New Mexico Administrative Code
Title 8 - SOCIAL SERVICES
Chapter 26 - FOSTER CARE AND ADOPTION
Part 3 - ADOPTION ACT REGULATIONS
Section 8.26.3.16 - PLACEMENT FOR ADOPTION
Current through Register Vol. 35, No. 6, March 26, 2024
A. See Section 32A-5-12 NMSA 1978.
B. Indian child: If the adoptee is an Indian child, also see Section 44.7 [now Subsection G of 8.26.3.44 NMAC] of these regulations.
C. Placement required prior to filing petition for adoption: Placement for adoption is required in all adoptions prior to the filing of the petition for adoption. See Section 32A-5-12 NMSA 1978.
D. Exceptions to placement in independent adoptions: Placement is not required in independent adoptions if the following circumstances exist:
E. Full disclosure: Prior to placement, full disclosure as defined in Section 32A-5-3(G) NMSA 1978 is required and the full disclosure form shall be completed. The current full disclosure form may be obtained from the department. An addendum to the pre-placement study shall be prepared providing full disclosure if the adoptee is identified after preparation of the pre-placement study. If additional full disclosure information is obtained after placement, full disclosure shall be made in the post-placement report. See Section 18.4 [now Subsection D of 8.26.3.18 NMAC].
F. Legal risk placement: There shall be no placement of an adoptee who is not legally free for adoption without informing the prospective adoptive parents that the child is not legally free for adoption, that the child may not necessarily become legally free for adoption, and that the child may be removed from the prospective adoptive parents if the adoptee does not become free for adoption. Prior to any "legal risk placement", the prospective adoptive parents shall sign a statement specifically describing the legal risk and by doing so, shall acknowledge that they have been informed of the legal risk.
G. Subsidy: In order for an adoptee to be eligible for adoption subsidy, the adoptee is required to be placed by the department or a New Mexico licensed child placement agency. See Section 32A-5-44(A) NMSA 1978.