N.M. Admin. Code § 8.26.4.7

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

Section 8.26.4.7 - DEFINITIONS

A."Administrative appeal" is a formal hearing for foster care providers whose license have been revoked, suspended, or not renewed. Foster care providers have the opportunity to present evidence to an impartial hearing officer in accordance with CYFD's administrative appeals regulations 8.8.4 NMAC.

B."Administrative review" is an informal process for foster care providers whose application for licensure has been denied. The review may include an informal conference or a record review, and does not create any substantive rights for the family.

C."Adoptee" refers to any person who is the subject of an adoption petition.

D."Adoption" is the establishment of a court sanctioned legal parental relationship between an adult and a child.

E."Adoptive parent" refers to a foster care provider licensed by PSD or by a licensed child placement agency who has finalized the adoption of a foster child.

F."Adult" refers to a person 18 years of age and older, not participating in the extended foster care program.

G."Agency" or "child placement agency" means any PSD licensed individual, partnership, association or corporation, for profit or non-profit, undertaking the placement of a child in a home in this or any other state for the purpose of providing foster care or adoption services. An agency may be licensed as an adoption agency, a foster care agency or both.

(1)"Adoption agency" means an agency licensed by PSD to facilitate the adoption of a child or perform a service within the adoption process.

(2)"Foster care agency" means an agency licensed by PSD for the purpose of supervising foster care providers, treatment foster care providers, or other levels of foster care as developed by PSD.

H."Applicant" is any person who applies to become licensed as a foster care provider to be considered as a potential foster care provider, treatment foster care provider, or an adoptive parent.

I."Application" is the document by which persons who wish to become foster or adoptive care providers request an assessment of their home and family, and the issuance of a license. The document also authorizes protective services division or licensed child placement agency to obtain relevant information from the applicant and other authorized persons in order to conduct an assessment of the applicant's qualifications. The applicant shall certify there are no willful misrepresentations in the application.

J."Assessment" is the process of collecting information and conducting interviews with applicants by the licensing agent, and evaluating that information to determine suitability of an applicant for a foster care license.

K."Child," "children" or "youth" refers to a person who is one of the following:

(1) under the age of 18 years of age; or

(2) up to 21 years of age and participating in the extended foster care program.

L."Child abuse and neglect check" is a review of the PSD family automated client tracking system, also known as FACTS, or another state's central abuse or neglect registry, to determine if there have been any previous or current referrals on the family to this state's or any other state's child protective services division.

M."Corporal punishment" is a form of discipline that is prohibited. Corporal punishment includes touching a child with the primary intent of inducing pain and includes but is not limited to: shaking, spanking, hitting, hair or ear pulling, actions intended to produce fear, shame, or other emotional or physical trauma.

N."Criminal records check (CRC)" means federal, state or local checks for criminal offenses conducted by PSD on potential and current foster and adoptive parents, and of all adults living in the applicant's home.

O."CRC Clearance letter" is a document provided to the licensing agent to inform them if the prospective foster or adoptive parent is cleared to proceed with the licensing process.

P."CYFD" stands for children, youth and families department. CYFD is a state agency that provides services to families in the state of New Mexico.

Q."FACTS" refers to the family automated client tracking system (FACTS), the official data management system for CYFD.

R."Fictive kin" is a person not related by birth, adoption or marriage with whom the child has an emotionally significant relationship.

S."Foster care license" is the document which contains the names and addresses of those individuals who have met these licensing requirements and are foster care providers for the protective services division or a licensed child placement agency. The license displays the ages and number of foster children the licensees are authorized to care for and the date authorization begins and ends. The license shall include the signature of the authorized person who issued the license.

T."Functional literacy" means a person who can read and write well enough to live independently.

U."Foster care provider" or "foster parent" refers to a person, including a relative of the child, or entity licensed by CYFD or by another state's child welfare agency or by a child placement agency, to provide foster care services for children in the custody of the department or agency.

V."Foster child" or "child in foster care" as referred to as "child" herein, means a child who is placed in the care and custody of children, youth and families department protective services division either under the legal authorization of the Children's Code or through a voluntary placement agreement signed by the parent or legal guardian, or a child who is placed with a licensed child placement agency under the authority of the Child Placement Agency Licensing Act. If the court orders legal custody to a relative, person, facility, or agency other than the children, youth and families department protective services division, the child is not a foster child of protective services division.

W."Gender" or "gender identity" means a person's internal identification as male, female, or nonbinary. Gender identity may or may not correspond to the sex or gender marker that is listed on the person's birth certificate.

X."Home study" is the final written document that results from the assessment process to determine suitability of an applicant for a foster care license.

Y."Household member" refers to any individual, regardless of age, who resides in the home, who moves into the home with the intent to make it their residence, or who is visiting for more than 30 calendar days. Children or youth who are in foster care or participating in the extended foster care program are not considered household members of the foster or pre-adoptive home for the purpose of this policy.

Z."Initial relative or fictive kin assessment" is an in-home assessment of a relative or fictive kin completed by a PSD worker to determine suitability for a provisional license.

AA."Licensing agent" is a qualified individual who conducts a home study.

BB."Non-U.S. citizen" refers to an immigrant to the U.S. who does not have U.S. citizenship, and may have legal residency or may have an undocumented legal status.

CC."Pre-adoptive home" refers to a foster care provider who has signed an adoption agreement to adopt a foster child, but whose adoption has not yet finalized.

DD."Protective services division (PSD)" refers to the state government division within the New Mexico children, youth and families department, and is the state's designated child welfare agency.

EE."PSD custody" means custody of a child or children as a result of an action filed pursuant to the New Mexico Children's Code, Sections 32A-4-1 et seq. NMSA 1978 or Sections 32A-3B-1 et seq. NMSA 1978.

FF."Relative" means a person related to another person by birth, adoption or marriage, within the fifth degree of consanguinity or affinity.

GG."Resident of New Mexico" means a person who has become domiciled in the state of New Mexico by establishing residence with the intention of maintaining residency indefinitely.

HH."Respite care" is a short period of time when a foster child is cared for by an alternate foster care provider due to the original foster care provider temporarily unavailable to provide care.

II."SAFE home study" means the structured analysis family evaluation home study format, which is the only home study format approved for use in the state of New Mexico.

JJ."Treatment foster care provider" is a foster care provider licensed by a child placement agency to provide intensive therapeutic support, intervention and treatment for a child who would otherwise require a more restrictive placement.

N.M. Admin. Code § 8.26.4.7

8.26.4.7 NMAC - Rp, 8 NMAC 27.3.7 & 8.27.2.7 NMAC, 5/29/09; A, 8/15/11, Amended by New Mexico Register, Volume XXX, Issue 13, July 16, 2019, eff. 7/16/2019, Amended by New Mexico Register, Volume XXX, Issue 17, September 10, 2019, eff. 8/21/2019, Adopted by New Mexico Register, Volume XXXI, Issue 03, February 11, 2020, eff. 2/11/2020