N.M. Admin. Code § 8.26.3.17

Current through Register Vol. 35, No. 20, October 22, 2024

Section 8.26.3.17 - INDEPENDENT ADOPTIONS

A. See Section 32A-5-13 NMSA 1978.

B. Placement shall not occur prior to the petitioner obtaining a placement order from the court.

C. Procedure to obtain placement order:

(1) A request for placement shall be filed thirty (30) days prior to placement.

(2) The request for placement shall be served on the same persons upon whom the petition for adoption is served and in the same manner. See Sections 32A-5-7(B) and 32A-5-27 NMSA 1978.

(3) A pre-placement study shall be filed prior to a hearing on the request for placement.

(4) A hearing and the court decision on the request for placement shall occur within thirty days of the filing of the request for placement. For good cause shown, the court may shorten the time to twenty days and in the event of exigent circumstances, including premature birth, the court may shorten the time to five days. See Section 32A5-13H NMSA 1978.

(5) In addition to the findings on the request for placement, the placement order shall include a finding that the pre-placement study complies with Section 32A-5-14 NMSA 1978 and Section 18 [now 8.26.3.18 NMAC].

D. Who may conduct adoptive counseling studies and reports: Only persons certified by the department shall be permitted to conduct adoptive counseling, studies and reports. Adoptive counseling narratives, pre-placement studies and post-placement reports will not be accepted if the persons conducting these services are not certified by the department.

E. Certification of investigator and counselor in independent adoptions:

(1) Qualifications of investigator: To qualify as an investigator, the applicant shall:

(a) hold a master's of social work degree from a school of social work accredited by the council of social work education and be licensed by the New Mexico board of social work examiners or hold a master's degree from an accredited degree-granting institution in sociology, psychology, guidance and counseling or counseling or be licensed at the licensed professional clinical counsel level (L.P.C.C.) by the counseling and therapy practice board; and

(b) have two years paid, full-time experience in family evaluation and child development and behavior.

(2) Indian child investigator or counselor: If the adoptee is an Indian child, the investigator may be a person authorized by an Indian tribe to conduct adoptive studies or counseling by an Indian tribe.

(3) Qualifications of counselor: An individual providing counseling shall be a licensed psychologist, a licensed psychiatrist, a social worker licensed at the master's or independent level, a counselor or therapist licensed at the L.P.C.C. level; or by an agency. See Section 32A-5-22(G) NMSA 1978.

(4) Certification: In addition to meeting the qualifications specified in Section. 17.5.1 or 17.5.3 [now Paragraphs (1) or (3) of Subsection E of 8.26.3.17 NMAC] the individual shall be certified by the department and appear on the department's current list prior to conducting adoptive services. If the person preparing the adoptive services is out-of-state, such person shall attach a statement setting forth qualifications that are equivalent to those required of an investigator or counselor pursuant to the provisions of Sections 32A-5-13 and 32A-5-22 NMSA 1978 respectively and the regulations.

(5) Application process: The applicant shall complete the department's application form and attach all documentation required to verify the applicant's qualifications. The applicant shall include at a minimum:

(a) certified copies of college transcripts;

(b) resume which shall specify the applicant's experience in family evaluation and child behavior and development;

(c) copies of relevant licenses or certificates received; and

(d) results of the federal criminal records check.

(i) Filing false documentation: Persons filing false documentation with the department are in violation of the Act and subject to the penalties provided in Section 32A-5-42(B) NMSA 1978.

(ii) Application fee: The amount of the fee shall be specified on the application form.

(6) Individuals who are not eligible for certification are:

(a) persons who are currently employed by the department;

(b) persons who are employed full-time or part-time by a New Mexico licensed child placement agency if the agency is providing contract adoptive services for the department; and

(c) persons subject to a legal disability with respect to certification.

(7) Certification process:

(a) The department shall be responsible for reviewing the application form and the documentation attached to the application and making a decision regarding certification of the applicant's qualifications within ninety calendar days of the filing of the application. If the applicant's qualifications are satisfactory, the department shall certify the person as an investigator or counselor and place the applicant's name, address, telephone number and service area on the list.

(b) If the department is unable to determine if the applicant meets the minimum requirements to be certified, the department shall request the applicant to submit additional information. The ninety day review period shall commence upon receipt of the completed application and all of the documentation requested by the department.

(c) The department shall notify the applicant in writing of the applicant's certification or non-certification.

(8) Continuing education: Certified investigators and counselors shall comply with continuing education requirements prescribed by the department.

(9) Maintenance of list: The department shall update the list every six months. The effective time period of the list shall be specified on the list. The list of certified counselors shall be obtained by requesting it in writing from the department at the address provided in Section 11.2 [now Subsection B of 8.26.3.11 NMAC].

(10) Deletion of investigator or counselor from list:

(a) For good cause, the department shall delete the investigator or counselor from the list. Good cause shall include failure to comply with the Act, regulations or written department protocol.

(b) If the department deletes an investigator or counselor from the list, the department shall notify, within ten days, the investigator or counselor that he/she has been deleted from the list and the reasons for the deletion.

(c) Upon receipt of notice of deletion from the list, the investigator or counselor shall not conduct adoptive services in independent adoptions and shall notify any individual requesting such services from the investigator or counselor that the investigator or counselor is no longer certified. Failure to provide such notification may result in penalties pursuant to Section 32A-5-42 NMSA 1978.

(11) Representations to the public:

(a) The investigator or counselor shall at all times clearly represent to persons requesting the investigator's or counselor's services that the investigator or counselor is acting in his/her independent capacity as an investigator or counselor in independent adoptions.

(b) If the investigator or counselor also provides adoptive services as an employee of a New Mexico licensed agency, he/she shall not use the letterhead, business cards, etc. of the child placement agency. Furthermore, an investigator or counselor employed by an agency shall not provide services in his/her independent capacity from the premises of the child placement agency unless the biological parent or the prospective adoptive parent signs a statement of understanding that the investigator or counselor is acting in his/her independent capacity.

(12) Appeal process: Any applicant wishing to appeal the certification decision of the department shall appeal to the department at the address provided in Section 11.2 [now Subsection B of 8.26.3.11 NMAC].

The appeal process is specified in the department's protective services division's policy and procedure manual. The department shall provide a copy of the applicable policy or procedure upon request of the appellant.

N.M. Admin. Code § 8.26.3.17

01/01/98; Recompiled 11/30/01