
A. All foster and adoptive parent
applicants licensed by PSD and all foster care applicants licensed by child
placement agencies shall successfully complete the required pre-service
training prior to being licensed in New Mexico.
B. All foster and adoptive parents
licensed by PSD and all foster parents licensed by child placement agencies
shall participate in at least twelve hours of PSD or agency approved training
each year.
(1)
Foster parents licensed by PSD: Six of the twelve hours required
training hours shall be determined by the PSD foster care and adoption bureau.
The remaining hours shall be determined by the foster family and shall be
approved by their PSD worker. The PSD worker shall document training hours in
FACTS prior to annual re-licensure.
(2)
Foster parents licensed by child placement agencies: Child placement
agencies shall provide a minimum of twelve hours of training annually to their
licensed families. PSD may in its sole discretion mandate the specific topics
in those twelve hours.
[8.26.4.14 NMAC - Rp, 8 NMAC 27.3.12 & 8.27.2.15 NMAC,
5/29/09; A, 8/15/11]
8.26.4.15 INITIAL
FOSTER HOME LICENSE:
A. A foster home license shall be
granted or denied based upon the assessment and participation in the licensing
process. The issuance of a foster parent license is not an entitlement.
B. The applicant and adults living
in the home shall complete all licensing requirements before the home can be
licensed.
C. A license is only valid for the
physical location reviewed during the assessment of the application. Licensed
foster parents shall notify the licensing agent prior to moving to a new address.
If the new residence meets licensing standards, the licensing agent shall issue
a new license within 30 days for the remainder of the licensing period. A
foster home license is not transferable.
D. A foster home license shall be
valid for a period of two years from the date of issuance.
E. An initial foster parent
agreement outlining the stipulations of licensure shall be reviewed by the
licensing agent and the foster parent. Signing of the agreement is an
acknowledgement that the stipulations are understood and accepted by all
concerned. The initial agreement shall be signed prior to placing children in
the home.
F. The maximum number of children
in a foster home shall be determined by space limitations and the ability of
the foster parent(s) to provide for adequate physical and emotional care. For
homes licensed by PSD, a maximum number of six is recommended, and any more
than six children including children already living in the home must be
approved the PSD regional managers.
G. No foster home shall be concurrently
licensed or certified by more than one licensing entity, unless necessary for
the purpose of adoption with approval from the PSD director.
[8.26.4.15 NMAC - Rp, 8 NMAC 27.3.17 & 8.27.2.23 NMAC,
5/29/09; A, 8/15/11]
8.26.4.16 RELATIVE
FOSTER CARE:
A. Relatives who provide foster care to children in PSD
custody must be licensed.
B. A child in PSD custody may be placed on a provisional
basis with a relative provided that the PSD worker:
(1) completes the initial
relative assessment by collecting and assessing the following information:
(a) the child’s attitude toward the
prospective caregiver;
(b) the prospective caregiver’s attitude
toward the child and parents;
(c) the prospective caregiver’s motivation to
foster the child;
(d) the prospective caregiver’s ability to
safely parent the child;
(e) local background records check that does not
contain a disqualifying conviction;
(f) a check of nmcourts.com for a
disqualifying conviction;
(g) check of CYFD management information system
for a referral history with PSD; and
(h) completion of the physical standards
checklist;
(2) obtains supervisory
approval.
C. The safety of the child is the primary consideration.
If this is ever in conflict with the placement of the child with a relative,
PSD makes the placement decision in favor of the child’s safety.
D. A provisional license is limited to
60 days with one possible 30 day extension at the discretion of the PSD deputy
director. When a child is placed in the home under a provisional license, the
relative foster parents are expected to complete all requirements of foster
home licensing within 60 days of placement. Failure to meet these requirements
within the 60 day time frame shall result in the removal of the child.
[8.26.4.16 NMAC - Rp, 8.27.2.24 NMAC, 5/29/09; A, 8/15/11]
8.26.4.17 TYPE
OF LICENSES:
A. Provisional license: A provisional
license is a license issued by PSD to a relative upon satisfactory completion
of the relative initial assessment. A provisional license may be issued to
facilitate or expedite placement of a child with a relative. A provisional
license is valid for 60 days, with the possibility of one 30 day extension as
described herein at Subsection D of 8.26.4.16 NMAC.
B. Family foster home license: A two
year license issued by PSD only after all licensing requirements have been
completed.
C. Specialized foster home license: A
license issued by PSD to a family foster home in which at least one adult has
the PSD specified education or training necessary to care for a child needing
specialized care. Such homes are limited to no more than three special needs
certified children who need specialized care. When there are three special
needs children in placement, no other children shall be placed.
D. Treatment foster care license: A
license issued by a child placement agency to a family foster home to accept a
child requiring intensive services when the agency has met both the child
placement agency licensing regulations, and the treatment foster care standards
contained in Treatment Foster Care Services, Certification Requirements for
Child and Adolescent Mental Heath Services, 7.20.11.29 NMAC. PSD does not
license treatment foster care homes.
[8.26.4.17 NMAC - Rp, 8 NMAC 27.3.16, 5/29/09; A, 8/15/11]
8.26.4.18 UPDATES
AND RENEWAL OF FOSTER HOME LICENSE:
A. The licensing agent shall conduct an
annual review of each foster home to include:
(1)
documentation of completion of the training requirements as described
herein at Subsection B of 8.26.4.14 NMAC;
(2) a check of FACTS is
conducted on all adults living in the home;
(3) a check of
nmcourts.com shall be conducted on all adults living in the home;
(4)
a review of the agreement between the foster parent, licensing agency,
and PSD or child placement agency; the agreement shall be signed again to cover
the remainder of the licensing period or the new licensing period;
(5) a review of
placements made during the year, identification of strengths and training
needs, and a review of current policies affecting foster care; and
(6)
a review with the foster parent their duty to disclose any arrests or
abuse and neglect referrals.
B. Foster families must meet the
following re-licensure requirements every two years. The SAFE home study update
shall be used for re-assessment for re-licensure. The reassessment shall
include all requirements listed above in Paragraphs (1) - (5) of Subsection A
of 8.26.4.18 NMAC.
C. Before the end of the licensure
period, both foster parents and PSD or licensed child placement agency shall
ensure that all requirements are met to qualify the family for a renewed
license.
D. PSD or child placement agency foster
home licenses shall be issued every two years, if they continue to meet
requirements
[8.26.4.18 NMAC - Rp, 8 NMAC 27.3.17, 5/29/09; A, 8/15/11]
8.26.4.19 DENIAL,
REVOCATION, SUSPENSION, OR NON-RENEWAL OF A LICENSE:
A. Denial of a license:
(1) PSD or agency staff may deny an
applicant’s request for licensure based on a documented professional assessment
that the applicant cannot adequately provide safety, permanency, and well-being
for children or when in the professional opinion of the licensing agent,
conditions in the prospective foster home are not conducive to the fostering of
children.
(2) Applicant’s
may be denied licensure at any point in the licensing process. The applicant
shall be notified in writing of the denial within 10 days of the decision.
(3) Applicants who have
been denied an initial foster parent license may request an administrative
review of the reasons for the denial of the initial license. This is an
informal process completed by the licensing agent, which may include an
informal conference or record review. The administrative review does not create
any substantive rights for the family.
B. Revocation
or non-renewal of a license: A foster home license may be revoked or not
renewed by the licensing agent at any time for reasons which may include but
are not limited to:
(1) disqualifying
criminal records check results as described herein at Subsection D, E and F of
8.26.4.10 NMAC;
(2) disqualifying abuse
and neglect check results as described herein at Subsection C, D, E and F of
8.26.4.11 NMAC;
(3) failure to comply
with 8.26.2, 8.26.4, 8.26.5 NMAC and agency policies;
(4) failure to comply
with safety measures, including those requirements described herein at
8.26.4.13 NMAC;
(5) returning a child to
PSD or an agency without seeking support services provided by PSD or the agency
or community service providers in order to preserve the placement;
(6) refusal to comply
with case plan;
(7) inability to
adequately meet the needs the child;
(8) failure to include children in family
activities;
(9) overuse or
inappropriate use of respite care;
(10) failure to actively
preserve connections with foster children and their birth families and
community of origin such as:
(a)
siblings or other birth relatives;
(b)
church community; and
(c)
fictive kin, or the child’s friends;
(11) failure to demonstrate the ability to
provide emotional support during important developmental points in the course
of a child’s life;
(12) repeated refusals by
the family to accept children who have been matched for placements;
(13) failure to
participate in required training;
(14) failure to comply
with PSD decisions regarding the child’s safety, permanency, and well-being;
(15) abuse of substances
including but not limited to:
(a)
alcohol;
(b)
illegal drugs; or
(c)
prescription drugs or controlled substances;
(16) exposure of the
child to cigarette smoking and tobacco products; and
(17) a documented
professional assessment that continued licensure would be contrary to the
safety, permanency, and well-being of the child, or in the opinion of the
licensing agent that conditions in the foster home are not conducive to the
fostering of children.
C. Suspension of
a license: Suspension of a license can be voluntary or involuntary and
last not more than six months.
(1) Voluntary reasons for
suspension must be approved by the licensing agency and may include, but not
limited to:
(a)
medical conditions;
(b)
adoption; or
(c)
life changes within the household.
(2) Involuntary reasons
for suspension may include all the reasons described herein at Paragraphs (1) -
(17) of Subsection B of 8.26.4.19 NMAC, as well as:
(a)
screened-in abuse or neglect referrals; or
(b)
during the period of a professional development plan.
D. Notification: The foster family shall be notified in
writing, by return of receipt mail, of the proposed action and the reason for
revocation, involuntary suspension or non-renewal of the license and shall
provide the foster family the opportunity to request an appeal before an
impartial hearing officer appointed by or approved by the CYFD secretary where
the family has the opportunity to present evidence on their behalf and to be
assisted by counsel. The foster family shall request an appeal within 10 days
of receipt of the notification of the proposed action. If the family does not
request an appeal within the 10 days, then the decision to revoke, suspend or
not renew a license shall be final.
E. Reinstatement or reissuance or
license: A foster or adoptive family whose license has been
revoked, suspended, placed on probation, or not renewed may petition the
licensing agency that issued the license to have the license reinstated, or
reissued upon proof that the noncompliance with the rules have ceased.
[8.26.4.19 NMAC - Rp, 8.27.2.25 & 26 NMAC, 5/29/09; A,
3/31/10; A, 8/15/11]
8.26.4.20 CHANGES
IN HOUSEHOLD EFFECTING LICENSURE STATUS:
A. Licensed foster parents must notify their licensing
agent immediately of any circumstance that may impact their license. Such
circumstances may include but are not limited to:
(1) birth or death of household member;
(2) serious illness of household member;
(3) criminal arrest or conviction of any
household member;
(4) child abuse or
neglect referrals involving a household member;
(5) new person living in the home or a person
leaving the home; or
(6) change in address.
B. The licensing agent shall assess changes within the
foster home that may affect licensing status and take appropriate action based
upon the assessment.
C. Any adult intending to move into the
foster or adoptive home shall meet all licensing requirements prior to residing
in the home.
[8.26.4.20 NMAC - Rp, 8.27.2.27 NMAC, 5/29/09]
8.26.4.21 DOCUMENTATION
RELATED TO LICENSING OF FOSTER AND ADOPTIVE HOMES:
A. Maintenance
of records:
(1) Foster home parent
files: The agency and PSD shall maintain records concerning the evaluation of a
foster home, including but not limited to the application, assessment
information, recertification of information, releases of information, criminal
records and background checks, medical examination records, a copy of the
foster home license and correspondence. PSD and licensed agencies shall retain
records concerning the evaluations of a foster home for 10 years after the case
is closed. If an agency is closed or goes out of business, the agency shall
comply with the Child Placement Agency Licensing Standards currently codified
at 8.26.5.30 NMAC.
(2) Adoption files: The
agency, attorney, independent agent or PSD shall maintain records concerning
adoptive families, including the foster home parent file as described above at
Paragraph (1) of Subsection A of 8.26.4.21 NMAC, as well as adoption case
information including but not limited to the adoption decree, annual contact
reports, and adoption assistance agreements.
(a)
Finalized adoption cases: PSD and agencies shall retain finalized
adoption records in locked files for 100 years from the date of birth of the
youngest child. The agency may preserve records through microfilming or other
electronic measures. In the even an agency is closed or goes out of business,
the agency shall comply with the Child Placement Agency Licensing Standards
currently codified at 8.26.5.30 NMAC.
(b)
Disrupted or proposed adoptions not finalized: PSD and agencies shall
retain cases for five years after the case is closed. In the event an agency is
closed or goes out of business, the agency shall comply with the Child
Placement Agency Licensing Standards currently codified at 8.26.5.30 NMAC.
B. Confidentiality:
Under CYFD’s general rulemaking authority Section 9-2A-7 NMSA, the
confidentiality provisions of the New Mexico Children’s Code, 32A-3B-22 and
32A-4-33, the specific authority related to certification of foster homes,
Section 40-7-4 (D) and the Adoption Act, 32A-5-6 and 32A-5-8 NMSA, all client
case records and client identifying information including foster and adoptive
families, and applicant files are confidential and may not be publicly
disclosed.
(1) Release in response to court order: PSD
and agencies may release such files only upon a valid court order provided that
confidential criminal and abuse and neglect information may not be released,
unless a court order specifically orders such a release.
(2) Release to another agency that is
considering a previously licensed family for licensure: An agency that has
licensed a foster or adoptive family may release assessment information and the
home study to any agency that is considering the foster or adoptive family for
licensure, upon receipt of the signed notification by the foster family of its
licensure history with previous agencies as described herein at Paragraph (9)
of Subsection B of 8.26.4.9 NMAC.
C. Foster or adoptive parents files:
(1) Upon request foster
or adoptive parents shall be allowed to review their own file with the
exception of letters of reference and the identity of any abuse or neglect
report source regarding the foster or adoptive parents. Copying the file is not
permitted.
(2) PSD shall provide an
unofficial copy of the home study to the foster or adoptive family upon written
request to PSD.
(3)
Foster or adoptive parents may purchase an official copy of their home
study for reasonable fee to be determined by the PSD director.
[8.26.4.21 NMAC - Rp, 8.27.2.30 NMAC, 5/29/09; A, 8/15/11]
HISTORY OF 8.26.4 NMAC:
Pre-NMAC History: The
material in this part was derived from that previously filed with State Records
Center and Archives under:
HSSD 75-7, Minimum Requirements for Licensing of Child
Placement Agencies, 9/15/75.
SSD 5.3.0, Substitute Care for Children - Department
Responsibilities, filed 8/22/86;
SSD 5.3.0, Substitute Care for Children - Department
Responsibilities, filed 1/29/87;
SSD 5.3.0, Substitute Care for Children - Department
Responsibilities, filed 11/18/87;
SSD 5.3.0, Substitute Care for Children - Department
Responsibilities, filed 6/14/88;
SSD 5.3.0, Substitute Care for Children - Department
Responsibilities, filed 8/22/88;
SSD 5.3.0, Substitute Care for Children - Department
Responsibilities, filed 9/18/90;
SSD 5.3.0, Substitute Care for Children - Department
Responsibilities, filed 3/15/91;
SSD 5.4.0, Substitute Care for Children - Licensing
Standards for Foster Homes, 8/22/86.
SSD 5.4.0, Substitute Care for Children - Licensing
Standards for Foster Homes, 1/29/87.
SSD 5.4.0, Substitute Care for Children - Licensing
Standards for Foster Homes, 6/18/87.
SSD 5.4.0, Substitute Care for Children - Licensing
Standards for Foster Homes, 11/18/87.
SSD 5.4.0, Substitute Care for Children - Licensing
Standards for Foster Homes, 8/22/88.
SSD 5.4.0, Substitute Care for Children - Licensing
Standards for Foster Homes, 3/28/89.
SSD 5.4.0, Substitute Care for Children - Licensing
Standards for Foster Homes, 3/20/90.
SSD 5.4.0, Substitute Care for Children - Licensing
Standards for Foster Homes, 9/18/90.
SSD 5.4.0, Substitute Care for Children - Licensing
Standards for Foster Homes, 3/15/91.
SSD 5.5.0, Foster Care Child Placement Agency Licensing
Regulations, 12/7/89.
History of Repealed Material:
8 NMAC 27.2, Foster Parenting, filed 6/16/1997 - Repealed
2/14/2001.
8.27.2 NMAC, Foster Parenting, filed 2/1/2001 - Repealed
7/15/2004.
8.27.2 NMAC, Foster Parenting, 7/2/2004 - Repealed effective
11/15/2005.
8.27.2 NMAC, Foster Parenting, filed 11/1/2005 - Repealed
effective 5/29/2009.
8 NMAC 27.3, Licensing Standards for Foster Care, filed
January 13, 1997 - Repealed effective May 29, 2009.
