Treatment foster care agencies shall comply with Treatment Foster Care Services, Certification Requirements for Child and Adolescent Mental Health Services, 7.20.11.29 NMAC. In addition, child placement agencies must ensure compliance with the following requirements.

1. A. Minimum staff: The staff of an agency shall include, at a minimum, a program director and a supervisor, and may include treatment coordinators. The program director may also fulfill the role of supervisor and treatment coordinator, provided the person meets the minimum qualifications for the higher position.

   (1) State program director: The program director and agency shall work in its New Mexico office and shall be able to demonstrate through documentation, knowledge of child welfare services and the circumstances which children and families experience in the substitute care or adoptive process. The minimum acceptable requirements of the program director of an agency are:

   (a) a graduate degree from an accredited college or university program in one of the following fields: social work, clinical psychology, family studies, marriage and family therapy, guidance and counseling or another human services related field; and

   (b) a minimum of two years experience providing social services in a licensed child placement agency or a state child placement agency with at least one year of supervisory experience.

   (2) Supervisor: The supervisor is required to possess a graduate degree from an accredited college or university program in the following fields: social work, clinical psychology, family studies, marriage and family therapy, guidance and counseling or another human-services related field. A placement supervisor has at least one year of experience providing social services in a licensed child placement agency or a state child welfare agency. The supervisor works in New Mexico.

   (3) Treatment coordinator: The treatment coordinator is required to possess a bachelor’s degree from an accredited college or university program in the following fields: social work, clinical psychology, family studies, marriage and family therapy, guidance and counseling or another human services related field. The placement worker works in New Mexico.

2. B. Employment history: An agency shall obtain a relevant employment history on each potential employee prior to employment and verify requisite experience or document attempts to accomplish such in the personnel file.
3. C. Not retroactive: The educational and experience requirements contained herein do not apply to individuals continuously employed by an agency on or before the effective date of these regulations.
4. D. References: At least three professional and character references shall be obtained by an agency for each potential professional employee prior to his or her employment. One of these references shall be from the previous employer or a professional colleague who has direct knowledge of the qualifications of the potential employee. Each letter of reference shall be followed up by a phone call by the agency. Documentation of references, with date and type of contact, including all telephone or in person contacts, shall be included in the employee’s personnel file.

5. E. Background checks: Abuse and neglect checks and criminal records checks are required for direct service staff as a condition of employment. This includes agency personnel who work in direct, unsupervised contact with clients or have physical proximity to clients such that physical contact could occur, as defined herein at Subsections H and M of 8.26.5.7 NMAC.

   (1) If a criminal records check is not required for any staff member, the reason it is not required must be documented in the employee’s record.

   (2) Direct service staff shall report all arrests or abuse and neglect referrals to the agency within 24 hours of the alleged offense or referral to PSD. Failure to report could result in termination or suspension. The agency shall investigate any reported or discovered arrests and referrals and take appropriate action to protect the safety of its clients.

   (3) Any corrective actions in response to a referral or arrest will depend on the outcome of such referral or arrest and may include a written reprimand, a corrective action plan, and restriction of unsupervised contact with clients, suspension or termination, depending on the nature of the offense and whether or not children were involved. The agency shall document any corrective action in the employee’s employment file.

6. F. Personnel policy: A copy of the agency’s personnel policy shall be given to each employee at the time of employment. Documentation of receipt of the policy shall be maintained in the personnel file.
7. G. Staff training: An agency shall document a minimum of 15 hours of training relevant to the position, per year, for each agency’s full-time professional employees, and 10 hours of training relevant to the position, per year, for each of the agency’s part-time (20 hours or less) professional employees. All applicable licensing requirements apply which may lead to more hours than the requirements of PSD, but shall not be less. PSD may at its discretion, require the agency to provide topic specific training for agency personnel.

[8.26.5.21 NMAC - Rp, 8.27.6.17 NMAC, 5/29/09; A, 8/15/11]