Current through Register Vol. 35, No. 11, June 11, 2024
Section 8.26.3.18 - PRE-PLACEMENT STUDYA. See Section 32A-5-14 NMSA 1978.B. In addition to the requirements of Section 32A-5-14 NMSA 1978, the pre-placement study shall include the following: (1) log of contacts made designating the nature of the contact (e.g., telephone, office visit, etc.) and duration of each significant contact;(2) general impression of the family;(4) exploration of ethnic considerations including social and cultural issues;(5) if the adoptee is an Indian child, a statement of compliance with the ICWA placement preferences pursuant to Section 32A-5-5 NMSA 1978 and Section 44.7 [now Subsection G of 8.26.3.44 NMAC] of these regulations, or efforts made to comply with same;(6) family background assessment;(7) courtship and marriage;(8) other significant interpersonal relationships;(9) children in the home;(10) assessment of parenting skills, knowledge and experience;(11) family's ability to cope with crises;(12) caring for a special needs child, if applicable;(13) financial issues and status;(14) physical and social home environment and neighborhood environment;(15) religious philosophy and practices;(16) health issues that may impact the family's ability to care for an adoptee;(17) an evaluation of the family in relation to the type of child desired or to be placed;(18) a statement of the status of the criminal records check; and(19) a recommendation by the preparer of the pre-placement study including the reasons for approval or denial of the adoptive family.(20) the preplacement study shall be signed and dated by the investigator. In department or agency adoptions, the investigator's supervisor shall also sign the pre-placement study if the investigator does not have a master's degree.C. Only a pre-placement study which has been prepared or updated within one year immediately prior to the date of placement shall be accepted.D. Full disclosure:(1) Reasonable efforts made shall be used to obtain all available information for full disclosure. At a minimum, reasonable efforts shall include contact, or documented attempts to contact, the following:(b) health providers, both physical and mental;(c) educational providers; and(d) prior placements providers.(2) Confidentiality: The confidentiality provisions of the Act apply to information obtained for purposes of meeting full disclosure requirements. See Section 32A-5-8 NMSA 1978.(3) Biological parents shall execute any and all releases necessary to accomplish and satisfy requirements of full disclosure.(4) Prior to placement of the child for the purpose of adoption, the department, agency, investigator or petitioner's attorney shall provide full disclosure of all available information about the child including:(a) health history, mental and physical;(e) physical descriptions;(f) social background information;(h) educational background;(i) incidents of sexual or physical abuse, neglect; and(j) behavioral characteristics.(5) If a request for placement is not required by the Act, the full disclosure form shall be completed and attached to the request for placement or to the petition for adoption.(6) Continuing duty to provide full disclosure: If all of the full disclosure information is not available at the time of placement, the agency, department, investigator or petitioner's attorney shall continue to attempt to obtain such information after placement and shall provide such information to the adoptive parent as it becomes available up to the time of entry of the decree of adoption. If additional relevant information is obtained after the entry of the decree of adoption, it shall be provided to the adoptive parent, if known, and to the department.E. Required signatures: The pre-placement study shall be signed and dated by the preparer of the study. If the study is prepared by the department or an agency, the study shall also be signed and dated by the preparer's department supervisor or the agency's executive director.F. Criminal records check: To obtain a criminal records check, the following procedure shall be followed:(1) Fingerprint cards shall be obtained from the department at the address provided in Section 11.2 [now Subsection B of 8.26.3.11 NMAC].(2) The name of the requesting person (department, agency, investigator or petitioner) and the type of adoption (department, agency or independent) shall be typed or printed on the back side of each fingerprint card.(3) Two completed cards are required for each individual.(4) Fingerprinting may only be done by qualified personnel, generally at the office of local police, sheriffs, city and county jails, and at some district offices of the New Mexico department of public safety.(5) A fee may be charged by these agencies for taking the fingerprints.(6) After the fingerprints have been taken, a set of the fingerprint cards and a separate cashier check or money order for each person requesting the criminal records check (e.g., two checks for a couple) made payable to the department of public safety shall be mailed to: Department of Public Safety, Law Enforcement, Records Bureau, P.O. Box 162, Santa Fe, NM 87504.(7) The results of the federal and state criminal records check shall be sent to the department, a state agency authorized by law for such purposes; and(8) The department shall forward the results of the federal and state criminal records checks to the requesting person and to the court if an adoption proceeding has been filed.G. Foreign born substitute criminal records check: In any adoption involving a foreign-born child, the U.S. department of immigration form providing the results of the petitioner's criminal records check (currently form I-171) may be submitted in lieu of the criminal records check.H. Duration of criminal records check: A criminal records check shall be valid for twenty-four months.I. Completion of criminal records check: The criminal records check on each petitioner shall be completed, and the information made available to all interested parties prior to the entry of a final decree of adoption.01/01/98; Recompiled 11/30/01