Current through Register Vol. 35, No. 6, March 26, 2024
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.
