Current through Register Vol. 35, No. 6, March 26, 2024
A.
Meetings and training: PSD retains the right to call meetings or
training for licensed adoption and foster care agencies. Agencies shall be
responsible for obtaining all information distributed at each meeting
regardless of whether or not they attend the meeting.
B.
Access to agency
information: Information regarding the operations of PSD licensed
agencies shall be available to other state departments and divisions upon
receipt of a written request to the extent permitted by New Mexico
law.
C.
Oversight and
investigation authority: PSD may conduct inspections and interviews
related to referrals of abuse and neglect, licensing violations, or complaints
received by PSD related to the operation of the agency. Such inspections and
interviews may be conducted at any time, with or without prior notice. In order
to evaluate the safety and continuity of care for children placed with the
agency, PSD may:
(1) enter and inspect the
agency's or applicant's offices and physical facilities;
(2) inspect and copy all agency financial
records, files, papers, and correspondence which pertain directly or indirectly
to the issuance and maintenance of the license and the issuance and maintenance
of foster home licenses or adoption certificates; and
(3) interview, as PSD deems appropriate,
agency staff, consultants, contractors, foster parents, adoptive parents,
governing body, and any other agency personnel, volunteers and
clients.
D.
Investigations of abuse and neglect referrals in foster homes:
(1) PSD shall investigate all screened-in
reports of allegations of abuse or neglect regarding children in accordance
with CYFD protective services investigation policy and procedure. If a
screened-out report involves a child in PSD custody, the child's worker shall
conduct a safety assessment of the placement.
(2) No new placement may be made in the home
during a pending investigation. Existing placements in the home shall be
evaluated for safety, with a decision for maintaining the placement depending
on the continued safety of a child.
(3) The agency shall notify PSD's foster care
and adoption bureau of any abuse and neglect report regarding a foster home,
therapeutic foster home, or pre-adoptive home licensed by a child placement
agency, regardless of the screening decision. The agency shall also notify
CYFD's licensing and certification unit of any abuse and neglect report
regarding a therapeutic foster home licensed by an agency, regardless of the
screening decision.
E.
Investigations of complaints of alleged policy violations: PSD
investigates complaints of alleged violations of agency policy or procedures or
CYFD licensing regulations. Allegations of abuse and neglect regarding agency
staff are considered alleged policy violations. Such complaints and alleged
violations shall be submitted in writing to the foster care and adoption
bureau.
(1) Absent an emergency, PSD shall
provide an agency notice of a complaint of an alleged agency policy or
procedure, or CYFD licensing regulation violation within 10 working days from
receipt of the complaint or allegation.
(2) Depending on the type and severity of the
allegations, PSD may investigate the agency. The investigation may result in no
action being taken, the imposition of sanctions, the suspension of an agency's
license, or closure of the agency.
(3) PSD shall maintain a listing of the
complaints, notification to the agency, and the findings of PSD's investigation
in each agency's file. PSD and the agency shall maintain confidentiality
regarding the identity of specific individuals who make complaints and any
children and foster or adoptive families involved.
F.
Disclosure of complaint
information:
(1) Third parties
considering obtaining services through a licensed agency may, upon written
request, obtain from PSD the number of and calendar year of the complaints and
substantiated allegations regarding the agency.
(2) The identity of the complainant shall not
be publically released and shall be protected from disclosure to the extent
permitted by law.
(3) Client
identifying information is confidential and shall be protected as described
herein at Subsection E of 8.26.5.26 NMAC.
G.
Sanctions: PSD may impose
sanctions, among other reasons, if it determines that an agency has failed to
meet licensing requirements or has violated any of the standards included
herein, or where an investigation substantiates a complaint against such
agency, employees or licensed homes. At PSD's discretion, depending upon the
severity of an agency's non-compliance, PSD may issue a letter of correction,
put an agency on probation with restricted admissions, suspend an agency's
license, revoke an agency's license, or deny an agency's license.
(1) Letter of correction: PSD may send the
agency a letter of correction. The letter of correction is sent by registered
mail and:
(a) notifies the agency of
identified deficiencies and instructs the agency to correct the deficiencies by
a specific date;
(b) requires the
agency to submit a written corrective action plan, subject to approval of PSD,
identifying the specific actions which will be taken to correct the
deficiencies, following the time frame provided by PSD; at its discretion, PSD
staff may work with the agency in the development or revision of the corrective
action plan; and
(c) advises the
agency of potential PSD actions should the deficiencies not be corrected,
including, but not limited to probation, suspension or revocation of license,
or denial of license renewal.
(2) Probation with restricted admissions: PSD
may place the agency on probation and restrict the agency from accepting any
new clients or expanding into additional services until the identified
deficiencies are corrected. PSD shall notify the agency in writing, as
specified Paragraph (5) of Subsection G of 8.26.5.29 NMAC (notification) below.
The notice shall:
(a) state the deficiencies
and reasons for the probation and instruct the agency to correct the
deficiencies by a specific date;
(b) require the agency to submit a written
corrective action plan, subject to approval of PSD, identifying the specific
actions which will be taken to correct the deficiencies, following the time
frame provided by PSD; at its discretion, PSD staff may work with the agency in
the development or revision of the corrective action plan;
(c) advise the agency of potential PSD
actions should the deficiencies not be corrected, including, but not limited to
suspension or revocation of license or denial of license renewal; and
(d) inform the licensee of the appeal process
as described herein at 8.26.5.14 NMAC.
(3) Suspension of license: PSD may suspend
the agency's license and move the children placed by the agency to new
placements.
(a) When PSD suspends an agency's
license, the agency shall assist PSD in arranging for transfer of care, custody
and control of any children currently being served, and for the preservation
and transfer of records. The agency shall assist in the transfer of its
licensed homes in good standing to another agency when such would be in the
best interests of the children.
(b)
PSD shall notify the agency in writing of its intent to suspend the agency's
license, as specified in Paragraph (5) of Subsection G of 8.26.5.29 NMAC
(notification) below. The notice shall:
(i)
state the deficiencies and reasons for the suspension and instruct the agency
to correct the deficiencies by a specific date;
(ii) require the agency to submit a written
corrective action plan, subject to approval of PSD, identifying the specific
actions which will be taken to correct the deficiencies, following the time
frame provided by PSD; at its discretion, PSD staff may work with the agency in
the development or revision of the corrective action plan;
(iii) advise the agency of potential PSD
actions should the deficiencies not be corrected, including, but not limited to
revocation of license or denial of license renewal; and
(iv) inform the licensee of the appeal
process as described herein at 8.26.5.14 NMAC.
(4) Revocation of agency's license or denial
of license renewal: PSD may revoke an agency's license or deny renewal of the
license if PSD determines such action is necessary based upon the agency's
failure to meet licensing requirements and non-compliance with any of the
standards included herein or the agency's failure to correct deficiencies
identified in a prior letter of correction, probation, or suspension of
license.
(a) When PSD revokes or denies
renewal of an agency's license, the agency shall assist PSD in arranging for
the transfer of care, custody and control of any children currently being
served, and for the preservation and transfer of records. The agency shall
assist in the transfer its licensed homes in good standing to another agency
when such would be in the best interests of the children to be placed in a
different home.
(b) PSD shall
notify the agency in writing, as specified in Paragraph (5) of Subsection G of
8.26.5.29 NMAC (notification) below.
(5) Notification: PSD shall
notify the agency in writing of its intent to put the agency on probation or to
suspend, revoke, or not renew the agency's license. Notice shall be sent by
return receipt mail, delivered to the address on file, or by personal delivery
to the person authorized to accept service on behalf of the agency. Except as
specified in Paragraph (6) of Subsection G of 8.26.5.29 NMAC (emergency
suspension) below, notice shall be sent at least 30 days prior to the
probation, suspension, or revocation of the license or of the expiration date
of a license which shall not be renewed. The notice shall state the reasons for
the action and its effective date, and inform the licensee of the appeal
process as described herein at 8.26.5.14 NMAC.
(6) Emergency suspension: PSD may immediately
suspend an agency's license, prior to a hearing on the matter, when such action
is required to protect human health and safety. The emergency suspension is
carried out by personal service of an emergency suspension notice. The agency
may request, in writing, a hearing with five working days of the suspension in
accordance with Subsection A of 8.8.4.10 NMAC, thereby waiving the normal 20
day time limits for hearings established in Subsection B of 8.26.5.14
NMAC.