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8.26.2NMAC


Published: 2015

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TITLE 8               SOCIAL

SERVICES

CHAPTER

26     FOSTER CARE AND ADOPTION

PART

2                 PLACEMENT SERVICES

 

8.26.2.1                 ISSUING AGENCY:  Children, Youth and Families

Department (CYFD), Protective Services Division (PSD).

[8.26.2.1 NMAC - Rp, 8.26.2.1 NMAC,

5/29/09]

 

8.26.2.2                 SCOPE: 

Protective services division employees, CYFD

licensed foster and adoptive families, and the general public.

[8.26.2.2 NMAC - Rp, 8.26.2.2 NMAC,

5/29/09]

 

8.26.2.3                 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.

[8.26.2.3 NMAC - Rp, 8.26.2.3 NMAC,

5/29/09]

 

8.26.2.4                 DURATION:  Permanent.

[8.26.2.4 NMAC - Rp, 8.26.2.4 NMAC,

5/29/09]

 

8.26.2.5                 EFFECTIVE DATE:  May 29, 2009, unless a later

date is cited at the end of a section.

[8.26.2.5 NMAC - Rp, 8.26.2.5 NMAC,

5/29/09]

 

8.26.2.6                 OBJECTIVE: 

To establish standards for the provision of

foster care adoption services for children in PSD custody and for families who

are seeking to foster and adopt, or current foster parents who want to adopt

those children.

[8.26.2.6 NMAC - Rp, 8.26.2.6 NMAC,

5/29/09]

 

8.26.2.7                 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appeal” is a formal hearing for families whose license has been revoked,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 that may include an informal conference or 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.            “Adoption subsidy” is a third

party payment program that may include reimbursement for adoption related

expenses, monthly maintenance payments, medical provisions, or payments for

pre-approved expenses for pre-existing conditions.

                F.            “Adoption tax credit” is a federal or state tax credit program that

may be available to families who adopt children from foster care.

                G.            “Adoptive home” refers to:

                                (1)           a foster

home licensed by PSD or a licensed child placement agency who chooses to adopt a

foster child; or

                                (2)           a family

approved by a private agency or a licensed individual to adopt a child.

                H.            “Age appropriate activities and items” means an activity or item that is generally accepted as suitable

for a child of the same age or level of maturity based on the child’s

cognitive, emotional, physical, social and behavioral capacities.

                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.             “Best interest adoptive placement” is the adoption placement

considered by PSD staff to be the most appropriate placement to meet the

child’s needs and best interest.

                K.            “Case management team” means

the group of individuals with responsibility for implementing the case plan

which may include PSD staff, parents or relatives, and the child if age

appropriate.

                L.            “Community service providers”

refers to organizations or individuals that provide support services to

families, and may include CYFD contractors or any public or private agency or

individual.

                M.           “Concurrent plan” means a second permanency plan of

adoption or guardianship in addition to the primary permanency plan of

reunification.

                N.            “Consent to adoption” is a document signed by the adoptee if the child is 14 of age or

older consenting to the adoption.

                O.            “Conversion

adoption” refers to an adoption in which the child’s foster parents have

adopted the child.

                P.            “CYFD”

means the New Mexico children, youth and families department.

                Q.            “Disruption” means the

removal of a child by CYFD from a pre-adoptive home after an adoptive agreement

has been signed, but prior to the finalization of the adoption.

                R.            “Dissolution” means the legal termination of an adoption.

                S.             “Fictive kin” is a person not related by birth or marriage

who has a significant relationship with the child.

                T.            “Foster care provider”

refers to a person or entity licensed by CYFD, licensed by another state’s

child welfare agency, or a licensed child placement agency to provide foster

care services including respite, non-relative, relative, or treatment foster

care.

                U.            “Foster child” as referred to

as “child” herein, means 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.

                V.            “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 are 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.

                W.           “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.

                X.            “Foster parent bill of rights” is a statement of PSD’s responsibilities to foster parents.

                Y.            “Freed for adoption” means

all parental rights are terminated and all time for appeal is exhausted.

                Z.            “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.

                AA.         “Individualized adoption plan (IAP)” is an individualized and

specific recruitment plan developed by PSD staff for children who have a plan

of adoption.

                BB.         “Initial relative or fictive kin

assessment” is an in-home assessment of relative or

fictive kin completed by the child’s caseworker to determine suitability for

provisional licensure.

                CC.         “Life book” is a combination of

documents that remains with the child that may include photos, letters,

correspondence, development milestones, memorabilia and other items related to

the child’s life.

                DD.         “Maintenance payments” are

payments designed to reimburse foster care providers for the cost of food,

clothing, shelter, daily supervision, school supplies, a child’s personal

incidentals, and reasonable travel required to address the child’s needs.

Maintenance payments are not considered income.

                EE.         “Non-conversion

adoption” refers to an adoption in which a child is placed in a

pre-adoptive home, for the purpose of adoption, which did not serve as a foster

home for the child.

                FF.          “Non-recurring adoption expenses

(NRAE)” are reasonable and necessary

adoption fees that may include transportation, food and lodging for the child

and adoptive parent, court costs, attorney fees and other expenses which are

directly related to the legal adoption of a child with special needs and which

have not been reimbursed from other sources or funds.

                GG.        “Post

adoption contact agreement (PACA)” is an agreement between the birth and

adoptive families regarding contact between them after the adoption has been

finalized.

                HH.        “Post

placement support services” are services intended to strengthen families

and support adoptive placement provided by PSD staff, or community service

providers to children in custody and their pre-adoptive families to enhance the

family’s capacity to care for the child, assure the stability of the placement,

and help the family meet the requirements to finalize the adoption.

                II.            “Post decree support services” are services provided by PSD staff or

community service providers to children and families who have finalized an adoption

to enhance the family’s capacity to care for the child and support family

functioning.

                JJ.          “Pre-adoptive

home” refers to a family who has signed the adoption agreement to adopt a

foster child, but the adoption has yet to finalize.

                KK.        “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.

                LL.         “PSD custody” means custody of

children as a result of an action filed under the New Mexico Children’s Code,

Sections 32A-4-1 NMSA 1978 or 32A-3B-1 NMSA 1978.

                MM.       “Reasonable and prudent parent standard” means the standard of care characterized by careful, nurturing and

thoughtful decision-making by the foster parent or out of home provider that is

intended to maintain a child’s health, safety, 

culture or cultural identity and best interests while encouraging the

child’s emotional, social and developmental growth.

                NN.         “Relative”

means a

person related to another person by birth, adoption or marriage within the

fifth degree of consanguinity.

                OO.        “Transition

calendar” refers to the calendar which is developed once the family has

accepted the child for an adoptive placement.

                PP.          “Traveling file” includes copies

of the medical and educational records related to the foster child. The

traveling file shall remain with the child.

[8.26.2.7 NMAC - Rp, 8.26.2.7 NMAC,

5/29/09; A, 3/31/10; A, 9/29/15]

 

8.26.2.8                 PURPOSE OF PLACEMENT SERVICES: 

The purpose of placement services is to recruit,

support and retain safe and stable families willing to make life long

commitments to foster children and their families, to create permanent families

for children requiring adoption, and to ensure a child’s safety, permanency,

and well-being.

[8.26.2.8 NMAC - Rp, 8.26.2.8 NMAC,

5/29/09]

 

8.26.2.9                 CHILD ELIGIBILITY CRITERIA AND

WAITING LIST:

                A.            A child is eligible for

foster care and adoption services when in PSD custody under a court’s

jurisdiction or through a voluntary placement agreement.

                B.            There are no waiting lists

for eligible children.

[8.26.2.9 NMAC - Rp, 8.26.2.10 & 13

NMAC, 5/29/09]

 

8.26.2.10               RECRUITMENT AND INQUIRIES FOR PSD

FAMILIES:

                A.            PSD recruits foster and adoptive families and responds to inquiries from

individuals interested in becoming foster or adoptive parents. PSD provides

general information regarding the special needs of children requiring foster

care and adoption, and makes attempt to identify and locate relatives for

consideration of placement.

                B.            PSD completes an annual

recruitment plan to recruit foster and adoptive families. The recruitment plan,

at a minimum, addresses the following:

                                (1)           information about the characteristics and needs of available

children;

                                (2)           information about the nature of the foster care and adoption

process; and

                                (3)           information about the cultural, racial, and ethnic identity

of children in the population.

                C.            PSD may coordinate adoption events

in order to create permanent families for children in PSD custody with a plan

of adoption. Only licensed adoptive families may attend these events. Children

who are freed for adoption or who have a plan of legal risk adoption may attend

these events.

[8.26.2.10 NMAC - Rp, 8.26.2.14 NMAC,

5/29/09]

 

8.26.2.11               RIGHTS OF FOSTER PARENTS:

                A.            PSD shall share records or

information about the social, medical, psychological or educational needs of a

child in PSD custody to a foster parent who is considering a child for

placement to make an informed decision regarding the placement.

                B.            PSD staff shall provide updated

information regarding the status of a child’s case to the foster parent, upon

request of any confidential records or information concerning the child’s

social, medical, psychological or educational needs pursuant to the New Mexico

Children’s Code 32A-4-33 NMSA 1978.

                C.            Foster parents shall maintain

confidentiality of all information regarding the foster child and the child’s

family as described herein at 8.26.2.12 N, NMAC.

                D.            PSD shall inform foster parents

of their right to receive notice of and be heard at any court proceeding held

with respect to the child placed in the home.

                E.            PSD shall provide each foster parent

with a cop of the foster parent bill of rights.

[8.26.2.11 NMAC - Rp, 8 NMAC 27.3.24,

5/29/09]

 

8.26.2.12               ROLES AND RESPONSIBILITES OF

FOSTER PARENTS:

                A.            Foster parents are considered

integral members of a professional team dedicated to the critical

responsibility of providing safety, permanency and well-being for children who

have been abused or neglected. As such, foster parents shall be active

participants in case planning for foster children. The foster parent shall work

closely with PSD staff to implement the service plan for each foster child

including visitation for each foster child.

                B.            Foster families support the

preservation of connections for foster children in their care. Preserving

connections may include the development of a long-term supportive relationship

with foster children and their foster families even after the child has been

discharged from care.

                C.            Foster care providers shall adhere

to applicable PSD policy and procedure, including the reasonable and prudent

parent standard.

                D.            Foster parents shall not use words,

language, gestures, either directed at the foster child or made within a foster

child’s sight or hearing, which disparage the foster children’s parents,

relatives or the child’s cultural heritage. Foster parents shall encourage the

child to recognize and accept such strengths and achievements of their family

as honestly identified.

                E.            Prohibited forms of discipline shall

include, but are not limited to the following: corporal punishment such as

shaking, spanking, hitting, whipping, or hair or ear pulling; isolation; forced

to exercised; denial of food, sleep or approved visits or contact with parent;

verbal assaults which subject the child to ridicule or which belittle the child

or the child’s family, gender, race, religious preference, sexual orientation

or cultural identity. The child shall not be excluded from the foster family

and shall not be threatened with exclusion from the foster home as punishment.

The child shall not be locked in a room or closet.

                F.            The foster parent may serve as a the child’s educational decision maker to protect the

foster child’s educational rights and act as the student’s advocate in the

educational decision making process if appointed by the court.

                G.            When appointed by the New Mexico

department of health family, infant and toddler program director, the foster

parent may serve as a the child’s decision maker to represent the special needs

of a child in all matters related to the early intervention and evaluation

assessment and treatment for the child in the event the parent is unable or

unwilling to act in that capacity.

                H.            Foster parents shall return all

of a child’s belongings when he or she moves to another placement, including

the return home.

                I.             Foster parents shall not

release a foster child to anyone without the authorization of PSD, except when

pursuant to the reasonable and prudent parent standard defined at 8.26.2.7 MM

NMAC. Foster children may also be surrendered to the custody of a law

enforcement officer.

                J.             Foster parents shall adhere to

all statutes and regulations applicable to the provision of foster care,

including but not limited to child labor laws, public health laws, mandatory

school attendance, and motor vehicle laws.

                K.            Foster

parents shall provide PSD with any documents they obtain with respect to the

foster child’s legal status, health needs or care, service planning, school

progress or other relevant documents.

                L.            Foster parents

shall maintain copies of all educational and medical documents related to the

foster child in a traveling medical and educational file that shall remain with

the child if the child is moved.

                M.           Foster parents, in cooperation with

PSD staff, shall create or maintain a life book for each child in their care

that shall remain with the child if the child is moved.

                N.            The foster parent shall maintain the

confidentiality of all information regarding the foster child and the child’s

family pursuant to the New Mexico Children’s Code 32A-4-33 NMSA 1978. The

unlawful public disclosure of such confidential information is a misdemeanor

under New Mexico criminal law.

                O.            Foster parents shall immediately

report any signs, symptoms indications or risk of abuse or neglect to any child

to PSD statewide central intake (SCI) or law enforcement.

                P.            Pursuant to the reasonable and

prudent parent standard, foster parents may consent to the use of their own

personal vehicle by a foster child, and shall assume all civil and financial

liabilities applicable to the foster child’s operation of a motor vehicle.

Foster parents shall provide to PSD written documentation that all requirements

have been met, including insurance coverage for any vehicle driven by the

foster child.

                Q.            Foster parents shall complete

the foster parent report form provided by PSD regarding the child’s well-being

and progress and submit it to their PSD worker monthly.

[8.26.2.12 NMAC - Rp, 8 NMAC 27.3.25 &

8.27.2.29 NMAC, 5/29/09; A, 9/29/15]

 

8.26.2.13               APPLICATION OF THE REASONABLE AND

PRUDENT PARENT STANDARD

                A.            PSD shall make efforts to

normalize the lives of children in PSD’s custody and to empower caregivers to approve

a child’s participation in activities, based on the caregiver’s own assessment

using a reasonable and prudent parent standard, without prior approval of PSD.

                B.            Foster

care providers shall not require advance permission from PSD to apply the reasonable

and prudent parent standard to decisions about the care of a child.

                C.            In

applying the reasonable and prudent parent standard, the foster parent shall

consider the following:

                                (1)           the

desires of the child including, but not limited to, cultural identity,

spiritual identity, gender identity, and sexual orientation;

                                (2)           the child’s age, maturity and developmental level;

                                (3)           potential risk factors and the appropriateness of the

activity;

                                (4)           the best interests of the child based on the foster care

provider’s knowledge of the child;

                                (5)           the

importance of encouraging the child’s emotional and developmental growth;

                                (6)           the terms of any court orders and any

case plan applying to the child;

                                (7)           the values and preferences of the child’s biological parent

or parents, if appropriate;

                                (8)           whether the decision would bring about a permanent (e.g.

tattoo) rather than a transient change to the child.

                                (9)           the importance of providing the child with the most safe and

affirming family-like and culturally relevant living experience possible;

                                (10)         the legal rights and responsibilities of the child,

including the youth bill of rights and responsibilities;

                                (11)         Americans

with Disabilities Act

                D.            Age

and developmentally appropriate activities that may be the subject of decisions

under the reasonable and prudent parent standard include, but are not limited

to, the following:

                                (1)           a cultural, social, or enrichment activity or support that

fosters positive identity development;

                                (2)           a sleepover of one or more nights;

                                (3)           participation in sports or social activities, including

related travel;

                                (4)           obtaining a driver’s license and conditions for driving of a

vehicle;

                                (5)           allowing the child to travel in other person’s vehicle;

                                (6)           possession and use of a cell phone;

                                (7)           obtaining a job or working for pay (e.g. babysitting, yard

work, etc.)

                                (8)           recreational

activities (including, but not limited to, such activities as boating,

swimming, camping, hunting, cycling, hiking, horseback riding).

                E.            Foster

parents may consult with the PSD worker when uncertain or uncomfortable with a

decision under their consideration.

                F.            In

situations in which a child age 14 or older disagrees with a decision made

under the prudent parent standard, the child shall request a review of the

decision in writing. The decision shall be reviewed by a neutral three-person

panel. This process does not preclude any party from seeking a court order

regarding the decision.

                G.            PSD

shall seek appropriate statutory change to ensure that foster parents and other

substitute care providers are shielded from liability when they act in

accordance with the reasonable and prudent parent standard. In the meantime,

CYFD will hold harmless and defend its licensed foster care providers in

situations where they have acted and made decisions in accordance with the

reasonable and prudent parent standard.

[8.26.2.13 NMAC - N, 9/29/15]

 

8.26.2.14               HEALTH SERVICES FOR FOSTER

CHILDREN:

                A.            The foster parent shall

observe daily the foster child’s behavior and signs of emotional or physical

health problems. Any concerns shall be reported to PSD immediately.

                B.            There shall be a

designated license physician and dentist for each child so that a coordinated

plan of care is assured. Foster parents shall obtain medical attention for any

sick or injured child. Foster parents, in their role as an adjunct

representative of state government, shall not rely solely on spiritual or

religious healing for foster children.

[8.26.2.14 NMAC - Rp, 8.26.2.13 NMAC,

9/29/15]

 

8.26.2.15               EDUCATIONAL SERVICES FOR FOSTER

CHILDREN:

                A.            Foster parents shall assist

PSD in meeting the child’s educational requirements, and in transporting the child

to school he or she attended at the time of placement when necessary and

reasonable. Foster parents shall ensure that the foster child attend school.

Foster children may not be home schooled.

                B.            Foster parents shall actively

advocate for the foster child’s interest in the school setting, including

seeking evaluations of the child’s abilities and placement in any special

education programs appropriate to the child’s needs. Foster parents shall

attend school conferences and activities when appropriate. Foster parents shall

report significant educational information to PSD.

[8.26.2.15 NMAC – Rp, 8.26.2.14 NMAC,

9/29/15]

 

8.26.2.16               FOSTER CARE MAINTENANCE PAYMENTS:

                A.            Reimbursement:

Foster care providers shall receive reimbursement for the care and support of a

child in PSD custody placed in their home. Rates are established through

legislative appropriation based on the age and needs of the child.

                B.            Foster

parents receiving CYFD foster care and support maintenance payments shall use

these funds for the care and support of the identified child in their care, and

shall not be considered a source of income and is not recognized as income when

filing taxes.

                C.            PSD shall advise foster parents that

they should consult a tax advisor to determine if foster children in their home

may be considered eligible for a federal tax credit under the Internal Revenue

Code.

[8.26.2.16 NMAC – Rp, 8.26.2.15 NMAC,

9/29/15]

 

[8.26.2.17              MONITORING AND SUPPORT:

                A.            PSD monitors foster and adoptive

homes licensed by PSD.

                B.            At a minimum, when a child is

placed in the home, PSD placement staff shall:

                                (1)           visit the

foster or adoptive parent in the home within five of each new placement;

                                (2)           conduct a home visit to the foster or

adoptive parent once a month for the first three months following placement;

                                (3)           conduct a

home visit to the foster or adoptive parent at least every three months, and

make phone contact at least every 30 days thereafter.

                C.            At a minimum, when a child is not

placed in the home, PSD placement staff shall conduct a home visit to the

foster parent every three months and have monthly phone contact.

                D.            PSD receives documents and

investigates all reported licensing violations and reports of maltreatment in

foster care.

                E.            PSD placement staff may continue to

have contact with a foster family it license that is under investigation for

allegations of child abuse or neglect, but is prohibited from action in such a

manner that may interfere with any ongoing civil or criminal investigation.

                F.            PSD may develop and implement a

professional development plan to include training and professional development

opportunities to address parenting needs, or licensing and policy infractions.

At no time is the safety of a foster child compromised to allow for a foster

parent to participate in a professional development plan.

                G.            Relative foster homes receive

the dame monitoring and support afforded to non-relative foster homes.

                H.            Additional support services may

be available from community service providers or PSD staff.

[8.26.2.17 NMAC - Rp, 8.26.2.16 NMAC,

9/29/15]

 

8.26.2.18               INVESTIGATIONS OF ABUSE AND

NEGLECT REFERRALS AND POLICY VIOLATIONS:

                A.            Any CYFD employee suspecting child abuse or neglect in a foster parent home

makes a report as set forth in Protective Services Intake policy, 8.10.2

NMAC.  PSD staff who suspects, has

knowledge of, or receives an allegation about a foster parent violating CYFD

policy or licensing regulations shall immediately notify the placement

supervisor.

                B.            Investigations of abuse and neglect

referrals in foster homes:

                                (1)           PSD shall investigate all screened-in

reports of allegations of abuse or neglect regarding children in accordance with

protective services investigation policy and procedure.

                                (2)           If a screened-out report involves a

child in PSD custody, the child’s worker shall conduct a safety assessment of

the placement.

                                (3)           No new placement may be made in the

home during a pending investigation. Existing placements in the home shall be

evaluated for safety. The decision as to whether to maintain placement shall

depend on the continued safety of any child.

                                (4)           Based upon the results of the

investigation of the abuse or neglect referral, PSD may take one or more of the

following actions:

                                                (a)           continue the

placement, implementing a professional development and safety plan, if

appropriate;

                                                (b)           terminate

the placement; or

                                                (c)           determine if

the family shall continue to be licensed as a PSD foster family.

                C.            Investigations of CYFD policy

violations:

                                (1)           The placement worker shall assess any

allegations that the family has violated CYFD policy or licensing regulations.

                                (2)           Based upon the results of the

investigation of the alleged policy violation, PSD may take one or more of the

following actions:

                                                (a)           continue the

placement, implementing a professional development and safety plan, if

appropriate;

                                                (b)           terminate

the placement; or

                                                (c)           determine if

the family shall continue to be licensed as a PSD foster family.

                D.            PSD shall notify the foster parent in writing, by return of receipt mail,

of the results and PSD actions of any substantiated abuse and neglect

investigation or policy violations.

                E.            The results of any substantiated abuse and

neglect investigation or policy violation, which is not the subject of court

action, may be reviewed through CYFD’s administrative review process. The

foster family may request an administrative review within ten days of receiving

the written notice.

[8.26.2.18 NMAC - Rp, 8.26.2.17 NMAC,

9/29/15]

 

8.26.2.19               CRISIS INTERVENTION:

                A.            PSD staff may develop and implement

a crisis intervention plan to prevent the disruption of a foster or adoptive

placement and strengthen the family’s capacity to care for the child.

                B.            If disruption is unavoidable, PSD staff focuses on minimizing the trauma

to the child. After a disruption, PSD staff re-assesses the permanency plan for

the child and child’s placement and service needs.

[8.26.2.19 NMAC - Rp, 8.26.2.18 NMAC,

9/29/15]

 

8.26.2.20               POST ADOPTION CONTACT AGREEMENT

(PACA): PSD

facilitates the negotiation of post adoption contact agreements.

[8.26.2.20 NMAC - Rp, 8.26.2.19 NMAC,

9/29/15]

 

8.26.2.21               BEST INTEREST ADOPTION PLACEMENT:

                A.            When a child’s permanency plan

becomes adoption, the child is referred to a PSD adoption consultant for the

purposes of identifying a potential adoptive family. If an adoptive family is

not identified, an individualized adoption plan is developed for the child.

                B.            The best interest of a child is

paramount in identifying an adoptive family for a child. PSD makes reasonable

efforts to place siblings together in the same adoptive home, unless PSD

documents that such a joint placement would be contrary to the safety and well-being

of any of the children in the sibling group. PSD will not separate siblings

solely because an adoptive placement is available for one or more children, but

not the entire group.

                C.            When a family is identified, placement staff will schedule a best interest

placement staffing.

                D.            Children aged 14 years or older

must consent to the adoption.

                E.            The placement of a child shall not

be delayed or denied based on the race, color, sex, gender identity, sexual

orientation, mental or physical handicap, ancestry, or national origin of the

adoptive parent or child involved.

                F.            For

Native American children, the Indian Child Welfare Act (ICWA) adoption

preferences shall be followed pursuant to the Adoption Act, 32A-5-5 NMSA 1978.

[8.26.2.21 NMAC - Rp, 8.26.2.20 NMAC,

9/29/15]

 

8.26.2.22               FULL DISCLOSURE:

                A.            Prior

to placement, PSD staff shall provide full disclosure about the child to the

foster or adoptive family, and continue to provide full disclosure throughout

the case and after finalization of the adoption, provided the information does

not reveal information that would identify the biological family. Pursuant to

the New Mexico Children’s Code, Section 32A-5-3 N NMSA 1978, full disclosure

information includes:

                                (1)           health history;

                                (2)           psychological history;

                                (3)           mental history;

                                (4)           hospital history;

                                (5)           medication history;

                                (6)           genetic history;

                                (7)           physical description;

                                (8)           social history;

                                (9)           placement history; and

                                (10)         education.

                B.            All

records, whether on file with the court, an agency, PSD, an attorney or other

provider or professional services in connection with an adoption are

confidential pursuant to the New Mexico Children’s Code, Section 32A-5-8 NMSA

1978. A person who intentionally and unlawfully release any information or

records closed to the public pursuant to the Adoption Act or releases or make

other unlawful use of records in violation of that act is guilty of a petty

misdemeanor.

                C.            Documentation

provided for the purpose of full disclosure shall remain the property of the person

making the full disclosure when a prospective adoptive parent decides not to

accept a placement. Immediately upon refusal of the placement, the prospective

adoptive parent shall return all full disclosure documentation to the person

providing the full disclosure. A prospective adoptive parent shall not make

public any confidential information received during the full disclosure

process, but may disclose such information only as necessary to make an

informed placement decision, or to the child’s guardian ad litem or youth

attorney.

[8.26.2.22 NMAC - Rp, 8.26.2.21 NMAC,

9/29/15]

 

8.26.2.23               PRE-PLACEMENT ACTIVITIES FOR

NON-CONVERSION ADOPTIONS:

                A.            PSD placement staff in

coordination with the child’s worker shall develop a calendar for the

transition of the child to the adoptive home, except in the event a foster parent decide to adopt the child.

                B.            PSD staff and the adoptive family

shall review and sign a placement agreement when the child is placed in the

home.

                C.            Placement staff becomes responsible for

the case form placement in the adoptive home until finalization of the

adoption.

[8.26.2.23 NMAC - Rp, 8.26.2.22 NMAC,

9/29/15]

 

8.26.2.24               FOSTER HOME ADOPTIONS:

                A.            PSD shall attempt to place foster

children with concurrent plans of adoption in foster homes which have been

identified as concurrent families.

                B.            PSD completes the pre-placement home

study for foster parents and treatment foster parents who have been selected as

adoptive parent for children in PSD custody.

[8.26.2.24 NMAC - Rp, 8.26.2.23 NMAC,

9/29/15]

 

8.26.2.25               ADOPTION ASSISTANCE:

                A.            The purpose of adoption

assistance is to support the adoption of a foster child who meet

special-needs criteria by providing financial assistance or medical coverage to

support families in meeting the needs of the child. PSD verifies whether a

child has special needs according to the following criteria:

                                (1)           the child cannot or should not be returned to the home of

the parents;

                                (2)           there is documentation of at least one of the following

factors or conditions that make it reasonable to conclude that the child cannot

be placed for adoption without providing adoption assistance:

                                                (a)           the child is age five or older, or

                                                (b)           the child has a diagnosed physical, developmental, or

psychological or emotional condition requiring medical or mental health

intervention, or

                                                (c)           the child is a member of a minority group, or

                                                (d)           the child is part of a sibling group that will be placed

together; and

                                (3)           a reasonable, but unsuccessful, effort has been made to

place the child without adoption assistance, unless such effort would be

against the best interests of the child

                B.            A child may be eligible for state funded adoption assistance or Title

IV-E adoption assistance. If a child is not determined to meet special needs

criteria, then the child shall not be eligible for any adoption assistance.

                C.            Initial adoption agreement:

                                (1)           PSD shall negotiate

adoption assistance based on the family’s circumstances and any special needs

of the child. The monthly adoption maintenance payment may not exceed the

maximum monthly amount that was paid for the child in foster care.

                                (2)           Types of assistance

available:

                                                (a)           Maintenance:

Monthly adoption assistance maintenance payments for the eligible child shall

be utilized to meet the child’s existing day to day needs and is not considered

income. Monthly adoption assistance maintenance payments are terminated on the

child’s eighteenth birthday.

                                                (b)           Medical:

Medical adoption assistance may be made on behalf of a child and shall cover

only those pre-approved, pre-existing conditions that are not covered by the

family’s private or group medical insurance or medicaid,

and does not include co-payments or deductible for which the patient is

responsible. Medicaid is available in accordance with the laws, regulations or

procedures of the state in which the child resides. Medical assistance may be

extended until the child is 21 years of age, if the child is certified

medically fragile by the New Mexico department of health.

                                (3)           Interstate

placement: When the adoption of the child involves interstate placement, the

state that enters into the adoption assistance agreement shall be responsible

for paying the non-recurring adoption expenses of the child. In cases in which

there is interstate placement, but no agreement for adoption assistance, the

state in which the final adoption decree is issued shall be responsible for

paying the non-recurring expenses if the child meets the requirements.

                                (4)           With placement worker approval, the adoptive family may be

reimbursed for non-recurring adoption expenses (NRAE) up to $2000.00 per child

in PSD custody. NRAE may include transportation and other reasonable expenses

such as lodging and food for the child and adoptive parents that are not

otherwise reimbursed. NRAE are not reimbursable in the event the adoption does

not finalize. There is no income eligibility requirement for adoptive parents

in determining whether payments for non-recurring expenses of adoption shall be

made. However, parents cannot be reimbursed for out-of-pocket expenses for

which they have otherwise been reimbursed.

                                (5)           An adoptive family may receive a one-time only subsidy for legal

services leading to the finalization of an adoption based on the adoption case

regardless of number of siblings.

                D.            Prior

to adoption finalization, the placement worker and the adoptive family shall

sign the adoption assistance agreement that specifies adoption assistance and

NRAE. Each Title IV-E subsidy agreement shall be completed and signed prior to

the adoption finalization to be valid.

                E.            By signing the adoption

assistance agreement, the adoptive parent agrees to immediately notify PSD of

any of the changes listed below:

                                (1)           the adoptive parent is no longer legally responsible for the

child;

                                (2)           the adoptive parent is no longer financially responsible for

the child;

                                (3)           change of address, phone numbers, or email addresses;

                                (4)           change

in the child’s name and social security number;

                                (5)           change

in the family’s needs or circumstances;

                                (6)           change in electronic funds deposit information;

                                (7)           the adoptive child no longer lives with the adoptive

parents; or

                                (8)           the death of an adoptive child.

                F.            Annual contact: On an annual basis PSD shall provide the adoptive family

a form to complete and return to PSD attesting to the following:

                                (1)           the family continues to have financial and legal

responsibility for the child; or

                                (2)           that the adopted child is a full time elementary or

secondary student (or has completed secondary school). If the child is

incapable of attending school on a full time basis due to medical condition,

the adoptive parent must submit to PSD regularly updated medical information to

support such incapability. The parent must certify one of the following:

                                                (a)           that the child is enrolled (or is in a timely process of

enrolling) in an institution that provides elementary or secondary

education  and meets school attendance

requirements in accordance with state law;

                                                (b)           that the child is being home schooled in an elementary or

secondary school program that complies with state law; or

                                                (c)           that the child is in an independent study elementary or

secondary school program  that complies with

state law and is administered by the local school or school district.

                                (3)           the child is or is not covered by private medical insurance.

                G.            Adoption assistance shall be

terminated based upon any of the following events:

                                (1)           the child reaches 18 years of age, except in the event of

medically fragile certification;

                                (2)           PSD

determines that the adoptive family is no longer legally responsible for the

child; or

                                (3)           PSD

determines that the adoptive family is no longer providing any support to the

child.

                H.            PSD shall notify the adoptive

family in writing, by return of receipt mail, of any decision to reduce,

change, suspend or terminate an adoption subsidy. The adoptive parent may

request an administrative appeal within ten days of receiving notification of

the decision to reduce, change, suspend or terminate adoption subsidy.

[8.26.2.25 NMAC - Rp, 8.26.2.24 NMAC,

9/29/15]

 

8.26.2.26               POST PLACEMENT ADOPTION SUPPORT

SERVICES:

                A.            PSD shall provide support services

to the child and adoptive family. Support services are intended to assist the

family in adjusting, enhance the family’s capacity to care for the child, and

strengthen the family.

                B.            PSD

shall develop a case plan with all families adopting children in PSD custody.

                C.            During this period PSD shall

provide information to the adoptive family regarding requirements for legal

finalization of the adoption including the family’s selection of an attorney,

name change of the child, and required consent of the child, if the child is

over 14 years of age.

                D.            PSD

shall assess and document the status of placement until finalization of the

adoption.

                E.            If the adoptive family and child,

with PSD approval, move out of state prior to the finalization, PSD shall initiate

a referral through the interstate compact on the placement of children to

request appropriate post placement services and written reports from the

receiving state. PSD shall retain jurisdiction and responsibility for all case

activities until finalization.

[8.26.2.26 NMAC - Rp, 8.26.2.25 NMAC,

9/29/15]

 

8.26.2.27               ADOPTION FINALIZATION:

                A.            PSD establishes time frames

for finalization based on the age and needs of the child pursuant to the New

Mexico Children’s Code, Section 32A-5-25 A NMSA 1978 and the time frames for

court approval of finalization pursuant to 32A-5-36 F(6) NMSA 1978.

                B.            The family may file the

adoption petition according to their state of residence or in New Mexico.

                C.            Placement

staff compiles and submits post placement reports to the court for all PSD

children and children placed for adoption in New Mexico through the interstate

compact for the placement of children.

[8.26.2.27 NMAC - Rp, 8.26.2.26 NMAC,

9/29/15]

 

8.26.2.28               POST DECREE SUPPORT SERVICES:

                A.            Upon finalization, PSD shall

provide information regarding resources to support the family in their

community. Placement staff may provide direct support services or make

referrals to community service providers in order to support, strengthen, and

enhance the family’s capacity to care for the child to prevent disruption or

dissolution.

                B.            PSD

shall respond to adult adoptee requests for information pursuant to the New

Mexico Children’s Code, Section 32A-5-40 E NMSA 1978.

[8.26.2.28 NMAC - Rp, 8.26.2.27 NMAC,

9/29/15]

 

HISTORY OF 8.26.2 NMAC:

Pre-NMAC History:

The material in this part was derived from

that previously filed with the State Records Center and Archives:

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.

SSD 7.0.0, Adoption - Definition and Goal

Statement, filed 8/22/86;

SSD 7.0.0, Adoption - Definition and Goal

Statement, filed 6/14/88;

SSD 7.0.0, Adoption - Purpose and Goal

Statement, filed 10/18/95;

SSD 7.1.0, Adoption - General Provisions:

Adoption, filed 8/22/86;

SSD 7.1.0, Adoption - General Provisions: Adoption,

filed 6/18/87;

SSD 7.1.0, Adoption - General Provisions:

Adoption, filed 1/13/88;

SSD 7.1.0, Adoption - General Provisions:

Adoption, filed 3/28/89;

SSD 7.2.0, Adoption - General Guidelines,

filed 8/22/86;

SSD 7.2.0, Adoption - General Guidelines,

filed 6/18/87;

SSD 7.2.0, Adoption - General Guidelines,

filed 6/14/88;

SSD 7.2.0, Adoption - General Guidelines,

filed 3/15/91;

SSD 7.3.0, Adoption - Department

Responsibilities, filed 8/22/86;

SSD 7.3.0, Adoption - Department

Responsibilities, filed 6/14/88;

SSD 7.3.0, Adoption - Department

Responsibilities, filed 3/15/91;

SSD 7.3.0, Adoption - Department

Responsibilities, filed 10/18/95.

 

History of Repealed Material:

8 NMAC 26.2, Adoption Services, filed

6/16/1997 - Repealed effective 2/14/2001.

8.26.2 NMAC, Adoption Services, filed

2/1/2001 - Repealed effective 7/30/2004.

8.26.2 NMAC, Adoption Services, filed

7/16/2004 - Repealed effective 11/15/2005.

8.26.2 NMAC, Adoption Services, filed

11/1/2005 - Repealed effective 5/29/2009.