New Mexico Administrative Code
Title 8 - SOCIAL SERVICES
Chapter 26 - FOSTER CARE AND ADOPTION
Part 6 - COMMUNITY HOME LICENSING STANDARDS
Section 8.26.6.17 - STAFF BACKGROUND CHECKS

A. Community homes shall conduct state and federal criminal records checks and child abuse and neglect checks for staff, interns and volunteers whose duties include any contact with children. Contact may include but is not limited to:

B. Staff, interns and volunteers shall successfully pass state and federal criminal records checks and child and abuse neglect checks prior to any contact with children.

C. If a criminal records check is not required for an employee, student intern or volunteer, then the reason for not requiring the criminal records check must be documented in the file of the employee, student intern or volunteer.

D. Staff, student interns and volunteers shall report all arrests or abuse and neglect referrals to the community home within 24 hours of the alleged offense. The community home shall investigate any reported or discovered arrests and referrals and take appropriate action to protect the safety of the children residing in their homes.

E. Any corrective actions in response to a referral or arrest will depend on the outcome of such referral or arrest and may include a written reprimand, a corrective action plan, and restriction of unsupervised contact with children, suspension or termination, depending on the nature of the offense and whether or not children were involved. The community home shall document any corrective actions taken.

F. Volunteers and staff whose duties are clerical, relate to cooking and maintenance, or other support staff activities and whose duties do not include being in close proximity to children or left alone with children unsupervised are not subject to requirements outlined in Subsections A and C of 8.26.6.17 NMAC.