N.M. Admin. Code § 8.26.4.11

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

Section 8.26.4.11 - APPLICATION FOR INITIAL FOSTER CARE PROVIDER LICENSURE

A. PSD's relative and fictive kin placement preferences: PSD and child placement agencies (CPAs) shall give placement preference to relatives and fictive kin as foster care providers, regardless of citizenship or immigration status. The licensing agency shall assist relatives with meeting licensing requirements through identifying barriers, informing the applicant, and offering support. If a relative cannot be licensed to provide foster care for a child, this shall not preclude the relative from maintaining a meaningful relationship with the child while in foster care. In the event a child is not placed in a relative or fictive kin foster care placement, PSD shall continue to make diligent efforts to search for, identify and assess relatives throughout the life of the permanency case for potential placement of the child and to maintain familial connections.

B. Initial licensure application requirements for all applicants: During the initial licensure, all persons wishing to become a licensed foster care provider for PSD or for a CPA are required to complete the following:

(1) a foster care application;

(2) a home study, which is PSD's written comprehensive family assessment;

(3) a criminal records check and child abuse and neglect check; and

(4) pre-service training.

C. Provisional licensure for relative or fictive kin providers only: A child may be placed in a home with a relative or fictive-kin on an emergency basis with a provisional licensure for 60 days, with one possible 30 day extension, for a maximum of 90 calendar days. PSD may place a child with a relative or fictive kin on a provisional license if all of the following takes place by the PSD staff:

(1) Complete federal, state, and local (as applicable) criminal background checks of applicants and any other adult household member. To determine eligibility, the results of the check shall be assessed using the criteria described herein at 8.26.4.12 NMAC. PSD shall immediately inform the relative or fictive kin foster care provider of the requirements to submit an application for a criminal background check, and complete the application for background check no later than three business days from the child's placement in the home, as described in the New Mexico Children's Code Adoption Act, Section 32A-4-8, NMSA 1978.

(2) State, tribal, and local child abuse and neglect registry and adult protective services registry check of applicants and any other adult household member. To determine eligibility, the results of the check shall be assessed using the criteria described herein at 8.26.4.13 NMAC.

(3) Child abuse and neglect registry and adult protective services registry checks from any other state in which applicants and other adult household members have resided in the preceding five years.

(4) State and national sex offender registry check of applicants and any other household member who is an adult. To determine eligibility, the results of the check shall be assessed using the criteria described herein at 8.26.4.13 NMAC.

(5) Preliminary visual home inspection to assess the safety of the home.

(6) Preliminary assessment of the ability of the applicants to meet the needs of the child.

(7) Discuss assurance agreement, as described herein Subsection C of 8.26.4.17 NMAC, complete the initial relative assessment documentation, and obtain applicant signatures on the agreement.

(8) The safety of the child is the primary consideration. If this is ever in conflict with the placement of a child with a potential relative or fictive kin provider, PSD makes the final placement decision in favor of the child's safety and may deny licensure based on PSD's initial relative assessment.

D. Only qualified PSD and CPA staff or individuals certified by PSD as licensing agents shall conduct home studies. See process for certification as a licensing agent as set forth in 8.26.3.17 NMAC.

E. The placement of a child in a non-relative placement upon emergency removal shall be approved by the county office manager prior to placement of the child.

F. Home study forms and requirements are determined by PSD. The SAFE home study is the approved home study format to be used in New Mexico.

G. Upon receipt of the initial application of a relative or fictive kin care provider, the licensing agent has three business days to contact the family, as described in the New Mexico Children's Code Adoption Act, Section 32A-4-8, NMSA 1978.

H. From the date of application, the licensing agent shall complete the licensure process within the following timeframes:

(1) For a relative or fictive kin applicant provisional license: 60 days with one possible 30 day extension approved by the PSD regional manager. If the relative or fictive kin is not licensed within the initial 60 day period, PSD must conduct a staffing 15 days prior to the 60 day expiration date to include: the placement worker, permanency worker, placement supervisor, children's court attorney and county office manager to determine if the child shall be removed. Removal may be appropriate unless:

(a) A direct placement of the child in the home is ordered by the court while the child is still in the custody of PSD;

(b) The applicant files for and receives care and custody of the child directly from the court; or

(c) The PSD regional manager grants an extension of up to an additional 60 calendar days for applicants to complete licensure if it is determined removal of the child would be detrimental to the child's best interests.

(2) For all other applicants:

(a) Non-relatives: The licensing agent shall complete the licensure process within 120 days of receipt of the application.

(b) Relatives and fictive kin applicants who apply to become foster care providers through a regular licensing process: The licensing agent shall complete the licensure process within 60 days of receipt of the application, with one possible 30 day extension approved by the PSD regional manager.

N.M. Admin. Code § 8.26.4.11

8.26.4.11 NMAC - Rp, 8.27.2.17 NMAC, 5/29/09; A, 8/15/11, Amended by New Mexico Register, Volume XXX, Issue 13, July 16, 2019, eff. 7/16/2019, Adopted by New Mexico Register, Volume XXXI, Issue 03, February 11, 2020, eff. 2/11/2020