Current through Register Vol. 35, No. 11, June 11, 2024
Section 8.26.5.15 - AGENCY OPERATIONSA. Agency protocol: It is the responsibility of each agency to be aware or and conform to the following: (1) New Mexico Children's Code, Chapter 32A, NMSA 1978;(2) New Mexico Adoption Act, 32A-5-1, NMSA 1978;(3) Governing Background Checks and Employment History Verification, 8.8.3 NMAC;(4) Adoption Act Regulations, 8.26.3 NMAC;(5) Certification Requirements for Child and Adolescent Mental Health Services, 7.20.11 NMAC (for treatment foster care agencies);(6) Indian Child Welfare Act of 1978 (ICWA) ( 25 U.S.C 1901 et seq.);(7) Adoption and Safe Families Act of 1997 (ASFA), P.L. 105-89;(8) Interstate Compact on the Placement of Children (ICPC);(9) Interstate Compact on Adoption and Medical Assistance (ICAMA);(10) Multi-Ethnic Placement Act of 1994 (MEPA), as amended by the Interethnic Adoption Provisions of 1996;(11) Adam Walsh Child Protection and Safety Act of 2006;(12) Safe and Timely Interstate Placement of Foster Children Act of 2006;(13) Fostering Connection for Success and Increasing Adoptions Act of 2008; and(14) Child Abuse Prevention and Treatment Act Reauthorization of 2010.B. Ethical operations: The agency operates in an ethical manner and according to any standards a relevant licensing board promulgates, including, but not limited to the following: (1) Favoritism: The licensed child placement agency determines if the governing board, staff and consultants are favored when applying for or receiving the services of the agency. If placement is made with a staff member or board member or consultant, the pre-placement study is conducted by an unrelated licensed placement agency or private person meeting the qualifications set forth in the Adoption Act Regulations, Subsection D and E of 8.26.3.17 NMAC.(2) Compensation: An agency shall not provide compensation or solicit a provider of services for the purpose of the agency's benefit, not shall an agency receive compensation for referring providers to other agencies.(3) Conflict of interest: An agency prohibits its staff, consultants and governing board members to provide private practice services to its applicants, clients or their families. PSD may review restrictions and suspend the applicability of this restriction if the services were in place 60 days prior to the date of application or intake and the record reflects a finding that it is in the best interest of the individual and why it is in their best interest to maintain the professional relationship. No one may provide foster care services or adopt a child for whom he or she has any case management responsibility.(4) Gifts: Gifts may not be given or received between or among clients, staff and agencies.(5) Discrimination: Agencies who receive state or federal monies, shall not discriminate against applicants, clients, or employees based on race, religion, color, national origin, ancestry, sex, age, physical or mental handicap, or serious medical condition, spousal affiliation, sexual orientation or gender identity.8.26.5.15 NMAC - Rp, 8.27.6.12 NMAC, 5/29/09; A, 3/31/10; A, 8/15/11