N.M. Admin. Code § 8.26.5.18

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

Section 8.26.5.18 - AGENCY POLICIES AND PROCEDURES

The agency shall develop and maintain written policies and procedures concerning the licensing of foster and adoptive families and shall provide PSD with a copy of these policies and procedures and with any changes to these policies and procedures within 10 days of the change. Agency policies and procedures shall not conflict with any part of these licensing standards. Violations of this subsection may result in the suspension or revocation of the agency's license. Policies and procedures shall address, but are not limited to:

A. Protection of children: Agency policies and procedures shall acknowledge the agency's responsibility to protect the safety of children. Specifically, policies and procedures shall:

(1) require that agency staff (pursuant to the New Mexico Children's Code, 32A-4-1 et. seq. NMSA 1978) and all licensed families report all suspected incidents of abuse and neglect involving children in the agency's care and advise the child's legal guardian when such a report is made;

(2) address the safety of children who may be harmed while in the care and control of the agency or its providers and include a plan stating the course of action followed in the event a child is harmed, without regard to how the incident occurred, and identifying the line of authority and the decision-making process to assist in the reporting and investigation of these matters;

(3) educate prospective and current foster or adoptive families on how to create a safe and supportive home environment for youth in foster care regardless of their sexual orientation, gender identity or gender expression.

B. Confidentiality: Agency policies and procedures shall acknowledge the agency's responsibility to maintain the confidentiality of client case records and client identifying information including all foster and adoptive families, and applicant files.

C. Certification and licensing of families: Agency policies and procedures shall include criteria for initial certification and licensing and re-certification and re-licensing of families.

(1) Agencies are required to provide procedures for administrative reviews for families who are not licensed initially. This is an informal process completed by the agency director or designee, which may include an informal conference or a record review. The administrative review does not create any substantive rights for the family. (See Licensing Requirements for Foster and Adoptive Homes, Subsection A of 8.26.4.19 NMAC)

(2) Agencies are required to have policies and procedures for providing administrative appeals for families whose license has been revoked, suspended, placed on probation or not renewed. (See Licensing Requirements for Foster and Adoptive Homes, Subsection B, C and D of 8.26.4.19 NMAC)

D. Acknowledgement of rights and notification forms:

(1) Agency policies and procedures shall require that foster or adoptive parents sign an acknowledgement of rights form that explains the foster or adoptive parent's rights. The agency maintains the original signed acknowledgement of rights in the foster or adoptive parent file.

(2) Agency policies and procedures shall also require that the foster or adoptive parents or applicants disclose their history of application to and licensing by any other agency in this or any other state. The foster or adoptive family or applicant shall sign a PSD approved notification form that will serve the purpose of notifying any previous agency of the foster or adoptive parent or applicant application to a new agency. (See Licensing Requirements for Foster and Adoptive Homes, Paragraph (9) of Subsection B of 8.26.4.9 NMAC) The previous agency may release assessment information and the home study to the new agency regarding the foster or adoptive family or applicant upon receipt of signed notification that the foster or adoptive parent or applicant is being considered for licensure or approval by the new agency.

E. Foster parent rights: Agency policies and procedures shall describe the rights of foster parents and shall require that foster and adoptive parents sign an acknowledgement of rights form as described herein at Paragraph (1) of Subsection D of 8.26.5.18 NMAC.

F. Foster parent roles and responsibilities: Agency policies and procedures shall describe foster parent roles and responsibilities which may include, but is not limited to:

(1) preserving family connections;

(2) refraining from disparaging the foster child's parents, relative or the child's cultural heritage or religious beliefs;

(3) refraining from corporal punishment; and

(4) respecting religious or cultural beliefs of the child's biological family.

G. Training: Agency policies and procedures shall include a statement of training requirements for staff and foster and adoptive parents, and agency procedures shall outline the method of tracking that the training is complete. PSD may, at its own discretion, require the agency to provide specific training for their licensed families, and will notify agencies when that training is available.

H. Detailed services: Agency policies and procedures shall include a description of agency services.

I. Fee schedule: Agency policies and procedures shall set forth fees charged for adoption or treatment foster care related services, including, but not limited to the purchase of approved home studies.

J. Grievances: Agency policies and procedures shall include that process by which agencies review and make decisions on foster or adoptive parent grievances.

K. Incident reports: Agency policies and procedures shall include the process which the agency reviews and acts upon incidents reported in foster or adoptive family homes. Incidents and subsequent incident reports may include, but are not limited to:

(1) policy and procedure violations;

(2) abuse or neglect referrals;

(3) death or serious injury to a foster child;

(4) safety issues concerning a foster child;

(5) foster children who have run away; or

(6) any of the incidents currently codified at Subsections BU and DT of 7.20.11.7 NMAC, Certification Requirements for Child and Adolescent Mental Health Services.

N.M. Admin. Code § 8.26.5.18

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