New Mexico Administrative Code

The agency shall develop and maintain written policies and procedures concerning the licensing of foster and adoptive families and shall provide PSD with a copy of these policies and procedures and with any changes to these policies and procedures within 10 days of the change. Ag…

A. Financial statement availability: An agency shall maintain complete financial records. A copy of an agency's financial statements, which demonstrates the financial condition of the agency, shall be submitted to PSD with the agency's license renewal request. B. Donations and ch…

Any individual, partnership, association or corporation, doing business in New Mexico, undertaking to place a child in a home in this or any other state for the purpose of foster care or adoption of the child, including treatment foster homes also governed by 7.20.11 NMAC, Certif…

A. The agency shall develop and maintain written personnel policy and procedures governing employees and volunteer contractors. B. A copy of the agency's personnel policy shall be provided to each employee at the time of employment. C. The personnel policy and procedure, at a min…

Treatment foster care agencies shall comply with Treatment Foster Care Services, Certification Requirements for Child and Adolescent Mental Health Services, 7.20.11.29 NMAC. In addition, child placement agencies must ensure compliance with the following requirements. A. Minimum s…

A. Employee personnel file: The agency shall maintain a personnel file for all employees of the agency which shall be available to PSD for inspection. Each file shall include, at a minimum: (1) application: the employee's employment application showing qualifications and experien…

A. Adoption services: The agency shall maintain a detailed description of the agency's adoption services and procedures applicable to those services. The description shall include, but is not limited to, adoptive home assessments, relinquishment procedures, procedure to assure be…

An agency shall provide continuity of services for children in their care in the event that a family transfers from one agency to another. A. Transfers: (1) Foster family: The transfer of a foster family from one agency to another when a child is placed in the home is discouraged…

A. Types of records: Separate records shall be kept for foster parents, adoptive parents, and the child. The agency shall also keep separate its administrative records as described herein at Subsection E of 8.26.5.25 NMAC. The child's record includes information regarding the fam…

A. Foster parent records: The foster care agency shall retain foster parent records for 10 years from the date of case closure. In the event a foster care agency is closed or goes out of business, the agency shall comply with 8.26.5.30 NMAC herein. B. Adoptive parent records: (1)…

A. Semi-annual reports: An agency shall submit to PSD a semi-annual statistical report of the services provided by the agency. B. Report format: Semi-annual reports shall be prepared on forms provided by PSD and include all the information required therein, including, but not lim…

As required by the federal Child and Family Services Improvement Act of 2006 and included in CYFD's federal child and family services plan, each agency shall develop and maintain a written emergency response plan. The plan shall be developed within three months of the promulgatio…

A. Meetings and training: PSD retains the right to call meetings or training for licensed adoption and foster care agencies. Agencies shall be responsible for obtaining all information distributed at each meeting regardless of whether or not they attend the meeting. B. Access to …

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; Child Placement Licensing Act, 40-7A-4 D, NMSA 1978.

A. When an agency voluntarily closes, the agency shall notify PSD in writing at least 90 calendar days prior to the agency beginning to move staff, families or children to another agency. The licensee shall provide PSD a written plan summarizing the preparation and arrangements f…

Permanent

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

These standards supplement and are used in conjunction with the Child Placement Licensing Act. The standards: A. authorize CYFD protective services division to license and monitor agencies that place children in adoptive homes or in foster care so that the safety, permanency, and…

A. "Act" means the Child Placement Agency Licensing Act, pursuant to 40-7A-1 et. seq. NMSA 1978. B. "Acknowledged father" means a father who: (1) acknowledges paternity of the adoptee pursuant to the putative father registry, pursuant to the Adoption Act, 32A-5-20, NMSA 1978; (2)…

The Adoption Act Regulations, 8.26.3 NMAC and the Licensing Requirements for Foster and Adoptive Homes, 8.26.4 NMAC are applicable and are cross referenced, unless otherwise noted. The Child Placement Agency Licensing Standards control should a conflict occur between these regula…

A. The agency must be licensed to do business in the state of New Mexico. B. PSD does not issue a license unless the applicant or agency maintains an office and sufficient staff in the state of New Mexico, as described herein at Subsection A of 8.26.5.21 NMAC. Both the state prog…

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

A. Initial license: An initial license is granted to a community home when PSD verifies that the applicant is in substantial compliance with the licensing requirements outlined in 8.26.6 NMAC. If the applicant community home is in substantial compliance but there are minor defici…

A license is granted or denied based upon the application, assessment and determination that the applicant community home is, or is not, in compliance with the licensing standards outlined in 8.26.6 NMAC and any other standards governing the health and safety of children residing…

A. The community home 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 community home's written request for…

A. Sanctions and Notification: PSD may impose sanctions if it determines that a community home has failed to comply with 8.26.6 NMAC, or where an investigation substantiates an allegation of abuse or neglect against a community home. At PSD's discretion, depending upon the severi…

A. Financial accountability: (1) Community homes shall provide a brief statement verifying financial stability from a certified public accountant to PSD during the annual onsite visit for license renewal. (2) Community homes shall have an annual financial audit conducted by an in…

A. Heating, cooling, and ventilation: (1) Heating, air-conditioning, piping, boilers, and ventilation equipment shall be installed and maintained in safe working condition to meet all requirements of current state mechanical, electrical, and construction codes. (2) Heating and co…

Community homes shall develop, maintain and follow internal written policies and procedures concerning: A. Protection of children: Policies and procedures shall acknowledge the community home's responsibility to protect the safety of children. Specifically, policies and procedure…

A. Community homes shall conduct state and federal criminal records checks and child abuse and neglect checks for staff, interns and volunteers whose duties include any contact with children. Contact may include but is not limited to: (1) physical contact with children; (2) worki…

A. Minimum staff: Community home staff shall include, at a minimum, an administrator and a supervisor. The administrator may also fulfill the role of supervisor, provided the person meets the minimum qualifications for the higher position. (1) Administrator: The administrator sha…

A. Employee personnel file: The community home shall maintain a personnel file for all employees, including temporary professional employees, of the community home which shall be available to PSD for inspection. Each file shall include, at a minimum: (1) application: the employee…

Any individual, partnership, association or corporation, doing business in New Mexico, undertaking to place a child in a community home for the purpose of providing a 24 hour group living setting in order to meet the child's developmental, psychological, educational, social and e…

A. Child's record: The child's record shall contain at a minimum: (1) intake information; any assessments relevant to the child's needs and well-being, and the discharge report with recommendations; (2) education records: the community home shall maintain documentation of the chi…

A. Annual reports: The community home shall submit to PSD an annual statistical report of the services provided by the community home. B. Report format: Annual reports shall be prepared on forms provided by PSD and include all the information required therein, including, but not …

A. As required by the federal Child and Family Services Improvement Act of 2006 and included in CYFD's federal child and family services plan, each community home shall develop and maintain a written emergency response plan. B. The plan shall be developed within three months of t…

A. Annual on-site review: PSD shall conduct annual on-site reviews as part of the community home's annual re-licensure. B. Investigations of abuse and neglect referrals in community homes: PSD shall investigate all screened-in reports of allegations of abuse or neglect regarding …

When a community home voluntarily closes, the community home shall notify PSD in writing at least 90 calendar days prior to the agency beginning to move children to another agency or community home. The licensee shall provide PSD a written plan summarizing the preparation and arr…

Children, Youth and Families Department Act, NMSA 1978, 9-2A-7 D.

Permanent

August 29, 2014, unless a later date is cited at the end of a section.

These standards authorize the protective services division, of the children, youth and families department, to license community homes for the purpose of ensuring the health and safety of children under the administration of the Human Services Department Act, NMSA 1978, 9-8-13. T…

A. "Adult" means, for the purpose of 8.26.6 NMAC, a person who is age 18 years or older and is a client of and resides in a community home licensed by PSD. B. "Child" means, for the purpose of 8.26.6 NMAC, a person who is under the age of 18 and is a client of and resides in a co…

A. The principle function of a community home is to provide full time care to children on a 24 hour a day residential basis for no more than 16 resident children in a designated residential building. B. The community home shall be licensed to do business in the state of New Mexic…

Any individual, group or organization requesting consideration for a license as a community home shall submit information to PSD, as described in Subsections A-F of this Section. The application shall include: A. Description and organization: Each applicant community home shall p…

Substitute Care Advisory Council, Regulation and Licensing Department, P.O. Box 25101, Santa Fe, New Mexico 87504.

By June 30 of each year, the council shall determine the process of reappointing or nominating members to serve on the advisory committee to the council. The council shall appoint a six-member advisory committee by October 1 of each year. Advisory committee members are appointed …

A. Information necessary for staff to determine whether a case meets the priority criteria established by the council for review may include, but is not limited to the following: (1) identifying information; (2) court case number; (3) department case number; (4) department case n…

No later than June 30 of each year, the council shall designate priority criteria for reviews for the subsequent fiscal year. Such criteria shall include consideration of the importance of: A. sibling placements; B. the frequency and severity of neglect or abuse; C. the behaviora…

A. Staff shall coordinate and facilitate boards for case reviews. B. No person shall serve on a board prior to completing the application process established by the council. C. No person shall serve on a board that involves a case review of a member's relative or a case for which…