1. A. Maintenance of records:

   1. (1) Foster care provider files: PSD and CPA shall maintain records concerning the evaluation of a foster care provider, including but not limited to the application, assessment information, recertification of information, releases of information, criminal records and background checks, medical examination records, a copy of the foster care provider license and correspondence. PSD and licensed agencies shall retain records permanently in accordance with 1.21.2.804 NMAC. If an agency is closed or goes out of business, the agency shall comply with 8.26.5.30 NMAC.

2. (2) Adoption files: The agency, attorney, independent agent or PSD shall maintain records concerning adoptive families, including the foster care provider file as described above at Paragraph (1) of Subsection A of 8.26.4.21 NMAC, as well as adoption case information including but not limited to the adoption decree, annual contact reports, and adoption assistance agreements.

   1. (a) Finalized adoption cases: The agency and CPA’s shall retain finalized adoption records in locked files for 100 years from the date of birth of the youngest child. The agency may preserve records through microfilming or other electronic measures. In the event an agency is closed or goes out of business, the agency shall comply with 8.26.5.30 NMAC.
   2. (b) Disrupted or proposed adoptions not finalized: PSD and CPA’s shall retain cases for five years after the case is closed. In the event an agency is closed or goes out of business, the agency shall comply with 8.26.5.30 NMAC.

3. B. Confidentiality: Under CYFD’s general rulemaking authority Section 9-2A-7 NMSA 1978, the confidentiality provisions of the New Mexico Children’s Code, Sections 32A-3B-22 and 32A-4-33 NMSA 1978, the specific authority related to certification of foster care providers, Subsection D of Section 40-7-4 NMSA 1978 and the Adoption Act, Sections 32A-5-6 and 32A-5-8 NMSA 1978, all case records and identifying information including foster and adoptive families, and applicant files are confidential and may not be publicly disclosed.

   1. (1) Release in response to court order: PSD and CPAs may release such files only upon a valid court order provided that confidential criminal and abuse and neglect information may not be released, unless a court order specifically orders such a release.
   2. (2) Release to another agency that is considering a previously licensed family for licensure: An agency that has licensed a foster or adoptive care giver may release assessment information and an unofficial copy of the home study to any agency that is considering the foster or adoptive family for licensure, upon receipt of the signed notification by the foster care provider of its licensure history with previous agencies.

4. C. Foster care provider files:

   1. (1) Upon request, foster care providers shall be allowed to review their own file with the exception of letters of reference and the identity of any abuse or neglect report source regarding the foster or adoptive parents. Copying the file is not permitted.
   2. (2) The agency shall provide an unofficial copy of the home study to the foster care provider upon written request.

   3. (3) Foster care providers may purchase an official copy of their home study for a reasonable fee to be determined by the PSD director.

      HISTORY OF 8.26.4 NMAC:

      Pre-NMAC History: The material in this part was derived from that previously filed with State Records Center and Archives under:

      HSSD 75-7, Minimum Requirements for Licensing of Child Placement Agencies, 9/15/1975;

      SSD 5.3.0, Substitute Care for Children - Department Responsibilities, filed 8/22/1986;

      SSD 5.3.0, Substitute Care for Children - Department Responsibilities, filed 1/29/1987;

      SSD 5.3.0, Substitute Care for Children - Department Responsibilities, filed 11/18/1987;

      SSD 5.3.0, Substitute Care for Children - Department Responsibilities, filed 6/14/1988;

      SSD 5.3.0, Substitute Care for Children - Department Responsibilities, filed 8/22/1988;

      SSD 5.3.0, Substitute Care for Children - Department Responsibilities, filed 9/18/1990;

      SSD 5.3.0, Substitute Care for Children - Department Responsibilities, filed 3/15/1991;

      SSD 5.4.0, Substitute Care for Children - Licensing Standards for Foster Homes, 8/22/1986;

      SSD 5.4.0, Substitute Care for Children - Licensing Standards for Foster Homes, 1/29/1987;

      SSD 5.4.0, Substitute Care for Children - Licensing Standards for Foster Homes, 6/18/1987;

      SSD 5.4.0, Substitute Care for Children - Licensing Standards for Foster Homes, 11/18/1987;

      SSD 5.4.0, Substitute Care for Children - Licensing Standards for Foster Homes, 8/22/1988;

      SSD 5.4.0, Substitute Care for Children - Licensing Standards for Foster Homes, 3/28/1989;

      SSD 5.4.0, Substitute Care for Children - Licensing Standards for Foster Homes, 3/20/1990;

      SSD 5.4.0, Substitute Care for Children - Licensing Standards for Foster Homes, 9/18/1990;

      SSD 5.4.0, Substitute Care for Children - Licensing Standards for Foster Homes, 3/15/1991;

      SSD 5.5.0, Foster Care Child Placement Agency Licensing Regulations, 12/7/1989.

      History of Repealed Material:

      8 NMAC 27.2, Foster Parenting, filed 6/16/1997 - Repealed 2/14/2001;

      8.27.2 NMAC, Foster Parenting, filed 2/1/2001 - Repealed 7/15/2004;

      8.27.2 NMAC, Foster Parenting, 7/2/2004 - Repealed effective 11/15/2005;

      8.27.2 NMAC, Foster Parenting, filed 11/1/2005 - Repealed effective 5/29/2009;

      8 27.3 NMAC, Licensing Standards for Foster Care, filed January 13, 1997 - Repealed effective May 29, 2009.

      8 26.4 NMAC, Licensing Requirements for Foster and Adoptive Homes, filed May 15, 2009, replaced by 8 26.4 NMAC, Licensing Requirements for Foster and Adoptive Homes, effective February 11, 2020.

[8.26.4.22 NMAC - Rp, 8.26.4.21 NMAC, 2/11/2020]