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

Universal Citation: 8 NM Admin Code 8.26.3.16

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:

(1) Stepparent exception: A stepparent shall comply with all of the provisions of the Act except as provided in Sections 32A-5-12 and 32A-5-32 NMSA 1978. See Section 33 [now 8.26.3.33 NMAC].

(2) Relative or person named in deceased parent's will exceptions: If the adoptee has resided for one year prior to the filing of the petition for adoption with a petitioner who is a relative of the adoptee within the fifth degree of consanguinity as defined by Section 32A-5-12C (2) NMSA 1978, or is a petitioner who was named in the adoptee's deceased parent's will, the petitioner shall comply with all the provisions of the act except as follows:
(a) placement including a pre-placement study unless ordered by the court;

(b) post-placement report unless ordered by the court; and

(c) the court may shorten or waive the ninety day waiting period from the filing of the petition for adoption and the entry of the decree of adoption required in Section 32A-5-36(F)(6) NMSA 1978.

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].

(1) All full disclosure information is confidential and shall not be disclosed to anyone who is not a party to the adoption.

(2) All full disclosure documents are the property of the person providing the documents.

(3) If a prospective adoptive family decides not to accept the adoptive placement after full disclosure, the prospective adoptive family shall return all of the full disclosure documents provided to them and shall not disclose any of the full disclosure information.

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.

Disclaimer: These regulations may not be the most recent version. New Mexico may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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