N.M. Admin. Code § 8.26.4.17

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

Section 8.26.4.17 - FOSTER CARE PROVIDER ASSURANCES

A. Applicants must sign an agreement containing the following assurances that they and all household members will comply with their roles and responsibilities as discussed with the licensing agency once a child is placed in their care.

B. PSD shall review the assurance agreement with the foster care provider at initial licensing, when a child is placed in their care, and annually thereafter.

C. The following are the foster care provider assurances. Foster care providers:

(1) shall have ongoing collaboration and communication with PSD regarding their needs or barriers to carrying out foster care provider responsibilities;

(2) shall not engage in discriminatory treatment on the basis of a child's race; ethnicity; creed; color; age; religion; sex or gender; gender identity; gender expression; sexual orientation; marital status or partnership; familial or parental status; pregnancy and breastfeeding or nursing; disability; genetic information; intersex traits; medical condition, including HIV/AIDS; citizenship or immigration status; national origin; tribal affiliation; ancestry; socioeconomic status; language; political affiliation; military or veteran status; status as a victim of domestic violence, sexual assault or stalking; and housing status, including homelessness; or any other non-merit factor|;

(3) shall not attempt to change or discourage a child's sexual orientation, gender identity, or gender expression or prohibit expression, including through clothing or grooming, consistent with the child's gender or gender expression;

(4) shall not use corporal punishment or degrading punishment on any children living in the home or that they may be providing care to;

(5) shall not use illegal substances, abuse alcohol, or abuse legal prescription or non-prescription drugs, using them contrary to as indicated, or using them in a way that impacts the safety and well-being of children placed in their home. They shall agree that any use of prescription medications will require an assessment as to the safety of the children in the initial or updated home study.

(6) shall inform PSD immediately of prescription medical marijuana use and provide PSD with a copy of the New Mexico state issued card, along with the directive and reason for use from a licensed medical or psychiatric physician. They shall agree to keep any legal prescription medical marijuana in a locked container, inaccessible by children. They shall agree to not use medical marijuana while solely caring for the children and shall not operate a vehicle or any other motorized machinery while under the influence. They shall agree that any use of prescription medical marijuana will require assessment as to the safety of the children in the initial or updated home study.

(7) shall not use or allow any other persons to smoke cigarettes, marijuana or other smoking devices in the foster family home, in any vehicle used to transport a child, or in the presence of the child in foster care.

(8) shall closely supervise the child in foster care when the child is in close proximity to any swimming pool or body of water. When they cannot supervise, they must restrict the child's access to swimming pools or bodies of water. The child must never be left to swim alone. Exceptions may be made for youth participating in the extended foster care program.

(9) shall provide water safety instruction to the child in foster care as appropriate for their age and development if the home is adjacent to any body of water or has a swimming pool. Water safety instruction addresses key knowledge and skills on how to be safe around water and does not necessarily mean swim lessons.

(10) shall maintain the swimming pool in safe condition, including testing and maintaining the chlorine and pH levels as required by the manufacturer's specifications.

(11) shall lock all entry points when the swimming pool is not in use.

(12) shall remove or secure any steps or ladders to the swimming pool to make them unusable when the pool is not in use.

(13) shall set up and maintain wading pools according to the manufacturer's instructions, and empty and store them when not in use.

(14) shall closely supervise the child in foster care when the child is in close proximity to or using a trampoline of any size. When they cannot supervise, they must restrict the child's access to trampolines. The child must never be left to play, sit or jump on a trampoline without adult supervision. Foster care providers shall ensure trampolines are used in accordance to the manufacturer's recommendations. Exceptions may be made for youth participating in the extended foster care program.

(15) shall ensure the child in foster care has legal and safe transportation to and from health care, therapy and agency appointments; school; extracurricular activities; social events; and scheduled meetings or visitation with parents, siblings, extended family members and friends, in accordance with prudent parenting.

(16) shall ensure that if a privately-owned vehicle, owned by the applicant, family or friend is used to transport the child in foster care, registered and insured, and meets all applicable state or tribal requirements to be an operable vehicle on the road.

(a) The driver shall have a valid driver's license.

(b) Safety restraints shall be used that are appropriate to the child's age, height, and weight.

(c) Weapons must not be transported in any vehicle in which the child is riding unless the weapons are made inoperable and inaccessible or the foster care provider is law enforcement and has documentation that they are required to carry their weapon.

(17) shall follow PSD's approved weapons agreement. No foster children are to be in the presence of firearms, unless prior approval is obtained from PSD.

(18) shall ensure any off road vehicles, boats, jet skis or other recreational vehicles the foster child may ride or drive are used according to the manufacturers recommendations are adhered to and that use of these types of vehicles may be dependent on the age and any cognitive and behavioral challenges of the child.

(19) shall positively and actively participate in the case plan goals for the child, including but not limited to reunification with their family, placement or guardianship with a relative or fictive kin, or planned permanent living arrangement. They shall not negatively speak of, write of or provide influence to the child regarding their family.

(20) may need to take additional steps for the safety of the child in foster care, depending on the home, the area in which it is located, and the age and any cognitive and behavioral challenges of the child. For example, applicants may be required to child proof their home or place a barrier to prevent the child from accessing nearby railroad tracks, river or another hazard.

(21) shall adhere to the PSD reasonable and prudent parent standards per 8.26.2.13 NMAC.

(22) shall acknowledge receipt of and intent to comply with the foster child and youth bill of rights.

(23) shall acknowledge receipt of and intent to comply with the memorandum of agreements for foster parents.

N.M. Admin. Code § 8.26.4.17

8.26.4.17 NMAC - Rp, 8 NMAC 27.3.16, 5/29/09; A, 8/15/11, 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