Current through Register Vol. 35, No. 18, September 24, 2024
PSD shall provide a client with either an administrative
review or an administrative hearing to appeal a PSD decision, as outlined
below. The outcome of an administrative review or hearing is final except as
otherwise provided by law or these policies.
A. Administrative review:
(1) An administrative review shall be used in
the following instances:
(a) removal of
children in foster care when the children have been in placement with the
family for longer than six months;
(b) removal of adoptive children prior to
finalization;
(c) denial of a
resource family license application;
(d) denial of the resource family's request
to adopt foster children placed in their home, if the children have been placed
with the resource family for longer than six months;
(e) denial of transition support
services;
(f) the substantiation of
an abuse or neglect investigation unless the issue is in litigation in a
pending children's court case;
(g)
the substantiation of a past abuse or neglect investigation that has been
revealed by a present criminal record check where the records fails to show
that PSD provided notice or an opportunity for a review, unless the issue was
litigated in a children's court case; or
(h) denial of certification as an independent
investigator or adoption counselor.
(2) A client seeking an administrative review
shall request the review in writing to PSD within ten days of the action or
notice of the proposed action.
(3)
The decision to initially place children with an adoptive family is not subject
to an administrative review, but is made at PSD's sole discretion.
B. Administrative hearing: An
administrative hearing shall be used only in the following instances:
(1) the revocation, suspension, or
non-renewal of a foster home licensed by PSD (as specified in 8.26.4
NMAC);
(2) the denial, non-renewal,
probation, suspension, or revocation of a child placement agency license (as
specified in 8.26.5 NMAC); or
(3)
the substantiation of an abuse or neglect investigation after it has been
upheld in an administrative review, unless the issue is in litigation in a
pending children's court case.
C. PSD shall comply with the administrative
appeals process governed by 8.8.4 NMAC, Administrative Appeals.
D. A client seeking an administrative hearing
shall request the hearing in writing to the PSD director's office within 10
days of the action or notice of proposed action.
