N.M. Admin. Code § 8.26.2.13

Current through Register Vol. 35, No. 21, November 5, 2024

Section 8.26.2.13 - APPLICATION OF THE REASONABLE AND PRUDENT PARENT STANDARD

A. PSD shall make efforts to normalize the lives of children in PSD's custody and to empower caregivers to approve a child's participation in activities, based on the caregiver's own assessment using a reasonable and prudent parent standard, without prior approval of PSD.

B. Resource families shall not require advance permission from PSD to apply the reasonable and prudent parent standard to decisions about the care of a child.

C. In applying the reasonable and prudent parent standard, the resource parent shall consider the following:

(1) the desires of the child including, but not limited to, cultural identity, spiritual identity, gender identity, and sexual orientation;

(2) the child's age, maturity and developmental level;

(3) potential risk factors and the appropriateness of the activity;

(4) the best interests of the child based on the resource family's knowledge of the child;

(5) the importance of encouraging the child's emotional and developmental growth;

(6) the terms of any court orders and any case plan applying to the child;

(7) the values and preferences of the child's biological parent or parents, if appropriate;

(8) whether the decision would bring about a permanent (e.g. tattoo) rather than a transient change to the child.

(9) the importance of providing the child with the most safe and affirming family-like and culturally relevant living experience possible;

(10) the legal rights and responsibilities of the child, including the youth bill of rights and responsibilities;

(11) Americans with Disabilities Act.

D. Age and developmentally appropriate activities that may be the subject of decisions under the reasonable and prudent parent standard include, but are not limited to, the following:

(1) a cultural, social, or enrichment activity or support that fosters positive identity development;

(2) a sleepover of one or more nights;

(3) participation in sports or social activities, including related travel;

(4) obtaining a driver's license and conditions for driving of a vehicle;

(5) allowing the child to travel in another person's vehicle;

(6) possession and use of a cell phone;

(7) obtaining a job or working for pay (e.g. babysitting, yard work, etc.)

(8) recreational activities (including, but not limited to, such activities as boating, swimming, camping, hunting, cycling, hiking, horseback riding).

E. Resource parents may consult with the PSD worker when uncertain or uncomfortable with a decision under their consideration.

F. In situations in which a child age 14 or older disagrees with a decision made under the prudent parent standard, the child shall request a review of the decision in writing. The decision shall be reviewed by a neutral three-person panel through the youth grievance process. This process does not preclude any party from seeking a court order regarding the decision.

G. PSD shall seek appropriate statutory change to ensure resource parents and other substitute care providers are shielded from liability when they act in accordance with the reasonable and prudent parent standard. In the meantime, CYFD will hold harmless and defend its licensed resource families in situations where they have acted and made decisions in accordance with the reasonable and prudent parent standard.

N.M. Admin. Code § 8.26.2.13

8.26.2.13 NMAC - N, 5/29/09, Adopted by New Mexico Register, Volume XXVI, Issue 18, September 29, 2015, eff. 9/29/2015, Amended by New Mexico Register, Volume XXXII, Issue 10, May 25, 2021, eff. 5/25/2021