New Mexico Administrative Code

A. PSD monitors resource 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 resource or adoptive parent in the home within five days of each new placement; (2) conduct a home visit to the resource or ad…

A. Any CYFD employee suspecting child abuse or neglect in a resource 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 resource parent violating CYFD policy or lic…

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. Afte…

Protective services division employees, CYFD licensed foster and adoptive families, and the general public.

PSD facilitates the negotiation of post adoption contact agreements.

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 int…

A. Prior to placement, PSD staff shall provide full disclosure about the child to the resource 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 i…

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 resource parent decides to adopt the child. B. PSD staff and the adoptive family shall review and sign a placement a…

A. PSD shall attempt to place children in foster care with concurrent plans of adoption in foster homes which have been identified as concurrent families. B. PSD completes the pre-placement home study for resource parents and treatment foster parents who have been selected as ado…

A. The purpose of adoption assistance is to support the adoption of a child in foster care who meets 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 …

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 chil…

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 …

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…

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.

Permanent.

May 29, 2009, unless a later date is cited at the end of a section.

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 resource parents who want to adopt those children.

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. "A…

The purpose of placement services is to recruit, support and retain safe and stable families willing to make life long commitments to children in foster care and their families, to create permanent families for children requiring adoption, and to ensure a child's safety, permanen…

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.

Children, Youth and Families Department, Protective Services Division.

See Sections 32A-1-8, 32A-5-4, 32A-5-5 NMSA 1978 and Section 44 [now 8.26.3.44 NMAC] of these regulations.

A. See Sections 32A-5-6(D) and 32A-5-7(B), (C) and (D) NMSA 1978. B. The attorney for the petitioner shall provide to the clerk of the court a copy of the request for placement, petition for adoption, and decree of adoption at the time of filing of each pleading for service on th…

A. See Section 32A-5-8 NMSA 1978. B. ICWA intervenors: (1) Access to confidential records: All ICWA intervenors shall have access to the confidential records in the adoption of an Indian child. (2) Confidentiality: All ICWA intervenors shall comply with the confidentiality requir…

A. Form of caption: See Section 32A-5-9 NMSA 1978. B. Clerk of the court: The clerk of the court shall refuse to file an adoption pleading which is improperly captioned. See Section 32A-5-7(A) NMSA 1978.

See Section 32A-5-10 NMSA 1978.

A. See Section 32A-5-11 NMSA 1978. B. Any child may be adopted. C. A petition for adoption may be filed in New Mexico by any adult who meets one of the following criteria: (1) Resident: The petitioner is a resident as defined in the act in Section 32A-5-3(S) NMSA 1978; or (2) Non…

A. See Section 32A-5-12 NMSA 1978. B. Indian child: If the adoptee is an Indian child, also see Section 44.7 [now Subsection G of 8.26.3.44 NMAC] of these regulations. C. Placement required prior to filing petition for adoption: Placement for adoption is required in all adoptions…

A. See Section 32A-5-13 NMSA 1978. B. Placement shall not occur prior to the petitioner obtaining a placement order from the court. C. Procedure to obtain placement order: (1) A request for placement shall be filed thirty (30) days prior to placement. (2) The request for placemen…

A. See Section 32A-5-14 NMSA 1978. B. In addition to the requirements of Section 32A-5-14 NMSA 1978, the pre-placement study shall include the following: (1) log of contacts made designating the nature of the contact (e.g., telephone, office visit, etc.) and duration of each sign…

A. See Sections 32A-5-15 and 32A-5-16 NMSA 1978. B. Initiation of termination of parental rights action: A termination of parental rights (hereafter TPR) action may be initiated by: (1) a separate action prior to the filing of the petition for adoption; (2) simultaneously with th…

Any person wishing to adopt a child, any adoptee and any person and/or agency party to an adoption in New Mexico.

A. See Section 32A-5-17. B. An adoptee's consent is required if the adoptee has reached the age of ten years of age or older.

A. See Section 32A-5-18 NMSA 1978. B. Manner of service of notice of hearing for implied consent or relinquishment: (1) Notice: The notice of hearing required for the court to imply a consent or relinquishment pursuant to Section 32A-5-18(B) NMSA 1978 may be served with the petit…

A. See Section 32A-5-19 NMSA 1978 NMSA 1978. B. Notice of the petition for adoption shall not be served on any person whose consent or relinquishment is not required pursuant to Section 32A-5-19 NMSA 1978.

A. See Section 32A-5-20 NMSA 1978. B. Father's identity unknown: If the mother alleges that the identity of the father is unknown, the department, agency, investigator or the petitioner's attorney shall obtain an affidavit signed by the mother stating the circumstances which caus…

A. See Section 32A-5-21 NMSA 1978. B. Parent's consent or relinquishment: A consent or relinquishment form executed by a parent shall be in compliance with Section 32A-5-21(A) NMSA 1978. This form is available through the local department office. C. Adoptee's consent: An adoptee …

A. See Section 32A-5-22 NMSA 1978. B. Who shall provide counseling: (1) Department adoption: A department employee designated by the department to provide counseling shall provide adoptive counseling. The designated counselor or the person designated to supervise the counseling s…

A. See Section 32A-5-23 NMSA 1978. B. Adoptee consents: In department adoptions, the adoptee's consent shall be executed before an employee appointed by the department to take an adoptee's consent.

See Section 32A-5-24 NMSA 1978 and Section 34.2 [now Subsection B of 8.26.3.34 NMAC].

A. Time of filing: See Section 32A-5-25 NMSA 1978. B. Petition content: See Section 32A-5-26 NMSA 1978. C. Notice of petition: See Section 32A-5-27 NMSA 1978. Failure to properly comply with notice requirements may result in an invalid adoption decree. D. Indian child: If the ado…

See Section 32A-5-28 NMSA 1978.

The Adoption Act (hereafter Act): Section 32A-5-1 NMSA 1978 et seq. (Repl. Pamp. 1997).

See Section 32A-5-29 NMSA 1978.

A. See Section 32A-5-30 NMSA 1978. B. When the petitioner resides in a county in New Mexico other than the county in which the petition for adoption is filed, or in a state other than New Mexico, or if the adoptee will be absent from the county in which the petition for adoption …

A. See Section 32A-5-31 NMSA 1978. B. Post-placement services: (1) Appropriate post-placement services shall be provided to the adoptee and the prospective adoptive family from the time of the child's placement until the post-placement report is filed. (2) At a minimum, the follo…

A. See Section 32A-5-32 NMSA 1978. B. Who shall file a petition in a stepparent adoption: The stepparent with whom the adoptee has resided for at least one year since the stepparent's marriage to the adoptee's custodial parent. C. Stepparent adoption exceptions: The stepparent sh…

A. See Sections 32A-5-24, 32A-5-33 and 32A-5-35 NMSA 1978. B. Mandatory appointment of guardian ad litem: A guardian ad litem shall be appointed for an adoptee when: (1) an adoptee is being relinquished to the department and the relinquishment is not being taken in an abuse and n…

A. See Section 32A-5-34 NMSA 1978. B. Reproductive alternatives: See Section 47 [now 8.26.3.47 NMAC]. A biological mother who is impregnated by in vitro fertilization or artificial insemination may be paid expenses of the pregnancy as provided in Section 32A-5-34.

See Section 32A-5-35 NMSA 1978 and Section 34.2 c [now Paragraph (3) of Subsection B of 8.26.3.34 NMAC] of these regulations.