Current through Register Vol. 35, No. 11, June 11, 2024
Section 8.26.4.13 - CHILD ABUSE AND NEGLECT CHECK FOR FOSTER CARE PROVIDER LICENSUREA. For families applying to be licensed by PSD, staff shall conduct a FACTS search for abuse and neglect referrals on the applicant and all adult household members. If the applicant or any other adult household member resided in any state(s) other than New Mexico in the five years prior to the date of the application, PSD shall request each such state search its abuse and neglect information system or registry for information on the applicant or other adult household members and submit the results of that search to PSD. PSD must receive the results of the check or a letter from the other state if they do not have central registry prior to the issuing of a license and prior to a child being placed in a home. If during any time in the five years prior to the date of application the applicant resided in another country, PSD shall attempt to obtain an abuse and neglect check from the other country. Efforts to obtain abuse and neglect checks in another country shall be documented but inability to obtain abuse and neglect checks from another country shall not be a disqualifier for licensure.B. For families seeking to become foster care providers through agencies other than PSD, the agency shall submit a signed and notarized PSD approved "child abuse and neglect check" form to request the CRC unit conduct a FACTS search for abuse and neglect referrals on the applicant and each adult living in the applicant's home. If the applicant or any other adult household member resided in any state(s) other than New Mexico in the five years prior to the date of the application, the licensing agency shall request that each such state search its abuse and neglect information system or registry for information on the applicant or other adult household member and submit the results of that search to the requesting agency. CPA's must receive the results of the check or a letter from the other state if they do not have central registry prior to the issuing of a license and prior to a child being placed in a home.C. If the applicant or any adult household member has been the subject of a substantiated allegation of sexual exploitation or sexual abuse of a child, or has been substantiated for child abuse that resulted in a child fatality, then the applicant shall not be licensed.D. In the event of a substantiated report of child abuse or neglect, other than substantiated sexual exploitation, sexual abuse or child abuse resulting in death as listed above, involving the applicant or any adult household member, the application is assessed on a case-by-case basis to determine if the safety of any child in the home can be assured. In addition, applicants who have been referred to PSD for investigation of unsubstantiated allegations of child abuse, neglect or exploitation may be considered for licensure. The best interest of the child is paramount. This information shall be used to determine suitability for licensure.E. The application process for any applicant or adult household member with a pending child abuse or neglect investigation and no disposition shall be closed. The applicant may reapply when the investigation is complete.F. PSD staff must comply with any request described herein in Subsections A and B of 8.26.4.13 NMAC that is received from another state.8.26.4.13 NMAC - Rp, 8 NMAC 27.3.11, 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, Adopted by New Mexico Register, Volume XXXI, Issue 03, February 11, 2020, eff. 2/11/2020