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appeal” is a formal hearing for families whose license has been revoked,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.