PSD shall provide a client with either an administrative review or an administrative hearing to appeal a PSD decision, as outlined below. The outcome of an administrative review or hearing is final except as otherwise provided by law or these policies.

1. A. Administrative review:

   1. (1) An administrative review shall be used in the following instances:

      1. (a) removal of children in foster care when the children have been in placement with the family for longer than six months;
      2. (b) removal of adoptive children prior to finalization;
      3. (c) denial of a resource family license application;
      4. (d) denial of the resource family’s request to adopt foster children placed in their home, if the children have been placed with the resource family for longer than six months;
      5. (e) denial of transition support services;
      6. (f) the substantiation of an abuse or neglect investigation unless the issue is in litigation in a pending children’s court case;
      7. (g) the substantiation of a past abuse or neglect investigation that has been revealed by a present criminal record check where the records fails to show that PSD provided notice or an opportunity for a review, unless the issue was litigated in a children’s court case; or
      8. (h) denial of certification as an independent investigator or adoption counselor.
   2. (2) A client seeking an administrative review shall request the review in writing to PSD within ten days of the action or notice of the proposed action.
   3. (3) The decision to initially place children with an adoptive family is not subject to an administrative review, but is made at PSD’s sole discretion.

2. B. Administrative hearing: An administrative hearing shall be used only in the following instances:

   1. (1) the revocation, suspension, or non-renewal of a foster home licensed by PSD (as specified in 8.26.4 NMAC);
   2. (2) the denial, non-renewal, probation, suspension, or revocation of a child placement agency license (as specified in 8.26.5 NMAC); or
   3. (3) the substantiation of an abuse or neglect investigation after it has been upheld in an administrative review, unless the issue is in litigation in a pending children’s court case.
3. C. PSD shall comply with the administrative appeals process governed by 8.8.4 NMAC, Administrative Appeals.
4. D. A client seeking an administrative hearing shall request the hearing in writing to the PSD director’s office within 10 days of the action or notice of proposed action.

[8.8.2.13 NMAC - Rp, 8.8.2.17 NMAC, 3/31/2010; A, 4/29/11; A, 2/29/2012; A, 5/25/2021]