N.M. Admin. Code § 8.26.4.20

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

Section 8.26.4.20 - DENIAL, REVOCATION, SUSPENSION, OR NON-RENEWAL OF A FOSTER CARE PROVIDER LICENSE

A. Denial of a license:

(1) PSD or child placement agency staff may deny an applicant's request for licensure based on a documented professional assessment using the PSD approved home study format and supervisory tool. When a denial is recommended by the PSD worker, concurrence by the supervisor, county office manager, juvenile justice bureau chief, clinical director or agency executive director is required. Denial for a relative or fictive kin shall require a team review to include the PPW worker, PPW supervisor, placement worker, placement supervisor and COM. Denial, revocation, suspension, or non-renewal must clearly document that in the professional assessment using the approved PSD home study format of the licensing agent, documenting that the prospective or current foster care applicant cannot adequately provide safety, permanency, and well-being for a child in foster care and any concerns cannot be mitigated.

(2) Applicant's may be denied licensure at any point in the licensing process. The applicant shall be notified in writing of the denial within 10 business days of PSD or child placement agency's final decision by certified return receipt mail.

(3) Applicants who have been denied an initial foster parent license may request an administrative review of the reasons for the denial of the initial license. The request must be in writing and within 10 days of the return receipt of the notice of denial. This review is an informal process completed by the licensing agent and third party that was not directly supervising the licensing agent, which may include an informal conference or record review. The administrative review does not create any substantive rights for the family.

B. Revocation or non-renewal of a license: A foster care license may be revoked or not renewed by the licensing agent at any time for reasons which may include but are not limited to:

(1) disqualifying criminal records check results as described herein at Subsection H of 8.26.4.12 NMAC;

(2) disqualifying abuse and neglect check results as described herein at Subsection C of 8.26.4.13 NMAC;

(3) failure to comply with 8.26.2 NMAC, 8.26.4 NMAC, 8.26.5 NMAC or PSD policies;

(4) failure to immediately report any arrests to PSD or CPA;

(5) failure to report changes in the family, including the addition of new adult household members within five days of the change;

(6) willful misrepresentation of any information during the home study process;

(7) failure to comply with health and safety measures, including those requirements described herein at 8.26.4.15 NMAC;

(8) returning a child to PSD or another agency without seeking support services provided by PSD, the agency or community service providers in order to preserve the placement;

(9) refusal to comply with case plan;

(10) inability to adequately meet the needs of the child;

(11) failure to include children in family activities;

(12) overuse or inappropriate use of respite care and reasonable and prudent parenting;

(13) failure to actively preserve connections with or failure to make reasonable efforts to maintain connections between foster children and their birth families and community of origin such as:

(a) siblings or other birth relatives;

(b) school or community providers;

(b) church community; and

(c) fictive kin, or the child's friends.

(14) failure to demonstrate the ability to provide emotional support during fundamental times of a child's life;

(15) repeated refusals by non-relative foster care providers to accept children who have been matched for placements;

(16) failure to participate in required training;

(17) failure to comply with PSD's decisions regarding the child's safety, permanency, and well-being;

(18) misuse use or abuse of substances including but not limited to:

(a) alcohol;

(b) illegal substances; and

(c) legal prescription drugs and non-prescription drugs.

(19) exposure of the child to cigarette smoking and tobacco products; and

(20) a documented professional assessment that continued licensure would be contrary to the safety, permanency, and well-being of the child, or in the opinion of the licensing agent, conditions in the foster home are not conducive to the fostering of children.

C. Corrective Action Plan (CAP): Corrective action plans may be implemented as an alternative to revocation of a license when, in PSD or the child placement agency's assessment, the foster care provider is capable of resolving the violations within a period of six months.

(1) It shall be PSD's or the child placement agency's sole discretion whether a foster care provider may continue to have children placed in their home during the pendency of a CAP;

(2) A CAP must be in writing, signed and dated by the foster care provider and the licensing agent;

(3) The CAP shall set forth the policy violations of the foster care provider as described herein at Paragraphs (1) through (20) of Subsection B of 8.26.4.19 NMAC;

(4) The CAP shall set forth the conditions the foster care provider must meet in order to rectify the policy violations and the deadline within which they must meet the conditions. Conditions may include, but are not limited to the following:

(a) additional training;

(b) increased scheduled or unscheduled home visits by PSD or the child placement agency staff;

(c) compliance with the case plan for the child;

(d) participation in therapeutic, parenting, or other services.

(5) Failure of the foster care provider to agree to the terms of a CAP may result in revocation for the policy violations that led to the proposed CAP;

(6) Failure to comply with the conditions of the CAP may result in revocation of the foster care license.

D. Suspension of a license: Suspension of a license is involuntary and may not last more than 12 months. Reasons for suspension may include all the reasons described herein at Paragraphs (1) through (20) of Subsection B of 8.26.4.20 NMAC, as well as:

(a) substantiated abuse or neglect referrals; or

(b) during the period of a corrective action plan.

E. Voluntary placement hold: A foster care provider may voluntarily decide to temporarily defer their licensure and not accept placements for a period of up to 12 months. Voluntary placement holds must be approved by the licensing agency. A foster care provider may opt for a voluntary placement hold for the following reasons:

(a) medical conditions;

(b) adoption; or

(c) life changes within the household.

F. Notification: The foster care provider shall be notified in writing, by return of receipt mail, of the reason for revocation, suspension or non-renewal of the license and shall provide the foster care provider the opportunity to request an appeal before an impartial hearing officer appointed by or approved by the CYFD secretary where the family has the opportunity to present evidence on their behalf and to be assisted by counsel. The foster care provider shall request an appeal within 10 business days of receipt of the notification of the proposed action. If the family does not request an appeal within the 10 business days, then the decision to revoke, suspend or not renew a license shall be final. Administrative hearings are conducted in accordance with 8.8.4 NMAC.

G. Reinstatement of a license: A foster care provider whose license has been revoked, suspended, or not renewed may petition the licensing agency that issued the license to have the license reinstated upon proof that the noncompliance with the policies have ceased. The best interest of children shall be the primary consideration in determining whether reinstatement is appropriate. PSD or the child placement agency must ensure all licensing requirements are met prior to reinstatement. A PSD decision to reinstate a license must be approved by the PSD regional manager.

N.M. Admin. Code § 8.26.4.20

8.26.4.20 NMAC - Rp, 8.27.2.27 NMAC, 5/29/09, Reserved 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