New Mexico Administrative Code

Children, Youth and Families Department Act, Section 9-2A-7 D, NMSA 1978; New Mexico Children's Code, Section 32A-1-1, NMSA 1978 (Cum. Supp. 2009); and New Mexico Children's Court Rules SCRA 10-1 et seq.

A. Foreign national child: When PSD is given custody of a foreign national child, that is, a child who is not a citizen of the United States, PSD shall notify that child's foreign national consulate in writing, without delay, after obtaining custody. When PSD is given custody of …

Permanent.

March 31, 2010, unless a later date is cited at the end of a section.

To establish parameters for the provision of legal services for children at significant risk of abuse or neglect and children in the custody of CYFD.

A. "Adjudication hearing" is the hearing that occurs within 60 days of service on the respondents at which the court determines whether the child is abused or neglected. B. "Adjustment of status" is the application or procedure to obtain lawful permanent residency. C. "Affidavit"…

The purpose of child protective legal services is to represent PSD's position in court with regard to the permanency plans for children, protect children through legal intervention and facilitate permanency in relevant cases.

A. Role of the children's court attorney: The children's court attorney shall provide information, interpretation of law and general assistance to PSD in the provision of child protective services and presents PSD's recommendations in a court of law. B. Attorney-client relationsh…

Children, Youth and Families Department, Protective Services Division.

When a child cannot safely remain in their home, PSD shall pursue legal custody of the child. When the court has determined it is contrary to the welfare of the child to remain in their home, PSD is awarded legal custody and the child shall be placed with a licensed resource fami…

A. No parent may relinquish parental rights to PSD without PSD's consent. B. When it has been determined to be in the best interest of the child parent, guardian or custodian, PSD may accept legal custody of a child placed voluntarily through a written agreement. C. No child shal…

The permanency plan reflects the permanency goal within the child's case plan to be achieved by PSD's intervention with the family. Permanency goals include: A. Reunification: The goal of reunification is to safely reunify the child to the home of the parent or legal guardian. Re…

A. As part of the initial case planning process, PSD shall hold an initial assessment planning conference prior to the 10 day custody hearing. An initial assessment plan shall be developed at the assessment planning conference. The initial assessment plan is ordered at the custod…

A. PSD shall schedule a mandatory pre-adjudicatory meeting prior to the adjudicatory hearing. B. The adjudicatory hearing shall be held within 60 days after the date of service on the respondent. C. Prior to the dispositional hearing, PSD shall prepare a pre-dispositional study a…

A. The initial judicial review shall be held within 60 days of the dispositional hearing. PSD shall inform the court of the progress made toward the permanency plan. B. The initial permanency hearing shall be commenced within six months of the initial judicial review of a child's…

PSD's custody of a child shall terminate under the following circumstances: A. the court dismisses or terminates PSD's custody of a child; B. a voluntary placement agreement expires; C. court ordered custody of the child expires; D. the child reaches the age of 18; or E. a child …

A. Within the first 30 days of PSD custody, the child shall have a complete physical examination or, if medicaid eligible, an early and periodic screening, diagnostic and treatment services (EPSDT). The child shall receive an annual well-child check and dental and eye exam therea…

A. PSD shall develop a plan for transportation with the resource family and child, if age appropriate, in order for the child to remain in the same education setting in which the child was enrolled at the time of placement, if reasonable and in the child's best interest. B. PSD s…

A. Family visits: PSD shall arrange for visitation between the child and their family or fictive kin as appropriate. B. Sibling visits: PSD shall arrange for and facilitate visitation, as appropriate, between children in PSD custody and their siblings who are either in PSD custod…

Protective services employees and the general public.

PSD shall visit each child in an out-of-state placement in that placement at least every six months. PSD, in accordance with the Interstate Compact for the Placement of Children (ICPC), shall request other receiving state child welfare agencies to visit the child in their placeme…

A. PSD may place children in custody in licensed out-of-state placements, and may accept children in the custody of another state for placement in New Mexico in accordance with the Interstate Compact for the Placement of Children (ICPC). B. CYFD has no authority to license resour…

If a child is a foreign national child without legal permanent residency in the United States, PSD shall apply to the department of homeland security's (DHS) citizen and immigration services (USCIS) to obtain "special immigrant juvenile status" for the child. A. In those cases in…

A. Foreign national children: When PSD is given custody of a foreign national child, that is, a child who is not a citizen of the United States, PSD shall notify that child's foreign national consulate in writing without delay after obtaining custody. When PSD is given custody of…

A. PSD shall identify, document, and determine appropriate services for children or youth who have disclosed or who may be at risk of being the victim of human trafficking. B. PSD shall immediately, but no later than 24 hours, notify law enforcement of children or youth who PSD h…

A. Incidents in foster care may refer to a broad spectrum of events which may include, but are not limited to, reports of: (1) alleged policy or procedures violations by resource parents, including resource parents failure to comply with case plans or safety plan requirements; (2…

PSD shall determine funding eligibility for each child in PSD custody.

A. Resource families are reimbursed for the care provided to children at rates established by the state legislature. B. Requests from resource families for reimbursements for pre-approved purchases must be submitted within 45 days of the expenditure. C. PSD is not liable and shal…

Until parental rights have been terminated, the child's parents continue to be financially responsible for the child. PSD establishes a children's maintenance account for children in PSD custody who receive monetary benefits. Resources received on behalf of the child are used to …

A. If the court has appointed a CASA, PSD shall involve and inform the CASA as required by the Children's Code. B. PSD refers each child in custody to the SCAC as required by the New Mexico Children's Code. The SCAC provides the resource parent or relative providing care for the …

New Mexico Children's Code, Section 32A-1-1, NMSA 1978 (Repl. 2004).

A. PSD provides child protective services childcare as one part of a case for children and families receiving services to address child maltreatment safety and risk factors. B. The purpose of protective services childcare is:(1) to enable parents, guardians or custodians to parti…

A. Documentation: PSD shall maintain the case record, which consists of both the electronic record and the paper case record. The case record is a working tool and shall contain all documents necessary for the provision of services. B. Confidentiality: All PSD staff and CYFD cont…

Permanent.

September 29, 2015, unless a later date is cited at the end of a section.

To establish parameters for the provision of permanency planning services to children in the custody of CYFD.

A. "Caregiver" is an adult, parent, guardian or custodian in the household who provides care and supervision for the child. B. "Case plan" means a plan created jointly with clients for a child, youth, parent, guardian, custodian or respondent that identifies the appropriate servi…

A. The purpose of permanency planning services is to systematically carry out, within a time-limited period, a set of goal-directed activities designed to help children live in families that offer the continuity of relationships with nurturing parents or guardians and the opportu…

A. The overriding concern throughout the life of a permanency planning case shall be the safety of the child. PSD shall be responsible for the continued assessment of the child's safety until case closure and shall determine: (1) whether or not the responsibilities for care and p…

Children, Youth and Families Department (CYFD), Protective Services Division (PSD).

A. All youth age 14 and older in PSD custody shall complete the initial independent living assessment (IL assessment) with his or her PPW. B. The initial IL assessment consists of two components:(1) the Casey life skills assessment; and (2) a current psychosocial history focused …

The life skills plan shall be developed to assist the youth in successful transition to adulthood by establishing goals and addressing strengths and needs as a result of the IL assessment. A. The life skills plan shall be included as part of the case plan for each youth aged 14 a…

A. Life skills development shall be required for all youth in PSD custody regardless of permanency plan beginning no later than age 14. Life skills development is an individualized process of learning the knowledge and skills necessary to be successful in living as an adult. It m…

Transition support services shall be provided by or arranged by the YTS for the purpose of preparing and assisting youth in their transition to adulthood. Services begin at the preparation for the transition meeting and may continue until the youth turns 21 years of age. Youth in…

PSD shall identify opportunities for youth in PSD custody to develop leadership skills including, but not limited to membership in LUVYANM, participation in the annual independent living youth conference, training and public speaking. Youth who have aged out of foster care at age…

Pursuant to the New Mexico Children's Code, Section 32A-4-25.2.A NMSA 1978, PSD shall conduct a transition meeting for each youth in custody prior to the youth's 17th birthday. The meeting shall include the youth, the YTS, the PPW and the youth attorney. The youth may choose to i…

A.Pursuant to the New Mexico Children's Code, Section 32A-4-25.2 A, B and C NMSA 1978, a written individualized transition plan shall be developed collaboratively with the participants present at the YTM. B. The transition plan shall identify a youth's needs, strengths and goals …

A. Pursuant to the New Mexico Children's Code, Section 32A-4-25.3 NMSA 1978, at the last judicial review or permanency hearing held prior to the youth's 18th birthday, the court shall conduct the youth's discharge hearing. B. At the discharge hearing the court shall review the yo…

Independent living placement status allows an eligible youth to become his or her own vendor to receive monthly maintenance payments. The maintenance payment allows the youth to live as a boarder with a foster parent or to live independently with limited PSD supervision regarding…

Start-up funds shall be available for eligible youth to assist them in purchasing household items or services needed to establish a home or to further independence. Expenses which are eligible for the use of start-up funds are determined according to the standards of the Chafee A…