N.M. Admin. Code § 8.26.2.7

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

Section 8.26.2.7 - DEFINITIONS

A."Administrative appeal" is a formal hearing for families whose license has been revoked, suspended, or not renewed.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."Administrative review" is an informal process that may include an informal conference or record review, and does not create any substantive rights for the family.

C."Adoptee" refers to any person who is the subject of an adoption petition.

D."Adoption" is the establishment of a court sanctioned legal parental relationship between an adult and a child.

E."Adoption subsidy" is a third party payment program that may include reimbursement for adoption related expenses, monthly maintenance payments, medical provisions, or payments for pre-approved expenses for pre-existing conditions.

F."Adoption tax credit" is a federal or state tax credit program that may be available to families who adopt children from foster care.

G."Adoptive home" refers to:

(1) a resource family licensed by PSD or a licensed child placement agency who chooses to adopt a child in foster care; or

(2) a family approved by a private agency or a licensed individual to adopt a child.

H."Age appropriate activities and items" means an activity or item that is generally accepted as suitable for a child of the same age or level of maturity based on the child's cognitive, emotional, physical, social and behavioral capacities.

I."Assessment" is the process of collecting information and conducting interviews with applicants by the licensing agent, and evaluating that information to determine the suitability of an applicant for a resource parent license.

J."Best interest adoptive placement" is the adoption placement considered by PSD staff to be the most appropriate placement to meet the child's needs and best interest.

K."Case management team" means the group of individuals with responsibility for implementing the case plan which may include PSD staff, parents or relatives, and the child if age appropriate.

L."Community service providers" refers to organizations or individuals that provide support services to families, and may include CYFD contractors or any public or private agency or individual.

M."Consent to adoption" is a document signed by the adoptee if the child is 14 of age or older consenting to the adoption.

N."Conversion adoption" refers to an adoption in which the child's resource parents have adopted the child.

O."CYFD" means the New Mexico children, youth and families department.

P."Disruption" means the removal of a child by CYFD from a pre-adoptive home after an adoptive agreement has been signed, but prior to the finalization of the adoption.

Q."Dissolution" means the legal termination of an adoption.

R."Fictive kin" is a person not related by birth or marriage who has a significant relationship with the child.

S."Foster child" or "Child in foster care" as referred to as "child" herein, means a child who is placed in the care and custody of children, youth and families department protective services division either under the legal authorization of the Children's Code or through a voluntary placement agreement signed by the parent or legal guardian, or a child who is placed with a licensed child placement agency under the authority of the Child Placement Agency Licensing Act. If the court orders legal custody to a relative, person, facility, or agency other than the children, youth and families department protective services division, the child is not a child in foster care of protective services division.

T."Freed for adoption" means all parental rights are terminated and all time for appeal is exhausted.

U."Home study" is the final written document that results from the assessment process to determine the suitability of an applicant for a resource parent license.

V."Individualized adoption plan (IAP)" is an individualized and specific recruitment plan developed by PSD staff for children who have a plan of adoption.

W."Initial relative or fictive kin assessment" is an in-home assessment of relative or fictive kin completed by the child's caseworker to determine suitability for provisional licensure.

X."Life book" is a combination of documents that remains with the child that may include photos, letters, correspondence, development milestones, memorabilia and other items related to the child's life.

Y."Maintenance payments" are payments designed to reimburse resource families for the cost of food, clothing, shelter, daily supervision, school supplies, a child's personal incidentals, and reasonable travel required to address the child's needs. Maintenance payments are not considered income.

Z."Non-conversion adoption" refers to an adoption in which a child is placed in a pre-adoptive home, for the purpose of adoption, which did not serve as a resource home for the child.

AA."Non-recurring adoption expenses (NRAE)" are reasonable and necessary adoption fees that may include transportation, food and lodging for the child and adoptive parent, court costs, attorney fees and other expenses which are directly related to the legal adoption of a child with special needs and which have not been reimbursed from other sources or funds.

BB."Post adoption contact agreement (PACA)" is an agreement between the birth and adoptive families regarding contact between them after the adoption has been finalized.

CC."Post placement support services" are services intended to strengthen families and support adoptive placement provided by PSD staff, or community service providers to children in custody and their pre-adoptive families to enhance the family's capacity to care for the child, assure the stability of the placement, and help the family meet the requirements to finalize the adoption.

DD."Post decree support services" are services provided by PSD staff or community service providers to children and families who have finalized an adoption to enhance the family's capacity to care for the child and support family functioning.

EE."Pre-adoptive home" refers to a family who has signed the adoption agreement to adopt a child in foster care, but the adoption has yet to finalize.

FF."Protective services division (PSD)" refers to the protective services division of the children, youth and families department, and is the state's designated child welfare agency.

GG."PSD custody" means custody of children as a result of an action filed under the New Mexico Children's Code, Sections 32A-4-1 NMSA 1978 or 32A-3B-1 NMSA 1978.

HH."Reasonable and prudent parent standard" means the standard of care characterized by careful, nurturing and thoughtful decision-making by the resource parent or out of home provider that is intended to maintain a child's health, safety, culture or cultural identity and best interests while encouraging the child's emotional, social and developmental growth.

II."Relative" means a person related to another person by birth, adoption or marriage within the fifth degree of consanguinity or affinity.

JJ."Resource family" refers to a person or entity licensed by CYFD, licensed by another state's child welfare agency, or a licensed child placement agency to provide foster care services including respite, non-relative, relative, or treatment foster care.. Resource family includes foster parents as defined by NMSA 32A-1-4(I) and pre-adoptive parents as defined by NMSA 32A-1-4(U).

KK."Resource home license" is the document which bears the name or names and address or addresses of those who are resource parents for the protective services division or licensed child placement agency. The license displays the ages and number of children in foster care the licensees are authorized to care for and the date such authorization begins and ends. The license shall bear the signature of the authorized person who issued the license.

LL."Resource parent" is the person named on the license issued by protective services division or a licensed child placement agency who is authorized to care for children in foster care. Throughout this policy, the term resource parent also refers to an adoptive parent whose adoption has not yet finalized. Resource parent includes foster parents as defined by NMSA 32A-1-4(I) and pre-adoptive parents as defined by NMSA 32A-1-4(U).

MM."Resource parent bill of rights" is a statement of PSD's responsibilities to resource parents.

NN."Transition calendar" refers to the calendar which is developed once the family has accepted the child for an adoptive placement.

OO."Traveling file" includes copies of the medical and educational records related to the child in foster care. The traveling file shall remain with the child.

N.M. Admin. Code § 8.26.2.7

8.26.2.7 NMAC - Rp, 8.26.2.7 NMAC, 5/29/09; A, 3/31/10, Amended 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