New Mexico Criminal Background Checks/Abuse and Neglect Registry
Home Studies which Require Criminal / Perpetrator Record Checks
New Mexico requires criminal background checks for the following home studies:
- Foster Care
- Relative Care
- Relative-Foster Care
- Foster-Adopt
- Adoption
- Other, specified below
Parents: for home studies best practice indicates a name search completed for local/state history.
Criminal Background Screening
The following methods are used to capture fingerprints to conduct criminal records checks:
- Live Scan or other computerized technology
- Finger Print cards
- Other, specified below
Persons are manually printed. Finger print cards are processed via live scan technology for federal, state and local background checks.
Criminal background checks/screening via Live Scan or other computerized technology are offered at the following levels:
State or Local Criminal Record Checks Requirements/Process:
State and Federal Criminal Records Checks: State and federal criminal records checks are conducted at the time of initial licensure or when there has been a break in service. The state and federal criminal records checks are secured through the New Mexico Department of Public Safety (DPS). The placement worker assists the applicant and all adults living in the home in completing two fingerprint cards. Incorrect or lack of information on the cards may result in a delay in processing of the request.
The CRC Unit is allowed, per federal regulations, to forward the results only to the local county office. Distribution of the results to any others outside of PSD, other than to the individual for whom the results are obtained, is strictly prohibited under federal regulations. The CRC unit notifies the private placement agency if there is an automatic disqualifier or any other arrest but does not provide specific details.
Applicant will not be approved if the person has committed any of the following misdemeanor or felony offenses:
1. a felony conviction for child abuse and/or neglect;
2. a felony conviction for spousal abuse;
3. a felony conviction for any crime against children, including child pornography;
4. a felony conviction for any crime involving violence, including rape, sexual assault or homicide, but not including other physical assault or battery; and/or
5. a felony conviction within the past five years of physical assault or battery, or drug related offense, including Driving Whilt Intaxicated (DWI).
Applicants who have a conviction for crimes other than those noted above are not automatically disqualified; however this information shall be used to determine suitability for licensure. All police or court records relating to the applicant or other adult living in the home shall be considered in determining suitability for licensure.
For any criminal offense which is not an automatic disqualifier, the placement worker discusses the offense with the applicant, including the circumstances surrounding the offense, why the applicant believes he or she is rehabilitated, and why the offense should not be considered an impediment to foster parenting or adopting. The discussion with the applicant is thoroughly documented in the case narrative and in the home study. If it is discovered or determined that the applicant provided false information, the application may be denied or the license suspended.
Types of Checks (Crim. & Abuse Neglect Registry)
New Mexico requires the following types of criminal background and perpetrator checks (Federal (F), State (S), Local (L), Abuse and Neglect Registry (ANR), Not Required (NR)):
|
Federal |
State |
Local |
ANR |
NR |
| Foster Care |
y |
y |
y |
y |
|
| Relative |
y |
y |
y |
y |
|
| Relative Foster Care |
y |
y |
y |
y |
|
| Adoption |
y |
y |
y |
y |
|
| Foster-Adopt |
y |
y |
y |
y |
|
| Parent |
|
y |
y |
y |
|
New Mexico provides Abuse and Neglect searches:
Wait Time for Criminal Records Results
Wait time for fingerprint results are:
Live Scan or other technology
- State: 31-60 days
- Local/County: 31-60 days
Manually - Fingerprint Card
- State: Not Offered
- Local/County: Not Offered
Verification of Criminal Records Results
- Actual results/information contained in the Criminal Background
Period of Time the Checks are Valid
