2020 New Mexico Statutes
Chapter 40 - Domestic Affairs
Article 7A - Child Placement Agency Licensing
Section 40-7A-4 - Licensing; rules; application for license.
A. An application for a license to operate a child placement agency shall be made to the division on forms provided and in the manner prescribed by the division. A child placement agency may be licensed either to place children in foster homes or in homes for adoption, or both. The division shall investigate the applicant to ascertain whether the applicant qualifies under the rules promulgated by the division. If qualified, the division shall issue a license valid for one year from date of issuance. A license shall be renewed for successive periods of time not to exceed three years, as determined by the division, if the division is satisfied that the child placement agency is in compliance with the division's rules. No fee shall be charged for a license.
B. No person shall operate a child placement agency without first being licensed to operate the agency by the division. An individual desiring to operate a foster home shall obtain a license from the division or the child placement agency under which it will operate. The child placement agency shall notify the division when the individual is licensed to operate a foster home. The notification shall be on a form provided by the division and shall contain such information as the division requires. No foster home shall be licensed by more than one child placement agency. A license shall be renewed for successive one- or two-year periods if the child placement agency is satisfied that the foster home is in compliance with the division's rules.
C. Upon licensure to operate a foster home, the child placement agency may place a child for foster care in the licensed foster home.
D. The division shall prescribe and publish minimum standards and other rules for licensing of child placement agencies and licensing of foster homes. The prescribed minimum standards and other rules shall be promulgated by the division and shall be restricted to:
(1) the responsibility assumed by the foster home or child placement agency for the shelter, health, diet, safety and education of the child served;
(2) the character, suitability and qualifications of the applicant for a license and of other persons directly responsible for the health and safety of the child served;
(3) the general financial ability of the applicant for a license to provide care for the child served;
(4) the maintenance of records pertaining to the admission, progress, health and discharge of the child served;
(5) the maintenance of records concerning agency personnel, foster parents and foster parent applicants; and
(6) the filing of reports with the division.
E. The regulations shall not proscribe or interfere with the religious beliefs or religious training of child placement agencies and foster homes, except when the beliefs or training endanger the child's health or safety.
F. The division may inspect child placement agencies and foster homes as necessary to ensure that they are in compliance with the rules of the division.
G. Any person licensed to operate a child placement agency under the provisions of the Child Placement Agency Licensing Act has the right to appeal any rule that the person believes has been improperly applied by representatives of the division or that exceeds the authority granted to the division by the Child Placement Agency Licensing Act. The secretary shall designate a hearing officer or officers from the department to hear an appeal. The hearing officer or officers shall make a written recommendation to the secretary for resolution of the appeal. The secretary's decision shall be in writing and shall be the final administrative determination of the matter.
H. Any individual licensed to operate a foster home under the provisions of the Child Placement Agency Licensing Act has the right to appeal a decision by the division or by a child placement agency to revoke, suspend or not renew a license and has the right to request an administrative review of a denial of a license.
History: Laws 1981, ch. 171, § 4; 1991, ch. 100, § 1; 2011, ch. 130, § 3.
ANNOTATIONSThe 2011 amendment, effective June 17, 2011, removed the placement of children with a relative or guardian from the licensing requirement of Subsection B; authorized the division or child placement agencies to issue licenses for the operation of foster homes; permitted licenses to be issued for two-year periods; permitted only licensed foster homes to provide foster care; required the maintenance of records concerning agency personnel, foster parents and foster parent applicants; restricted the right to appeal rules of the agency to licensed placement agencies; and granted licensed foster homes a right to appeal decisions of the division or a child placement agency to revoke, suspend or not renew a license.
The 1991 amendment, effective June 14, 1991, substituted "periods of time not to exceed three years, as determined by the division" for "one-year periods" near the end of Subsection A and substituted "served" for "services" at the end of Paragraph (4) of Subsection D.
Am. Jur. 2d, A.L.R. and C.J.S. references. — Liability of public or private agency or its employees to prospective adoptive parents in contract or tort for failure to complete arrangement for adoption, 8 A.L.R.5th 860.
