New Mexico Administrative Code

A. Generally: See Section 32A-5-36 NMSA 1978. B. Indian child: If the adoptee is an Indian child, also see Section 44 [now 8.26.3.44 NMAC] of these regulations.

See Section 32A-5-37 NMSA 1978.

See Sections 32A-5-7(F) and 32A-5-38 NMSA 1978.

Permanent.

A. See Section 32A-5-39 and NMSA 1978, Section 39-4A-2 NMSA 1978. B. Full faith and credit: The judgments of other states or of a tribal court of an Indian nation, tribe or pueblo terminating parental rights or establishing the relationship of parent and child by adoption shall b…

A. See Sections 32A-5-40 and 32A-5-41 NMSA 1978. B. Confidentiality of post-decree records: After the decree of adoption has been entered, all court files containing records filed with the court or the department in the adoption proceeding shall remain confidential and withheld f…

See Section 32A-5-42 NMSA 1978.

A. See Section 32A-5-43 through 32A-5-45 NMSA 1978. B. Purpose: Adoption subsidy is a program to assist families adopting a special needs child after they have exhausted the resources of private insurance, medicaid and other applicable assistance payments. All adoption subsidy ce…

A. See Sections 32A-5-4 and 32A-5-5 NMSA 1978. B. In addition to other applicable requirements of the Act and regulations, the following provisions shall apply to the adoption of an Indian child subject to the ICWA as defined in Section 7.10 [see compiler's note]. C. Purpose: The…

A. See NMSA 1978, Sections 32A-11-1 et seq. NMSA 1978. B. Compliance mandatory: The interstate compact on the placement of children (hereafter ICPC) has been enacted by the state of New Mexico and therefore compliance with the ICPC is required in all interstate adoptive placement…

A. A foreign born child may be adopted in New Mexico: (1) Such adoption does not entitle the adoptee to citizenship in the United States. (2) The foreign born adoptee shall comply with all Integration [sic] and Naturalization Services (INS) requirements and may not be entitled to…

A. Sperm donor; Artificial Insemination: See Section 40-11-6 NMSA 1978. B. Surrogate mother: (1) A surrogate mother shall not be paid to conceive and/or carry a child. See Section 32A-5-34(F) NMSA 1978 (2) Reasonable expenses: The petitioner may pay for any expenses of the biolog…

January 1, 1998 [unless a later date is cited at the end of a section].

Approved, Heather Wilson, secretary, children, youth and families department.

The purpose of these regulations is to supplement the act, and they shall be used in conjunction and consistent with the act.

A. "Adoptee" means any person who is the subject of an adoption petition. B. "Adoptee's consent" means a document signed by an adoptee whereby the adoptee agrees to be adopted by the petitioner. C. "Agency adoption" means an adoption proceeding in which the adoptee is placed by a…

A. The definitions in the act shall apply to the regulations. B. References to the act: The Adoption Act Regulations (hereafter Regulations) shall reference the section of the act for which they are promulgated. Hereafter, all references to the act shall only reference the sectio…

A. There are three types of adoption in New Mexico: department adoptions, agency adoptions, and independent adoptions. B. Different provisions of the act and regulations apply depending on the type of adoption.

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

A. A foster care license shall be granted or denied based upon the assessment and participation in the licensing process. The issuance of an initial foster care provider license is not an entitlement to full licensure. B. The applicants shall complete all licensing requirements p…

A. PSD's relative and fictive kin placement preferences: PSD and child placement agencies (CPAs) shall give placement preference to relatives and fictive kin as foster care providers, regardless of citizenship or immigration status. The licensing agency shall assist relatives wit…

A. All persons wishing to become licensed foster care providers for PSD or for a child placement agency must complete a CRC. CRCs are required for all applicants and adults living home. B. Applicants who have a completed home study by a private agency must complete the CRC requir…

A. For families applying to be licensed by PSD, staff shall conduct a FACTS search for abuse and neglect referrals on the applicant and all adult household members. If the applicant or any other adult household member resided in any state(s) other than New Mexico in the five year…

A. All applicants must be assessed to be physically and mentally capable of caring for a foster child in their home. The following are the minimum documentation requirements for licensure; however, these requirements shall not prevent placement of a relative or fictive kin if eff…

A. Living space: The applicant's home may be a house, mobile home, housing unit or apartment occupied by an individual or family. B. Condition of the home: The applicant's home and all structures on the grounds of the property must be maintained in a clean, safe, and sanitary con…

A. Pre-service training: PSD shall provide pre-service training to all foster care providers. All foster care providers are required to do PSD's pre-service training. Accommodations for trainings may be provided on a case-by-case basis, depending on the foster care provider's nee…

A. Applicants must sign an agreement containing the following assurances that they and all household members will comply with their roles and responsibilities as discussed with the licensing agency once a child is placed in their care. B. PSD shall review the assurance agreement …

A. Licensed foster parents must notify their licensing agent immediately of any circumstance that may impact their license. Such circumstances may include but are not limited to: (1) birth or death of any household member; (2) serious illness of any household member; (3) criminal…

A. Annual review: An annual review is a yearly review of a foster care provider's license to ensure the foster care provider continues to meet licensing standards related to criminal record checks, incident reports, training and assurances. An annual review shall be conducted one…

PSD staff and all PSD licensed agencies providing foster care services in New Mexico.

A. Denial of a license: (1) PSD or child placement agency staff may deny an applicant's request for licensure based on a documented professional assessment using the PSD approved home study format and supervisory tool. When a denial is recommended by the PSD worker, concurrence b…

A. All non-U.S. citizens without legal permanent residency who wish to be considered as relative or fictive kin placements shall comply with all licensure application requirements described herein Subsection B of 8.26.4.11 NMAC. PSD shall be responsible for conducting full licens…

A. Maintenance of records: (1) Foster care provider files: PSD and CPA shall maintain records concerning the evaluation of a foster care provider, including but not limited to the application, assessment information, recertification of information, releases of information, crimin…

A. Licensed foster parents must notify their licensing agent immediately of any circumstance that may impact their license. Such circumstances may include but are not limited to: (1) birth or death of any household member; (2) serious illness of any household member; (3) criminal…

Children, Youth and Families Department Act, Section 9-2A-7 D, NMSA 1978; New Mexico Children's Code Adoption Act, Section 32A-5-6 A, NMSA 1978; Child Placement Licensing Act, Section 40-7A-4 D, NMSA 1978.

Permanent.

February 11, 2020, unless a later date is cited at the end of a section.

To create standards for licensing of relative, fictive kin, non-relative foster and adoptive care providers in New Mexico which are consistent with the best interest, safety, permanency, and well-being of children by: A. enabling protective services division or licensed child pla…

A. "Administrative appeal" is a formal hearing for foster care providers whose license have been revoked, suspended, or not renewed. Foster care providers have the opportunity to present evidence to an impartial hearing officer in accordance with CYFD's administrative appeals reg…

A. All applicants, relative, fictive kin or non-relative, must submit a complete application and accompanying documentation for a foster care provider license, and keep copies in their home. B. To apply for a foster care provider license:(1) Applicants must be 18 years or older; …

A. Provisional license: A provisional license is a license issued by PSD to a relative or fictive kin upon satisfactory completion of the initial relative assessment at the time of an emergency placement of a child. A provisional license may be issued to facilitate or expedite pl…

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

Any individual, group or organization requesting consideration for a license as a child placement agency shall submit a packet of information, as described in Subsections A-H below, to PSD. An applicant may be licensed as an adoption agency, a foster care agency, or both. As a co…

A. Initial license: An initial license is granted to any agency when PSD verifies that the applicant is in substantial compliance with the licensing requirements. If the applicant is in substantial compliance but there are minor deficiencies, the applicant is directed to correct …

A license is granted or denied based upon the application and upon PSD review, assessment and determination that the applicant is, or is not, in compliance with these standards and the standards outlined in the act. A. Approval: PSD notifies the applicant, in writing, of approval…

A. The agency shall request a renewal of its license, on a renewal form provided by PSD, by certified mail, no later than 90 calendar days before the expiration of the current license. B. A license is renewed or terminated based on the agency's written request for renewal and PSD…

A. In accordance with the act, PSD may deny, revoke, suspend, place on probation or refuse to renew the license of any child placement agency when the requirements for licensing are not met or the applicant has a history of license revocation, suspension, denial, penalties or oth…

A. Agency protocol: It is the responsibility of each agency to be aware or and conform to the following: (1) New Mexico Children's Code, Chapter 32A, NMSA 1978; (2) New Mexico Adoption Act, 32A-5-1, NMSA 1978; (3) Governing Background Checks and Employment History Verification, 8…

The agency's governing board is responsible for adopting bylaws and policies and defining the scope of the agency's services.

A. Prior to placement, the agency shall provide full disclosure about the child to the foster family, adoptive family and the child's PSD worker, and continue to provide full disclosure throughout the case and after finalization of the adoption, provided the information does not …