N.M. Admin. Code § 8.26.5.24

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

Section 8.26.5.24 - CONTINUITY OF SERVICE

An agency shall provide continuity of services for children in their care in the event that a family transfers from one agency to another.

A. Transfers:

(1) Foster family: The transfer of a foster family from one agency to another when a child is placed in the home is discouraged, unless all members of the child's treatment team and the agencies involved agree that the transfer is in the best interest of the child. If the transfer is in the best interest of the child, the sending agency and receiving agency shall ensure that services being received by the child follow that child to the new agency in order to ensure consistency in the course of that child's treatment. If the home is a therapeutic foster home, both agencies must comply with the Treatment Foster Care Services, Certification Requirements for Child and Adolescent Mental Health Services, 7.20.11.29 NMAC. Both agencies shall provide written documentation, to PSD in the case of children in custody of PSD, or to the legal guardian when the child is not in custody of PSD that the transfer is in the best interest of the children currently in the home. A reasonable fee may be charged by the sending agency to the receiving agency for:

(a) document copying;

(b) time and effort spent conducting the home study; and

(c) training hours provided to parents.

(2) Adoptive family: Transfer of an adoptive family from one agency to another shall not occur after the agency had indentified the family and agreed to the placement. In permissible transfers, the family's request to transfer from one agency to another shall be made in writing to the agency that initially certified the family. When the adoptive parents have paid the applicable fees and after written notice of the transfer has been filed with the previous agency, the previous agency shall send documentation leading to certification to the current agency. A reasonable fee may be charged by the sending agency to the receiving agency for:

(a) document copying;

(b) time and effort spent conducting the home study; and

(c) training hours provided to parents.

(3) Fees: Foster and adoptive parents are not responsible for these fees. Agencies may file a complaint with PSD if they believe charges to be unreasonable.

B. New license: No foster care home or adoptive home may be licensed for placement by more than one agency or PSD.

(1) If a foster home license has been revoked by an agency due to a substantiated abuse or neglect investigation they may not be licensed by another agency unless the applicant can demonstrate that the dynamics that resulted in the abuse or neglect have been resolved and that no safety issues exist. In all such cases, the agency reviewing the application shall consult with PSD prior to approving the license.

(2) If a foster home license has been revoked by an agency due to any of the federally mandated automatic disqualifiers listed in Licensing Requirement for Foster and Adoptive Homes, Subsection D of 8.26.4.10 NMAC, then that family may not be licensed by another agency. Applicants who have a conviction for crimes other than those included in Subsection D of 8.26.4.10 NMAC are not disqualified from licensure; however this information shall be used to determine suitability for licensure. In all such cases, the agency reviewing the application shall consult with PSD prior to approving the license.

(3) When a family transfers from one agency to another agency, the new agency shall request the family to sign a PSD approved notification form that will serve the purpose of notifying any previous agencies of the family's application to a new agency. Previous agencies may release assessment information and home studies to the new agency regarding the family. Licenses issued by the new agency shall be considered new licenses and shall conform to these standards. It is the responsibility of the new agency to review the information provided by the previous agencies. This review shall be documented by the new agency. (See herein at Paragraph (2) of Subsection D of 8.26.5.18 NMAC and in Licensing Requirements for Foster and Adoptive Homes, Paragraph (9) of Subsection B of 8.26.4.9 NMAC)

(4) All foster care and adoption agencies shall follow the requirements for background checks, home studies or pre-placement studies as set forth in the Adoption Act Regulations, 8.26.3.18 NMAC, and the requirements for background checks and assessments as set forth in Licensing Requirements for Foster and Adoptive Homes, Sections 10, 11, and 12 of 8.26.4 NMAC.

C. Respite care: Any agency seeking to use a family licensed by another agency for respite care must receive advance approval from the child's legal guardian and the agency licensing the respite family.

N.M. Admin. Code § 8.26.5.24

8.26.5.24 NMAC - N, 5/29/09; A, 8/15/11