N.M. Admin. Code § 8.26.5.26

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

Section 8.26.5.26 - MAINTENANCE OF RECORDS

A. Foster parent records: The foster care agency shall retain foster parent records for 10 years from the date of case closure. In the event a foster care agency is closed or goes out of business, the agency shall comply with 8.26.5.30 NMAC herein.

B. Adoptive parent records:

(1) Finalized adoption cases: The agency shall retain adoptive parent records in finalized cases in locked files for 100 years from the date of birth of the youngest child. The agency may preserve records through microfilming or other electronic measures. In the event an agency is closed or goes out of business, the agency shall comply with 8.26.5.30 NMAC herein.

(2) Disrupted or proposed adoptions not finalized: The agency shall retain adoptive parent records for disrupted or proposed adoptions not finalized for five years after the case is closed. In the even an agency is closed or goes out of business, the agency shall comply with 8.26.5.30 NMAC herein.

C. The child's record:

(1) If the child is adopted: The agency shall retain the child's record in locked files for 100 years from the date of birth of the youngest child. The agency may preserve records through microfilming or other electronic measures. In the even an agency is closed or goes out of business, the agency shall comply with 8.26.5.30 NMAC herein.

(2) If the child remains in foster care: The agency shall retain the child's record for 10 years from the date of case closure. In the event a foster care agency is closed or goes out of business, the agency shall comply with 8.26.5.30 herein.

D. Administrative records: An agency shall retain its administrative records for a minimum of seven years from the date the records were created unless an applicable law requires retention for a longer period of time. If the agency closes, including when an agency's license has expired or the agency goes out of business, or where the agency's license has been revoked, the agency shall retain its administrative records for five years after the agency has closed or goes out of business. The agency shall comply with 8.26.5.30 NMAC herein.

E. Confidentiality: Under CYFD's general rulemaking authority Section 9-2A-7 NMSA, the confidentiality provisions of the New Mexico Children's Code, 32A-3B-22 and 32A-4-33, the specific authority related to certification of foster homes, Section 40-7-4(D) and the Adoption Act, 32A-5-6 and 32A-5-8 NMSA, all client case records and client identifying information including foster and adoptive families, and applicant files are confidential and may not be publicly disclosed.

(1) Release in response to court order: PSD and agencies may release such files only upon a valid court order provided that confidential criminal and abuse and neglect information may not be released, unless a court order specifically orders such a release.

(2) Release to another agency that is considering a previously licensed family for licensure: An agency that has licensed a foster or adoptive family may release assessment information and the home study to any agency that is considering the foster or adoptive family for licensure, upon receipt of the signed notification by the foster family of its licensure history with previous agencies as set forth in Licensing Requirements for Foster and Adoptive Homes, Paragraph (9) of Subsection B of 8.26.4.9 NMAC.

N.M. Admin. Code § 8.26.5.26

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