N.M. Admin. Code § 8.26.2.22

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

Section 8.26.2.22 - FULL DISCLOSURE

A. Prior to placement, PSD staff shall provide full disclosure about the child to the resource or adoptive family, and continue to provide full disclosure throughout the case and after finalization of the adoption, provided the information does not reveal information that would identify the biological family. Pursuant to the New Mexico Children's Code, Section 32A-5-3 N NMSA 1978, full disclosure information includes:

(1) health history;

(2) psychological history;

(3) mental history;

(4) hospital history;

(5) medication history;

(6) genetic history;

(7) physical description;

(8) social history;

(9) placement history; and

(10) education.

B. All records, whether on file with the court, an agency, PSD, an attorney or other provider or professional services in connection with an adoption are confidential pursuant to the New Mexico Children's Code, Section 32A-5-8 NMSA 1978. A person who intentionally and unlawfully releases any information or records closed to the public pursuant to the Adoption Act or releases or makes other unlawful use of records in violation of that act is guilty of a petty misdemeanor.

C. Documentation provided for the purpose of full disclosure shall remain the property of the person making the full disclosure when a prospective adoptive parent decides not to accept a placement. Immediately upon refusal of the placement, the prospective adoptive parent shall return all full disclosure documentation to the person providing the full disclosure. A prospective adoptive parent shall not make public any confidential information received during the full disclosure process, but may disclose such information only as necessary to make an informed placement decision, or to the child's guardian ad litem or youth attorney.

N.M. Admin. Code § 8.26.2.22

8.26.2.22 NMAC - Rp, 8.26.2.18 NMAC, 5/29/09; 8.26.2.22 NMAC - Rn & A, 3/31/10, Amended and Renumbered from 8.26.2.21 by New Mexico Register, Volume XXVI, Issue 18, September 29, 2015, eff. 9/29/2015, Amended by New Mexico Register, Volume XXXII, Issue 10, May 25, 2021, eff. 5/25/2021