N.M. Code R. § 8.26.4.8

Current through Register Vol. 35, No. 9, May 7, 2024

Section 8.26.4.8 - FOSTER CARE PROVIDER ELIGIBILITY

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;

(2) Applicants must be a resident of New Mexico;

(3) Applicants must be able to communicate with the child in the child's own language, through translation services or other resources;

(4) Applicants must be able to communicate with PSD, licensing agents, health care providers, and other service providers, through translation services or other resources;

(5) At least one applicant in the home must have functional literacy or have access to resources to read, such as having the ability to read labels on medications in order to properly administer them; and

(6) Applicants must have income or resources necessary to make timely payments for shelter, food, utility costs, clothing and other household expenses prior to the addition of a foster child;

C. A foster care provider license shall not be issued to an applicant whose own children are currently in foster care. Suitability will be considered on a case by case basis for applicants whose parental rights have been terminated or relinquished. Applicants whose children have been formerly in foster placement may be licensed if the assessment of their application determines the problems leading to the placement have been resolved.

D. PSD employees and their families who have met all licensing requirements may serve as a foster care provider or as adoptive parents to children outside of their county. A PSD employee and their family members shall not be allowed to foster or adopt any child with whom the employee is working with in any official capacity. A PSD employee may not be foster care providers to children who have been or are actively on their caseload or within their chain of command.

E. PSD and child placement agencies (CPA's) must not deny any individual the opportunity to become a foster parent on the basis of the race, color, or national origin of the individual, or of the child, as required by the federal Multiethnic Placement Act (MEPA), 42 U.S.C.A. sec. 1996b and Title IV-E of the Social Security Act, 42 U.S.C.A. sec. 671(18). MEPA also provides that this law must not be construed to affect the application of the Indian Child Welfare Act, which contains preferences for the placement of eligible American Indian and Alaska Native children in foster care, guardianship, or adoptive homes. PSD and CPA's must not discriminate with regard to the application or licensure of a foster family on the basis of race; ethnicity; creed; color; age; religion; sex or gender; gender identity; gender expression; sexual orientation; marital status or partnership; familial or parental status; pregnancy and breastfeeding or nursing; disability; genetic information; intersex traits; medical condition, including HIV/AIDS; citizenship or immigration status; national origin; tribal affiliation; ancestry; socioeconomic status; language; political affiliation; military or veteran status; status as a victim of domestic violence; sexual assault, or stalking; or any other factor unrelated to suitability to parent.

F. Tribal agencies may also be involved in conducting home studies for American Indian and Alaska Native children. 42 U.S.C.A. sec 671(26)(B) provides that any receiving state must treat any tribal home study report as meeting the requirements imposed by the state for the completion of a home study.

G. Immigration Status: Citizenship or immigration status shall not prevent eligibility for licensure. See 8.24.6.21 NMAC for further guidance on licensing non-US citizens without legal permanent residency.

N.M. Code R. § 8.26.4.8

8.26.4.8 NMAC - N, 5/29/09; A, 8/15/11, Amended by New Mexico Register, Volume XXX, Issue 12, June 25, 2019, eff. 6/25/2019, Amended by New Mexico Register, Volume XXX, Issue 13, July 16, 2019, eff. 7/16/2019, Amended by New Mexico Register, Volume XXX, Issue 17, September 10, 2019, eff. 8/21/2019, Adopted by New Mexico Register, Volume XXXI, Issue 03, February 11, 2020, eff. 2/11/2020