1. A. When an agency voluntarily closes, the agency shall notify PSD in writing at least 90 calendar days prior to the agency beginning to move staff, families or children to another agency. The licensee shall provide PSD a written plan summarizing the preparation and arrangements for the care, custody and control of any children being served and the financial plan to ensure timely payments to families.

2. B. Retention of records in agency closures:

   (1) In all closures of treatment foster care agencies, including involuntary closures, the agency shall retain all records, including the foster parent record, the child’s records and administrative records, as defined in 8.26.5.25 NMAC according to regulations governing such agencies codified at Paragraph (2) of Subsection E of 7.20.11.22 NMAC, Certification Requirements for Child and Adolescent Mental Health Services.

   (2) In all closures of PSD licensed, non-treatment foster care agencies, including when an agency’s license has expired or goes out of business, or where the agency agency’s license has been revoked, the agency shall retain foster parent records, the child’s record and administrative records, as defined in 8.26.5.25 NMAC, for five years after the agency has been closed or goes out of business.

   (3) In all closures of PSD licensed adoption agencies, including when an agency’s license has expired or goes out of business, or where the agency’s licensed has been revoked:

   (a) administrative records: the agency shall retain administrative records for five years after the agency has been closed or goes out of business, unless an applicable law requires a retention period for a longer period of time;

   (b) parent and child adoptive records in finalized cases: the agency shall transfer finalized parent and child adoptive records to PSD for permanent storage;

   (c) parent and child adoptive records in adoption disruptions or proposed adoptions not finalized: the agency shall retain parent and child adoptive records in cases of disrupted adoptions or proposed adoptions not finalized for five years after the agency has been closed or goes out of business.

   HISTORY OF 8.26.5 NMAC:

   Pre-NMAC History:

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

   SSD 5.4.0, Substitute Care for Children, Licensing Standards for Foster Homes, 8/22/86.

   SSD 5.4.0, Substitute Care for Children, Licensing Standards for Foster Homes, 1/29/87.

   SSD 5.4.0, Substitute Care for Children, Licensing Standards for Foster Homes, 6/18/87.

   SSD 5.4.0, Substitute Care for Children, Licensing Standards for Foster Homes, 11/18/87.

   SSD 5.4.0, Substitute Care for Children, Licensing Standards for Foster Homes, 8/22/88.

   SSD 5.4.0, Substitute Care for Children, Licensing Standards for Foster Homes, 3/28/89.

   SSD 5.4.0, Substitute Care for Children, Licensing Standards for Foster Homes, 3/20/90.

   SSD 5.4.0, Substitute Care for Children, Licensing Standards for Foster Homes, 9/18/90.

   SSD 5.4.0, Substitute Care for Children, Licensing Standards for Foster Homes, 3/15/91.

   SSD 7.5.0, Adoption - Child Placement Agency Regulations, 8/22/86.

   SSD 7.5.0, Adoption - Child Placement Agency Regulations, 6/18/87.

   SSD 7.5.0, Adoption - Child Placement Agency Regulations, 8/22/88.

   SSD 5.5.0, Foster Care Child Placement Agency Licensing Regulations, 12/7/89.

   History of Repealed Material:

   8 NMAC 27.2, Foster Parenting, filed 6/16/97 - Repealed effective 2/14/2001.

   8 NMAC 27.3, Licensing Standards for Foster Care, filed 1/13/97 - Repealed effective 5/29/2009.

   8.27.6 NMAC, Child Placement Agency Licensing Standards, filed October 15, 2002 - Repealed effective 5/29/2009.

[8.26.5.30 NMAC - Rp, 8.27.6.21 NMAC, 5/29/09; A, 8/15/11]