N.M. Admin. Code § 8.26.4.15

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

Section 8.26.4.15 - HOME SAFETY, CAPACITY AND OTHER SPACE STANDARDS FOR FOSTER CARE PROVIDER LICENSURE

A. Living space: The applicant's home may be a house, mobile home, housing unit or apartment occupied by an individual or family.

B. Condition of the home: The applicant's home and all structures on the grounds of the property must be maintained in a clean, safe, and sanitary condition and in a reasonable state of repair within community standards. The home must satisfy the following living space standards:

(1) be free from objects, materials, and conditions that constitute a danger;

(2) prevent or eliminate rodent and insect infestation;

(3) have capability for regular disposal of trash and recycling, if recycling is available in the area;

(4) have a working phone or access to a working phone in close walking proximity;

(5) have at least one toilet, sink, and tub or shower in safe operating condition;

(6) have kitchen facilities with a sink, refrigerator, stove, and oven in safe operating condition;

(7) have heating and or cooling as required by the geographic area, consistent with the accepted community standards and in safe operating condition;

(8) have ventilation where household members and children in foster care eat, sleep, study and play. This includes ventilation for fuel-burning equipment for heating.

(9) have adequate lighting as required by the geographic area, consistent with the accepted community standards and in safe operating condition;

(10) have access to or a continuous supply of safe drinking water; and

(11) have proper water heater temperature. Any water heater must be set in accordance with the manufacturer's recommendations.

C. Household pets and animals:

(1) Any animal that poses a threat to the safety or health of a child in foster care must be confined in a place away from and inaccessible to the child, but in a manner that is in compliance with state and local animal control codes and statutes.

(2) Pets that are required to be vaccinated by state, county, local or tribal law must be vaccinated against diseases that can transmit to humans, including but not limited to rabies.

D. Pools, hot tubs and spas:

(1) Shall have a barrier on all sides, such as a fence or pool cover, and have a safety locking device such as a bolt lock. If a barrier cannot be installed on all sides, children shall not have access or be around to the area surrounding the pool without direct adult caregiver line of sight supervision at all times;

(2) Shall be equipped with a life saving device, such as a life preserver;

(3) If the swimming pool cannot be emptied after each use, the swimming pool must have a working pump and filtering system;

(4) Spas or hot tubs must have safety covers that are locked when not in use; and

(5) All children using swimming pools or hot tubs must be accompanied by an adult.

E. Capacity standards: The total number of children in a foster care provider's home must not exceed eight, of which no more than six may be children in foster care. PSD may determine lower capacities based on the family assessment and home study. The number of foster children cared for in a foster care provider home may exceed this numerical limitation at the approval of the regional manager for one or more of the following reasons:

(1) To allow a parenting youth in foster care to remain with the child of the parenting youth;

(2) To allow siblings to remain together;

(3) To allow a child with an established meaningful relationship with the applicant's family to remain with the family;

(4) To allow a foster care provider with special training or skills to provide care to a child who has a severe disability; and

(5) Other extenuating circumstances approved at the discretion of the PSD regional manager.

F. Sleeping arrangements: The applicant's home must provide the following sleeping standards, to include each child in foster care has a safe sleeping space and are treated equitably.

(1) Sleeping supplies, such as a mattress and linens to meet their basic needs;

(2) All cribs in the home must be in compliance with Consumer Product Safety Commission standards;

(3) Sleeping arrangements shall be age and developmentally appropriate for children in foster care placed in the home. Co-sleeping or bed sharing, when a parent(s) and infant share a sleeping surface, is prohibited. Room-sharing, when a parent(s) and infant or toddler share a room, but sleeps on a separate sleeping surface, is permitted;

(4) With PSD approval, children, age appropriate, who are relatives, may share a bed;

(5) All bunk beds in the home must have railings or PSD approved barriers on both sides to prevent falling;

(6) There must not be more than four children total sharing a room used as a sleeping space, unless the children are relatives and approved by PSD;

(7) A child over the age of five may share a room with a child of a different gender with PSD approval;

(8) Sleeping quarters for foster children shall be a contiguous part of the main family structure. Exceptions may be made for those children over the age of 16 who are preparing for independent living or for youth participating in the extended foster care program.

G. Emergency preparedness, fire safety, weapon storage, and evacuation plans: The applicant must meet the following safety, fire, weapon storage, and evacuation plan standards. The licensing agency shall assist relatives or fictive kin in bringing their home up to standards, unless there is a major safety issue.

(1) electrical wiring shall be installed and maintained in a manner that will not pose a hazard or risk to a child's safety or health. Electrical extension cords shall not be used for general wiring. If the licensing agent has doubts of the adequacy of electrical wiring, the licensing agent shall request for a local electrical inspector to inspect the wiring and submit a report to the licensing agent. The applicant is responsible for obtaining and paying for this inspection, however, a relative or fictive kin applicant who may need financial assistance shall contact PSD or the licensing agent for further support.

(2) have at least one smoke detector on each level of occupancy of the home and near all sleeping areas;

(3) have at least one carbon monoxide detector on each level of occupancy of the home and at least one near all sleeping areas;

(4) have at least one operable valid fire extinguisher that is readily accessible;

(5) be free of obvious fire hazards, such as defective heating equipment or improperly stored flammable materials. Household heating equipment must be equipped with appropriate safeguards, maintained as recommended by the manufacture;

(6) have a written emergency evacuation plan to be reviewed with the child and posted in a prominent place in the home;

(7) maintain a list of emergency telephone numbers, including poison control, and post those numbers in a prominent place in the home;

(8) have a written emergency evacuation plan to be reviewed with the child within 24 hours of placement in the home and posted in a prominent place in the home. The plan must identify multiple exits from the home, and designate a central meeting place close to the home that is known to the child yet at a safe distance from potential danger.

(9) shall maintain a stock of first aid supplies in the foster home, as recommended by the American Red Cross. Examples of first aid supplies may include but are not limited to:

(a) non-medicated adhesive bandages

(b) adhesive roller bandage;

(c) adhesive tape;

(d) sterile first aid dressings in sealed envelopes; and

(e) first aid cream or ointment.

(10) All weapons shall be stored and locked and inaccessible to children. All firearms shall be unloaded, locked and stored separately from ammunition. Ammunition shall be locked and stored separately as per the PSD approved weapons safety agreement. The foster family shall provide a signed copy of the PSD approved weapons safety agreement to the licensing agent. The following items are considered weapons:

(a) firearms;

(b) air guns;

(c) BB guns;

(d) hunting bows;

(e) hunting slingshots; and

(f) any other projectile weapon.

(11) Applicants who are also law enforcement officials, and can document their jurisdiction requires them to have ready and immediate access to their weapons, may be exempt from these weapons requirements provided the applicants adopt and follow a safety plan approved by PSD.

H. Hazardous materials: The applicant's home must prevent the child's access, as appropriate for their age and development, to all medications (including medical marijuana), poisonous materials, cleaning supplies, other hazardous materials, and alcoholic beverages.

I. Transportation: Applicants shall have access to reliable, legal and safe transportation. Reliable transportation includes access to a properly maintained vehicle or access to public transportation. If the applicant, familymember or friend operates an automobile, the applicant, family member or friend providing transportation shall have valid automobile insurance and registration as required by law and a valid driver's license. Motor vehicles shall have safety restraints as required by law and also shall have properly installed car seats for age appropriate children.

J. Additional safety standards: Any material of a sexual nature shall not be accessible by children. Child pornography is illegal and never allowed in a foster home and will be reported to law enforcement.

N.M. Admin. Code § 8.26.4.15

8.26.4.15 NMAC - Rp, 8 NMAC 27.3.17 & 8.27.2.23 NMAC, 5/29/09; A, 8/15/11, Amended by New Mexico Register, Volume XXX, Issue 12, June 25, 2019, eff. 6/25/2019, 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