1. A. “Act” means the Child Placement Agency Licensing Act, pursuant to 40-7A-1 et. seq. NMSA 1978.

2. B. “Acknowledged father” means a father who:

   (1) acknowledges paternity of the adoptee pursuant to the putative father registry, pursuant to the Adoption Act, 32A-5-20, NMSA 1978;

   (2) is named, with his consent, as the adoptee’s father on the adoptee’s birth certificate; is obligated to support the adoptee under a written voluntary promise or pursuant to a court order; or

   (3) has openly held out the adoptee as his own child by establishing a custodial, personal or financial relationship with the adoptee as pursuant to the Adoption Act, 32A-5-3F (4)(a) and (b) NMSA 1978.

3. C. “Agency” or “child placement agency” means any PSD licensed individual, partnership, association or corporation, for profit or non-profit, undertaking to place a child in a home in this or any other state for the purpose of providing foster care or adoption services. An agency may be licensed as an adoption agency, a foster care agency or both.

   (1) “Adoption agency” means an agency licensed by PSD to facilitate the adoption of a child or perform a function within the adoption process.

   (2) “Foster care agency” means an agency licensed by PSD for the purpose of supervising foster care homes, treatment foster care homes, or other levels of foster care as developed by protective services division.

4. D. “Alleged father” means an individual whom the biological mother has identified as the biological father, but the individual has not acknowledged paternity or registered with the putative father registry as pursuant to the Adoption Act, 32A-5-20 NMSA 1978.
5. E. “Applicant” means an individual, partnership, unincorporated association or corporation who makes written application to become a licensed child placement agency in the state of New Mexico.
6. F. “Audit” means the review of an agency, as prescribed in these standards, for the purpose of determining if the standards outlined in these regulations are met.
7. G. “Best interest adoptive placement” is the adoption placement considered by PSD staff to be the most appropriate placement to meet the child’s needs and best interest.
8. H. “Child abuse and neglect check” is a review of the PSD information management system (also known as FACTS), or another state’s central abuse or neglect registry to determine if there have been any previous referrals on the family to this state’s or another state’s protective services division.
9. I. “Child placement agency” (see “agency”).
10. J. “Client” means a foster care or adoptive parent applicant, foster care or adoptive family, a foster or adoptive child, or the child’s biological family who receives services from an agency.
11. K. “Corrective action” means action taken by the agency in order to correct deficiencies or non-compliance with these standards or the Child Placement Agency Licensing Act.
12. L. “Corrective action plan” means the written plan developed by the agency identifying the actions that will be taken to correct deficiencies or non-compliance with these standards or the Child Placement Agency Licensing Act; the plan shall be approved PSD licensing staff.
13. M. “Criminal records check (CRC)” means federal, state or local checks for criminal offenses conducted on employees of an agency who are direct service staff as defined herein at Subsection P of 8.26.5.7 NMAC, potential and current foster and adoptive parents, and adult members of a foster or adoptive parent household.
14. N. “CYFD” means the children, youth and families department of the state of New Mexico.

15. O. “Deficiency” means non-compliance with these standards, and other laws, compacts and regulations referenced herein.

    (1) “Minor deficiencies” means those deficiencies that do not impair the safety, permanency or well being of a child in the agency’s care.

    (2) “Substantial deficiencies” means those deficiencies that impair the safety, permanency or well being of a child in the agency’s care.

16. P. “Direct service staff” means supervisors, physicians, nurses, therapists, client care workers, coordinators or other agency personnel who work in immediate direct unsupervised contact with children.
17. Q. “Direct unsupervised contact” means physical proximity to clients, such that physical contact or abuse could occur, without being observed or noticed by another staff member who has been cleared by PSD.
18. R. “Emergency suspension” means that prohibition of operation of an agency for a stated period of time by the temporary withdrawal of the license, prior to a hearing on the matter, when immediate action is required to protect human health and safety.
19. S. “Full disclosure” means prior to placement, the agency shall provide full disclosure about the child to the foster or adoptive family and the child’s PSD worker, and continue to provide full disclosure throughout the case and after finalization of the adoption, provided the information does not disclose information regarding the biological family in pursuant to the Adoption Act, 32A-5-3 (N) NMSA 1978. (See 8.26.5.17 NMAC herein)
20. T. “Governing board” means the organizational entity of an agency that has the ultimate responsibility for all planning, direction, control, and management of the activities and functions of a program licensed pursuant to these standards.
21. U. “Home study” is the final written document that results from the assessment process to determine the suitability of an applicant for a foster parent license.
22. V. “Interstate compact on adoption and medical assistance (ICAMA)” is an agreement between member states that governs the interstate delivery of medical services for adopted special needs children.
23. W. “Legal risk” means an adoptive placement where birth parents or other individuals may have legal rights that have not been fully terminated at the time of placement. The prospective adoptive parents are fully informed of the legal risks prior to the placement.
24. X. “Permanency plan” means a plan of intervention for the permanent placement of a child, as defined under the Adoption and Safe Families Act.
25. Y. “Placement” means the point in time when the child is placed in the foster or adoptive home by a legal custodian or guardian.

26. Z. “Post placement” means the period of time between the placement of a child in an adoptive home and the issuance of a decree signed by a judge ordering the adoption.

    AA. “Post-adoption” means any time following the entry of an adoption decree by the court.

    BB. “Presumed father” means, pursuant to the Adoption Act, 32A-5-3 (V) NMSA 1978, the husband of the biological mother at the time the adoptee was born; and individual who was married to the mother and either the adoptee was born during the term of the marriage or the adoptee was born within 300 days after the marriage was terminated by death, annulment, declaration of invalidity or divorce; or before the adoptee’s birth, an individual who attempted to marry the adoptee’s biological mother by a marriage solemnized in apparent compliance with the law, although the attempted marriage is or could be declared invalid and if the attempted marriage:

    (1) could be declared invalid only by a court, the adoptee was born during the attempted marriage or within 300 days after its termination by death, annulment, declaration or invalidity or divorce; or

    (2) is invalid without a court order, the adoptee was born within 300 days after the termination of cohabitation.

    CC. “Protective services division (PSD)” refers to the protective services division of the children, youth and families department, and is the state’s designated child welfare agency.

    DD. “Service provider” means anyone, agency or individual, providing a service to an individual or client.

    EE. “Substantial compliance” means all licensing standards have been complied with and that only minor deficiencies exist which do not impair the safety, permanency or well being of a child in the agency’s care and that the agency is in compliance with New Mexico Children’s Code, the New Mexico Adoption Act and regulations, the Indian Child Welfare Act, the Adoption and Safe Families Act, the Interstate Compact on Placement of Children, the Interstate Compact on Adoption and Medical Assistance, the Multi-Ethnic Placement Act, the Interstate Ethnic Placement Act, the Uniform Child Custody Act, the Health Information Portability and Accountability Act, the Adam Walsh Child Protection and Safety Act, the Safe and Timely Interstate Placement of Foster Children Act, and the Fostering Connections for Success and Increased Adoptions Act.

    FF. “Variance” upon written application form a child placement agency, PSD may in the exercise of its sole discretion issue a variance that allows non-compliance with these Child Placement Agency Licensing Standards, 8.26.5 NMAC. Variances are issued in writing at PSD’s sole discretion.

    GG. “Wide scale emergency” means a natural disaster (e.g., floods, wild fires, pandemic diseases) or human-caused disaster, whether intentional or accidental (e.g., acts of terrorism, transportation accidents, explosions). A wide scale emergency affects the entire community, with consequences that surpass the community’s resources to respond, and typically, although not necessarily, results in a local, state, or national declaration of emergency.

[8.26.5.7 NMAC - Rp, 8.27.6.7 NMAC, 5/29/09; A, 3/31/10; A, 8/15/11]