N.M. Admin. Code § 8.26.4.21

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

Section 8.26.4.21 - GUIDANCE FOR LICENSURE OF NON-UNITED STATES CITIZENS WITHOUT LEGAL PERMANENT RESIDENCY

A. All non-U.S. citizens without legal permanent residency who wish to be considered as relative or fictive kin placements shall comply with all licensure application requirements described herein Subsection B of 8.26.4.11 NMAC. PSD shall be responsible for conducting full licensure of non-U.S. citizens without legal permanent residency. Licensure of non-U.S. citizens without legal permanent residency shall not be contracted to other providers.

B. Criminal record checks (CRC) for non-U.S. citizen relative or fictive kin foster care providers:

(1) Non-U.S. citizen relative or fictive kin applicants without legal permanent residency must meet all requirements for criminal records checks described herein 8.26.4.12 NMAC with the exception of fingerprinting.

(2) Fingerprinting is the preferred method for background checks, however, an individual who is a non-U.S. citizen without legal permanent residency in the United States may choose not to be fingerprinted and may provide other forms of identification for a background check. Other forms of identification accepted for background checks are the following:

(a) Foreign passports

(b) Consular Identification (Matricula Consular)

(c) Non-REAL ID state identification

(d) Active Duty/Retiree/Reservist Military ID Card (000 10-2)

(3) The licensing agency shall provide assistance to the relative or fictive kin applicants with obtaining an acceptable form of identification.

(4) The national crime information center (NCIC) checks and abuse and neglect checks remain a mandated requirement for all relative or fictive kin applying to become licensed foster care providers. Relatives or fictive kin providers who are non-US citizens without legal permanent residency and who choose not to go through the fingerprinting process are still eligible to be foster care providers. PSD workers must notify their region's Title I-VE specialist immediately upon placement of a child with a non-U.S. citizen relative or fictive kin without legal permanent residency.

C. Child abuse and neglect checks for non-U.S. citizen foster care applicants who are not a legal permanent residents shall be conducted in compliance with 8.26.4.13 NMAC. 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.

D. Non-U.S. citizen relative or fictive kin applicants who are not legal permanent residents shall meet all other licensing requirements for:

(1) Physical and Mental Health Standards;

(2) Home Safety, Capacity and other Space Standards; and

(3) Home study requirements:andTraining Requirements.

E. Immigration considerations: PSD staff shall notify the PSD Immigration Director and Immigration Specialist of any non-U.S. citizen relative or fictive kin provider without legal permanent residency licensed in New Mexico including through ICPC.

N.M. Admin. Code § 8.26.4.21

8.26.4.21 NMAC - Rp, 8.27.2.30 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