N.M. Code R. § 8.26.3.25

Current through Register Vol. 35, No. 11, June 11, 2024

Section 8.26.3.25 - COUNSELING

A. See Section 32A-5-22 NMSA 1978.

B. Who shall provide counseling:

(1) Department adoption: A department employee designated by the department to provide counseling shall provide adoptive counseling. The designated counselor or the person designated to supervise the counseling shall:

(a) hold a master's of social work degree from a school of social work accredited by the council of social work education and be licensed by the New Mexico board of social work examiners or hold a master's degree from an accredited degree-granting institution in sociology, psychology, guidance and counseling or counseling or be licensed as a licensed professional clinical counselor (L.P.C.C.) by the counseling and therapy practice board; and

(b) have two years paid, full-time experience in family evaluation and child development and behavior.

(2) Agency adoption: An agency employee designated by the agency to provide counseling shall provide adoptive counseling. The designated counselor or the person designated to supervise the counseling shall have the same qualifications as described in Section. 25.2.1 [now Paragraph (1) of Subsection B of 8.26.3.25 NMAC].

(3) Independent adoption: See Sections 17.5.3 and 17.5.4 [now Paragraphs (3) and (4) of Subsection E of 8.26.3.17 NMAC]

C. When counseling shall occur: The consent or relinquishment shall not be taken on the same day as the counseling session unless extraordinary circumstances exist and are documented in the counseling narrative.

D. Counseling in person: All counseling shall be conducted in person.

E. Counseling narratives: A separate counseling narrative shall be prepared for each person counseled and attached to the person's consent or relinquishment.

F. Parent counseling: Any parent whose consent or relinquishment is required pursuant to Section 32A-5-17 NMSA 1978 shall receive counseling concerning adoption and its alternatives from a person with qualifications specified in Section 32A-5-22(G) NMSA 1978 and Sections 17.5.3 and 17.5.4 [now Paragraphs (3) and (4) of Subsection E of 8.26.3.17 NMAC].

(1) Minor biological parent: For a biological parent under the age of eighteen (18) years, in addition to the above-specified requirements, counseling shall be given on at least two separate occasions and at least one of the sessions shall be conducted without the presence of the biological parent's parent, guardian or the prospective adoptive parent.

(2) Parent counseling narrative: The narrative shall contain:

(a) the date and duration of each counseling session;

(b) a description of alternatives discussed with the parent, which shall include at a minimum the advantages and disadvantages of the following options:

(i) keeping and parenting the child;

(ii) temporary custody with, or support from, extended family or friends;

(iii) voluntary foster care;

(iv) abortion, by referral if necessary; and

(v) state aid.

(c) the reason the parent wishes to relinquish or consent to the adoption of the adoptee;

(d) the response of the parent regarding the receipt or promise of financial assistance or services related to the adoption, which shall include the following:

(i) whether payments were made to third party vendors, i.e., landlord, utility company, grocery store, etc;

(ii) whether the amounts were reasonably practical within the prevailing costs of the community of residence;

(iii) whether assistance was provided in areas other than counseling, including but not limited to legal services, medical care, travel related to necessary services, living expenses for the biological mother and her dependent children for a reasonable time before the birth of her child and not more than six weeks after the birth (see Section 32A-5-34 NMSA 1978 for permissible payments); and

(iv) whether repayment of these expenses is a consideration for the parent in completion of the relinquishment or consent;

(e) the response of the parent to the counselor's inquiry regarding Indian heritage;

(f) the response of the parent to the counselor's inquiry regarding ethnic heritage;

(g) the parent's desires as to the kind of adoptive family sought;

(h) if the parent has selected a prospective adoptive family, the parent's description of the specific circumstances which led to the identification and selection of the prospective adoptive family which shall include the following:

(i) reasons why the parent made the selection; and

(ii) the name, role and relationship of any third person who assisted in the identification and selection of the prospective adoptive parents;

(i) the response of the parent regarding:

(i) counseling being provided in his/her primary language;

(ii) relinquishment or consent being obtained without threats or coercion from any person;

(iii) irrevocability of relinquishment or consent;

(iv) consequences of adoption including ramifications of divorce or death; and

(v) awareness of their right to legal counsel.

(3) Signatures: The counseling narrative shall be signed and dated by both the counselor and the parent being counseled.

(4) Signatures in department or agency adoptions: Department or agency adoptions, the counselor's supervisor shall also sign the counseling narrative if the counselor does not have the required master's degree.

G. Stepparent adoption counseling: See Section 33.5 [now Subsection E of 8.26.3.33 NMAC].

H. Adoptee counseling: In all adoptions where the adoptee is ten years of age or older, the adoptee shall be counseled in compliance with Section 32A-5-22(C)(1) NMSA 1978.

I. Adoptee counseling narrative:

(1) The counseling narrative for the adoptee shall comply with the requirements specified in Section 32A-5-22(C)(1) NMSA 1978. Additionally, the counselor shall inform the child prior to counseling that the narrative shall contain:

(a) the date and duration of each counseling session;

(b) alternatives to adoption discussed;

(c) consequences of adoption including inheritance, death of a parent, loss of government benefits and divorce;

(d) description of relationship with parent or legal custodian;

(e) description of relationship with prospective adoptive parent;

(f) desires of the child regarding adoption;

(g) discussion of child's name after adoption; and

(h) desires of the child regarding post-adoption contact, if any, with the parent or other family members.

(2) Counselor's recommendation: If the counselor has significant concerns about the adoption, the counselor shall prepare a separate statement entitled counseling narrative recommendation to be submitted to the court and the department stating the counselor's concerns and any recommendations the counselor may have such as additional counseling and the child's need for legal advice or appointment of a guardian ad litem.

(3) Signatures: The counseling narrative shall be signed and dated by both the counselor and the adoptee.

N.M. Code R. § 8.26.3.25

01/01/98; Recompiled 11/30/01