New Mexico Administrative Code
Title 8 - SOCIAL SERVICES
Chapter 10 - CHILD PROTECTIVE SERVICES
Part 8 - PERMANENCY PLANNING
Section 8.10.8.11 - VOLUNTARY PLACEMENTS

A. No parent may relinquish parental rights to PSD without PSD's consent.

B. When it has been determined to be in the best interest of the child parent, guardian or custodian, PSD may accept legal custody of a child placed voluntarily through a written agreement.

C. No child shall remain in voluntary placement for longer than one hundred eighty consecutive days or for more than one hundred eighty days in any calendar year; provided that a child may remain in voluntary placement up to an additional one hundred eighty consecutive days upon order of the court after the filing of a petition by PSD for extension of voluntary placement, a hearing and a finding that additional voluntary placement is in the best interests of the child.

D. In no event shall a child remain in voluntary placement for a period in excess of three hundred sixty-five days in any two-year period.

E. The PSD director or designee approves all voluntary placement agreements before accepting a voluntary placement.

F. If the parent, guardian, or custodian requests PSD to return the child prior to the termination of the voluntary placement agreement, the child is returned within 72 hours of the request unless an abuse or neglect petition is filed concerning that child, and the court enters an order finding abuse or neglect, prior to the expiration of the 72 hours.

G. PSD develops a case plan with all families entering into a voluntary placement agreement.