Current through Register Vol. 35, No. 11, June 11, 2024
Section 8.26.4.12 - CRIMINAL RECORDS CHECKS (CRC) FOR FOSTER CARE PROVIDER LICENSUREA. All persons wishing to become licensed foster care providers for PSD or for a child placement agency must complete a CRC. CRCs are required for all applicants and adults living home.B. Applicants who have a completed home study by a private agency must complete the CRC requirement for foster care providers.C. CRC clearance letter for all adult household members must be received by PSD or the child placement agency (CPA) prior to issuing full licensure. The CRC unit conducts federal and state criminal record checks for all adults living in the home.D. PSD staff and CPA staff shall register applicants and adult household members to be fingerprinted.E. PSD staff and CPA staff shall complete the CRC application and submit to the PSD CRC Unit.F. PSD and CPA staff shall conduct a search of the applicant and all adult household members through www.nmcourts.gov and a national sex offender registry through https://www.nsopw.gov/. Results shall be confirmed in the CRC clearance letter.G. PSD and CPA staff shall request a check of any other child abuse or neglect registry in a state or tribe in which any such applicant or other adult household member has resided in the preceding five years of the date of application.H. Licensure shall not be approved in any case in which the CRC results for the applicant or any adult household member reveal any of the following federally mandated automatic disqualifiers: (1) a felony conviction for child abuse or neglect;(2) a felony conviction for spousal abuse, domestic abuse, or abuse against a household member;(3) a felony conviction for a crime against children, including child pornography;(4) a felony conviction for any crime involving violence, including rape, sexual assault, homicide, robbery, and aggravated assault, but not including other assault (not aggravated) or battery; or(5) a felony conviction within the past five years for assault, battery, or a drug or alcohol related offense.I. Applicants who have a conviction for crimes other than those noted above are not automatically disqualified; however this information shall be used to determine suitability for licensure. All police or court records relating to the applicant or other adult living in the home shall be considered in determining suitability for licensure. Applicants are responsible for obtaining a certified court disposition of criminal records and police reports and are required to return these documents to the CRC unit within 30 days of the date of the CRC letter. PSD must also consider the following: (4) age of the individual at the time of conviction;(5) length of time that has elapsed since the last conviction;(6) relationship of the crime and the capacity to care for children;(7) evidence of rehabilitation; and(8) opinions of community members concerning the individual in question.J. The home study process for any applicant or adult living in the home with a pending criminal charge and no disposition shall be closed. The applicant may reapply after disposition of the charge.K. Applicants and all household members have an ongoing duty to report any juvenile offenses committed by another household member. The existence of a household member with a juvenile offense does not automatically exclude the applicants. PSD must consider the suitability of the home based on the criteria used to assess crimes set forth described herein Paragraphs (1) through (8) of Subsection I of 8.26.4.12 NMAC.8.26.4.12 NMAC - Rp, 8 NMAC 27.3.14 & 15, 5/29/09; A, 3/31/10; A, 8/15/11, Amended by New Mexico Register, Volume XXX, Issue 13, July 16, 2019, eff. 7/16/2019, Amended by New Mexico Register, Volume XXX, Issue 17, September 10, 2019, eff. 8/21/2019, Adopted by New Mexico Register, Volume XXXI, Issue 03, February 11, 2020, eff. 2/11/2020