N.M. Admin. Code § 8.10.8.10

Current through Register Vol. 35, No. 21, November 5, 2024

Section 8.10.8.10 - OUT OF HOME PLACEMENT

When a child cannot safely remain in their home, PSD shall pursue legal custody of the child. When the court has determined it is contrary to the welfare of the child to remain in their home, PSD is awarded legal custody and the child shall be placed with a licensed resource family to ensure the child's safety and well-being. The placement of a child into foster care shall not be delayed or denied on the basis of the race; ethnicity; creed; color; age; religion; sex or gender; gender identity; gender expression; sexual orientation; marital status or partnership; familial or parental status; pregnancy and breastfeeding or nursing; disability; genetic information; intersex traits; medical condition, including HIV/AIDS; citizenship or immigration status; national origin; tribal affiliation; ancestry; language; political affiliation; military or veteran status; status as a survivor of domestic violence; sexual assault, or stalking; or any other factor unrelated to suitability to parent.

A.Entry into foster care: The child is considered to have entered foster care on the earlier of:

(1) the date of the first judicial finding that the child has been subjected to child abuse or neglect; or

(2) the date that is 60 days after the date on which the child is removed from the home.

B.Relative and relative notification:

(1) PSD shall give preference to relatives when making placement decisions. PSD considers fictive kin for placement if appropriate for best interest placement consideration.

(2) Within 30 days of the child's removal, PSD shall exercise due diligence to identify and notify the following relatives: all adult grandparents, all parents with legal custody of a sibling of the child, and other adult relatives of a child.

(3) When the court adopts a permanency plan other than reunification, and the child is not placed with a relative, PSD shall continue to make reasonable efforts to identify and locate appropriate and willing relatives to become licensed resource parents.

C.Placement types: When the court places a child in the legal custody of PSD, PSD shall be responsible for placing that child with a licensed resource family, which may include, but is not limited to:

(1) relative and non-relative foster care;

(2) treatment foster care;

(3) a licensed facility such as residential treatment center, group home, or emergency shelter; or;

(4) a licensed community home.

D.Indian child placement: PSD shall make active efforts to place an Indian child in accordance with the placement preferences of the Indian Child Welfare Act (ICWA.), which may include placement in tribally licensed homes.

E.Least restrictive environment and proximity of placement:

(1) Children are placed in the least restrictive setting consistent with the assessment of their individual needs.

(2) PSD shall make efforts to place children in close proximity to their home of origin; PSD shall document any reason as to why a child cannot be safely placed in close proximity to their home of origin.

F.Educational continuity: At the initial placement and any placement change thereafter, PSD shall develop plan for transportation for the child to remain in the same education setting in which the child was enrolled at the time of placement, if reasonable in the child's best interest.

G.Level of care assessment: PSD shall determine level of care within 30 days of entry into custody and every six months thereafter at a minimum. In addition, a determination will be made regarding the appropriateness of applying for social security insurance (SSI) or the developmentally disabled (DD) waiver.

H.Change of placement:

(1) When a child's placement is changed, including a return to the child's home, PSD shall provide written notice to the child's guardian ad litem or attorney, all parties, the child's CASA, the child's resource parents and the court. This notice is required 10 days prior to the placement change, unless an emergency situation requires moving the child prior to the notice. When prior notice is not possible, written notice must be provided to the GAL or attorney, all parties, the CASA, the resource parents, and the court within three days after the placement change has occurred.

(2) Written notice is not required for removal of a child from respite. In respite situations, PSD shall provide verbal notification of the removal to the child's guardian ad litem or attorney.

(3) When a child, through their GAL or attorney, files a motion and requests a court hearing to contest the placement change, PSD shall not change the child's placement pending the results of the court hearing, unless an emergency requires changing the child's placement prior to the hearing.

I.Sibling continuity:

(1) PSD shall make reasonable efforts to place siblings together when possible.

(2) PSD shall document reasons for not placing siblings together, such as when there are safety concerns or placement together is not a viable option.

(3) PSD shall facilitate visitation, as appropriate, between siblings not placed together or siblings who are not placed in PSD custody, including any adult siblings.

N.M. Admin. Code § 8.10.8.10

8.10.8.10 NMAC - Rp, 8.10.8.10 NMAC, 11/15/05, Adopted by New Mexico Register, Volume XXVI, Issue 18, September 29, 2015, eff. 9/29/2015, Amended by New Mexico Register, Volume XXXII, Issue 09, May 4, 2021, eff. 5/4/2021