ICPC State Pages

Compact Administrators

Compact Administrator Teresa Casados, CYFD Cabinet Secretary Designate 505-827-7602 New Mexico Children, Youth & Families Department P.O. Drawer 5160 Santa Fe, NM 87502-5160 .(JavaScript must be enabled to view this email address)

Deputy Compact Administrator Marlena Allen, Deputy Compact Administrator 505-827-8400 NEW MEXICO IS A NEICE STATE NEW MEXICO IS ONLY ACCEPTING ICPC PACKETS VIA NEICE OR EMAIL PLEASE ADDRESS ALL CORRESPONDENCE TO: .(JavaScript must be enabled to view this email address) Main Number: 505-264-1924 Email: .(JavaScript must be enabled to view this email address)

Consultants

ICPC Specialist (A-H) Marlena Allen, Program Specialist PLEASE ADDRESS ALL CORRESPONDENCE TO: .(JavaScript must be enabled to view this email address) Main Number: 505-264-1924 Email: .(JavaScript must be enabled to view this email address) All Public Requests, All RTC Requests & Priv/Indep Adoptions	Administrative Assistant (A-L) no information provided
ICPC Specialist (I-Q) no information provided	Administrative Assistant (M-Z) no information provided
ICPC Specialist (R-Z) no information provided

Mailing Address

Regular Mailing Address NM ICPC P.O. Drawer 5160, Rm. 254 Santa Fe, NM 87502-5160

Federal Express Address NM ICPC 1120 Paseo De Peralta, Rm. 254 Santa Fe, NM 87501-5160

Useful Telephone Numbers

Child Abuse Hotline In State: (505) 841-6100 Out of State: 1(800) 333-7233 (855-333-SAFE)	Juvenile Compact Office Children, Youth and Families Department/ICJ (505) 841-4792
Mental Health Compact Office (505) 454-2100

Useful Websites

 

General Iinformation

 

Co-Located Compacts - ICPC, ICAMA, ICJ

Adoption

Independent /Private

Independent/Private Adoptive Placements:

New Mexico permits private attorney, private agency and/or independent adoptions

Adoption Statute-Non-Agency; Independent; Private Adoptions:

32A-5-1 NMSA 1978

32A-5-1 NMSA 1978

32A-5-1 NMSA 1978

Senate Bill 27 {Section 32A-5-3 NMSA 1978 (being Laws 1993,
Chapter 77, Section 130, as amended)}

Public

Public Adoptive Placements-Requirements

 32A-5-12 NMSA 1978

INDEPENDENT / PRIVATE / PUBLIC

The following information applies to independent, private and public adoptions

Adoption Assistance

Adoption assistance payments begins

• After the adoption is finalized

Sending State Adoption Subsidy Payments (Guidelines)

No information provided

Special Needs

New Mexico definition of "Special Needs"

2A-5-43 through 32A-5-45

(a)     the child cannot or should not be returned to the home of the parents;

(b)     there exists a specific factor or condition (such as the child’s age, ethnic background, emotional, physical or mental disability, or membership in a minority or sibling group) making it reasonable to conclude that the child cannot be placed for adoption without providing adoption assistance; and

(c)     except where it would be against the best interests of the child, a reasonable but unsuccessful effort has been made to place the child without adoption assistance.

Finalization

Adoption may be finalized in another state:

• Yes

Before finalization can occur in New Mexico, child must be in adoptive placement:

• 6 months
• Other

Statutory code/cite for Adoption Petition

32A-5-25 NMSA 1978

Court Jurisdiction for Adoption Cases

 District Court

Home Study (Adoptions)

Statutory code/cite for the Adoptive Home Studies:

 32A-5-14 Pre-placement stud

Prospective adoptive parents permitted to pay for a pre-adoptive home study

• Other : no information provided

Prospective adoptive parents permitted to pay for a pre-adoptive home study

• Private Adoptions: Yes
• Independent Adoptions: Yes

Age of Majority

State's age of majority

• 18 years

Statutory code/cite and the age of majority:

• NM Children's Code Article 1, 32A-1-4

Services (after Age of Majority)

As the Receiving State, the following services will be provided/continued at the age of majority:

• Medicaid

Appeals

Appeals permitted:

• Home Study: Yes
• ICPC Decision: No

Border Agreements

Border Agreements permitted:

• No

Current Border Agreements with:

• None - Not Applicable

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/and abuse and neglect.

• 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:

• National
• State
• Local

 

Background Screening

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.

 

Type 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))

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

Definitions

New Mexico Specific Definitions

If the following terms are defined differently than below (General Definitions), please provide definitions for the following types of placements as defined within your state. If definitions in your state are the same, please type the word same in the space provided.

Adoption

“Adoption” is the establishment of a court sanctioned legal parental relationship between an adult and a child.

Foster-Adopt

Same

Foster Care

Same

Parent

Same

Relative

Same

Relative Foster Care

Same

General Definitions

Adoption

is the legal act of permanently placing a child with a parent or parents other than the birth parents. Adoption results in the severing of the parental responsibilities and rights of the biological parents and the placing of those responsibilities and rights onto the adoptive parents. After the finalization of an adoption, there is no legal difference between biological and adopted children.

The types of adoptions permitted by each state are governed by state law:

• Private Agency - are adoptions facilitated by a private licensed agency (i.e. domestic and international).
• Independent - are adoptions facilitated by an attorney, other intermediary, or adoption facilitator as defined by state law.
• Public - are adoptions facilitated by a public state or local agency and involve children who are in the custody of a state/local government agency.

Days

means “Calendar” (not business) days.

Foster - Adopt

is an individual who has been approved as a licensed foster parent and who has made an offer of an adoption commitment if the child becomes legally free.

Foster Care (Provider)

is any person other than a natural or adoptive parent with whom a child is in the care, custody, or guardianship of the State Child Welfare Agency and placed by said division, or with its approval for temporary or long-term care but shall not include any person with whom a child is placed for the purpose of adoption.  Foster home means and includes private residences that are licensed, or specialized group homes.

Foster Care Maintenance Payments

means payments to cover the cost of (and the cost of providing) food, clothing, shelter, daily supervision, school supplies, a child's personal incidentals, liability insurance with respect to a child, and reasonable travel to the child's home for visitation. In the case of institutional care, such term shall include the reasonable costs of administration and operation of such institution as are necessarily required to provide the items described in the preceding sentence.

Legal Risk Adoptions

A legal risk adoption, or a legal risk placement, is one where a prospective adoptive child is placed in your home although the child is not yet legally free to be adopted.

License/certification/approval

means approval and or certification granted by the authority of a state regulatory agency.

Live Scan

is an electronic computerized technology which digitally scans fingerprints and provides immediate transmission of fingerprint records to the Department of Justice, FBI or other authorized receiving agency.

Parent

is a biological, adoptive parent or legal guardian as determined by applicable State law and is responsible for the care, custody and control of a child or upon whom there is legal duty for such care.

Relative

is a birth or adoptive brother, sister, stepparent, stepbrother, stepsister, uncle, aunt, first cousin, niece, nephew, as well as relatives of half blood or marriage and those denoted by the prefixes of grand and great including grand parent or great grandparent, or as defined in your state statute for the purpose of foster and or adoptive placements.

Relative-Foster Care

refers to a person who meets the definition of a relative as noted above and has been approved as a licensed foster parent.

Public Education Costs

New Mexico charges for public education:

• No

New Mexico charges the sending state for specialized services (occupational, speech therapy)

• Yes

New Mexico charges the Sending State to obtain assessments/diagnostics and/or services for education purposes:

• No

Financial Plans, Medicaid, IV-E, Daycare, Payments

FINANCIAL PLANS

New Mexico permits a child in the legal custody of a Sending State to apply for and receive the following state administered assistance/benefits in New Mexico as the Receiving State.

• Medicaid
• TANF Child Only
• TANF–Family

As the Sending state, following are considered as a viable financial/medical plan when making interstate placements:

• Applying for TANF - (Family Income Based)
• Applying for TANF - Child Only
• Title IV-E Foster Care
• Title IV-E Adoption Assistance
• Sending State Adoption Assistance
• Kin-Guardianship - Fostering Connections (IV-E)
• Kin-Guardianship - State
• Medicaid
• Sending State’s Coverage for Medical Assistance

As the Receiving state, following are considered a viable financial/medical plan when receiving interstate placements:

• Applying for TANF - (Family Income Based)
• Applying for TANF - Child Only
• Title IV-E Foster Care
• Title IV-E Adoption Assistance
• Sending State Adoption Assistance
• Kin-Guardianship - Fostering Connections (IV-E)
• Kin-Guardianship - State
• Medicaid
• Sending State’s Coverage for Medical Assistance

MEDICAID / MEDICAL ASSISTANCE

The state will ensure medical coverage benefits and services can be received through benefits, programs and providers in the Receiving State before placing a child across state lines.

• No

Medicaid

The receiving state is responsible for the Medicaid benefits of children eligible under Title IV-E. Otherwise, the responsibility is with the sending state (see Foster Care Payments).

• Yes

WAITING PERIOD FOR MEDICAID BENEFITS

Waiting period to apply for benefit assistance:

• No waiting period

Waiting period to receive benefits for a child who is under the legal custody/legal jurisdiction of the sending state:

• No waiting period

STATE MEDICAL INSURANCE/COVERAGE

As the Sending State, New Mexico will provide medical coverage if the child is NOT IV-E eligible

• Yes: Reimbursement directly to the service provider after they have provided an invoice and they are set up in the New Mexico CWIS system as a provider, or reimbursement to placement resource with copies of receipts.

As the Sending State, New Mexico will permit Placement Resources to apply for medical benefits in the Receiving State or use their personal insurance.

• Yes

PAYMENTS MADE

TANF Payments

• no information provided

Adoption assistance payments begin:

• After the adoption is finalized.

Foster Care Payments

• LEVEL I                                           0-5 Years     6-12 Years 13 or Older
    Foster or Relative Home                       $20.91       $22.06       $22.95
    Crisis Shelter Group Home                       $11.03     $11.73       $12.23
    Emergency Foster Home (30 Day Max)       $11.03     $11.73       $12.23
  LEVEL II                                           0-5 Years     6-12 Years 13 or Older
    Specialized Foster Care                       $27.09     $28.21       $29.08

Special Education Payments

• No

Daycare Payments

• Yes

If New Mexico is the sending state, daycare payments will be paid for children placed outside of New Mexico.

Kinship Program

no information provided

TITLE IV-E

Medicaid - The receiving state is responsible for the Medicaid benefits of children eligible under Title IV-E. Otherwise, the responsibility is with the sending state (see Foster Care Payments).

• Yes

Title IV-E documentation/verification required

• Yes: Title IV-E eligibility determination documentation

Foster Care

RATES (Foster Care)

Foster care rate paid at:

• Highest
• Other

Maintenance payments for a child in CYFD’s custody placed in out-of-state foster homes are made at New Mexico rates, or at the rate authorized by the state licensing the foster home if higher than New Mexico rates. Must have County Office Manager approval.

New Mexico foster care rates:

REQUIREMENTS (Foster Care)

Foster Care Resource Requirements:

 

1)     complete an application form;

(2)     consent to a home study and its completion;

(3)     consent to a criminal records check and child abuse and neglect check; and

(4)     complete the required pre-service training.

Training (Education and Training)

• All relative, foster care, adoptive applicants participate in mandatory pre-service training offered by PSD or a contract provider. Pre-service training is made available in each county on at least a quarterly basis. In order to move the home study to completion within the prescribed time frames, training may also be provided individually. All household members age 17 and over are required to attend the training prior to the home being approved for foster care.

Home Studies (Adoption/Foster Care/Kinship/Parent/Relative)

Types of Home Studies

New Mexico conducts the following types of home studies:

• Foster Care
• Relative-Foster Care
• Parent Care
• Foster- Adopt
• Adoption
• Other

New Mexico cannot meet Regulation 7 timeframes on any ICPC requests.
NM licenses all relative homes.

New Mexico designates staff in each county/region to conduct home studies and/or process interstate placements.

• Yes

New Mexico considers a home study as current/valid for:

• 2 years

Private Contract Services - Home Study

As the Sending State, New Mexico will pay a contractor or private/independent agency in the Receiving State to conduct a home study

• Yes

As the Receiving State, New Mexico will permit a Sending state to pay a contractor or private/independent agency in the Receiving State to conduct a home study.

• Yes

As the Receiving State, New Mexico will accept/update a home study that was not originally conducted by the receiving state or a private contractor acting on behalf of the Receiving State.

• Other: To be determined on a case by case basis.

Adoptive Home Studies

Home study for adoption conducted prior to Termination of Parental Rights (TPR)

• No

Prospective adoptive parents permitted to pay for a pre-adoptive home study

• Private Adoptions: Yes
• Independent Adoptions: Yes

DCPS contracts for Purchase of Services with private agencies in other states:

• Yes

Foster Care Home Study

Home study for foster care conducted prior to Termination of Parental Rights (TPR)

• Yes

Parent Home Study

If child has been removed from the parent, New Mexico requires a home study evaluation before reunification.

• If child is in State's custody

Non-Custodial Parents

Placements with non-custodial parents are not covered under the ICPC if:

no information provided

Proof of Paternity is required:

• Yes :

Relative/Kinship Home Study

Home study for relatives conducted prior to Termination of Parental Rights (TPR)

• Yes

Define Relative

“Relative” refers to mothers, fathers, brothers, sisters, grandparents, aunts, uncles, nieces, nephews, first cousins, mother-in-laws, father-in-laws, sister-in-laws, and brother-in-laws, as well as fictive kin.

Relatives must be licensed:

• Yes

Proof of Paternity is required:

• Yes :

New Mexico considers the following types and degrees of relation as relative placements. Individuals related in the 1st degree, 2nd degree, 3rd degree and 4th degree (You may need to refer to your state's consanguinity chart or state statute to determine relations or relative status.)

• Other

ALL RELATIVE HOMES MUST BE LICENSED

Regulation 7 Priority Placement

New Mexico performs priority placements:

• No

A court ordered Priority 7 conducted if the child is in a DCF shelter or foster home for substantial period of time.

Wait Time (ICPC Interstate Home Study) - Public

Average length of time to process and complete a home study with criminal background checks for an interstate placement (Not including completion of education training):

• Other

  :

  120 days

  New Mexico cannot meet Regulation 7 timeframes on any ICPC requests. New Mexico licenses all relative homes.

Wait time to complete Home Study, only (without criminal records check):

• 120 days

Wait Time (ICPC Interstate Home Study) - Private

Average length of time to process and complete a home study with criminal background checks for an interstate placement (Not including completion of education training):

• 60 days

Wait time to complete Home Study, only (without criminal records check):

• 60 days

New Mexico determines the "Date of Receipt" for an interstate home study as:

• Date stamped in the ICPC Office.
• Other

Method of requesting, sending, and/or reporting an interstate home study

Criminal 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.

Type 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))

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

ICPC Processing And Data Collection

New Mexico conducts the following types of home studies:

• Foster Care
• Relative-Foster Care
• Parent Care
• Foster- Adopt
• Adoption
• Other

New Mexico cannot meet Regulation 7 timeframes on any ICPC requests.
NM licenses all relative homes.

ICPC Placement Checklists

Date of Receipt - Home Study

New Mexico determines the "Date of Receipt" for an interstate home study as:

• Date stamped in the ICPC Office.
• Other

New Mexico designates staff in each county/region to conduct home studies and/or process interstate placements.

• Yes

Private Contract Services - Home Study

As the Sending State, New Mexico will pay a contractor or private/independent agency in the Receiving State to conduct a home study

• Yes

Criminal Records 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.

Type 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))

Mailing Process - Interstate Home Study

Method of requesting, sending, and/or reporting an interstate home study

Wait/Processing Times

Wait Time (ICPC Interstate Home Study) - Public

Average length of time to process and complete a home study with criminal background checks for an interstate placement (Not including completion of education training):

• Other

  :

  120 days

  New Mexico cannot meet Regulation 7 timeframes on any ICPC requests. New Mexico licenses all relative homes.

Wait time to complete Home Study, only (without criminal records check):

• 120 days

Wait Time for Criminal Records Checks

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

Wait Time - (License/ Certification/ Approval - Education and Training)

Average Length of time it takes for a home to be licensed/approved/certified:

• 3-6 mos.

Length of time a license is valid before renewal required.

• 2 years

New Mexico offers classes (education and training) for placement resources' homes to become licensed/certified/approved:

• OtherVaries by region.

Wait Time for ICPC Decision

Data Collection

New Mexico collects, tracks and reports interstate data via:

• ICPC Access Database

New Mexico collects, tracks and reports interstate home studies via

• ICPC Access Database

Licensing/Certification/Approval

Licensing

Dual Licensing state:

• No

New Mexico uses the following terms to authorize a resource family for foster care and (or) adoption after completion of education and training in state:

• Approve (Adoption)
• Verified (Foster Home)
• Certified

New Mexico requires the following types of placement resources to be licensed/approved/certified:

• Foster Care
• Relative-Foster Care
• Adoption
• Foster/Adopt

New Mexico resource training program is as follows:

• PRIDE (Parents Resource Information Development Education)

New Mexico will give full or partial credit for foster care and adoption education and training completed in another state:

• Adoption
  OtherDetermined on case by case basis
• Foster Care
  OtherDetermined on a case by case basis.

Title IV-E documentation/verification required

• Yes: Title IV-E eligibility determination documentation

Requirements (Licensing)

Licensing Requirements

•  

  See (NMAC) Title 8, Chapter 26, Part 4

Foster Care Placements

• no information provided

Wait Time - (License/ Certification/ Approval - Education and Training)

Average Length of time it takes for a home to be licensed/approved/certified:

• 3-6 mos.

Length of time a license is valid before renewal required.

• 2 years

New Mexico offers classes (education and training) for placement resources' homes to become licensed/certified/approved:

• OtherVaries by region.

Parent Studies

New Mexico conducts the following types of home studies:

• Foster Care
• Relative-Foster Care
• Parent Care
• Foster- Adopt
• Adoption
• Other

New Mexico cannot meet Regulation 7 timeframes on any ICPC requests.
NM licenses all relative homes.

Custodial Parent Evaluated Per Reunification

If child has been removed from the parent, New Mexico requires a home study evaluation before reunification.

• If child is in State's custody

Non-Custodial Parents

Placements with non-custodial parents are not covered under the ICPC if:

no information provided

Proof of Paternity is required:

• Yes :

Regulation 7 Priority Placement

New Mexico performs priority placements:

• No

A court ordered Priority 7 conducted if the child is in a DCF shelter or foster home for substantial period of time.

Wait Time (ICPC Interstate Home Study)

Average length of time to process and complete a home study with criminal background checks for an interstate placement (Not including completion of education training):

• Other

  :

  120 days

  New Mexico cannot meet Regulation 7 timeframes on any ICPC requests. New Mexico licenses all relative homes.

Wait time to complete Home Study, only (without criminal records check):

• 120 days

New Mexico determines the "Date of Receipt" for an interstate home study as:

• Date stamped in the ICPC Office.
• Other

Method of requesting, sending, and/or reporting an interstate home study

Criminal Records 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.

Type 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))

Wait Time for Criminal Records Checks

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

Average length of time to process and complete a home study with criminal background checks for an interstate placement (Not including completion of education training):

• Other

  :

  120 days

  New Mexico cannot meet Regulation 7 timeframes on any ICPC requests. New Mexico licenses all relative homes.

Type 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))

Verification of Criminal Records Results

• Actual results/information contained in the Criminal Background

Wait Time - (License/ Certification/ Approval - Education and Training)

Average Length of time it takes for a home to be licensed/approved/certified:

• 3-6 mos.

Length of time a license is valid before renewal required.

• 2 years

New Mexico offers classes (education and training) for placement resources' homes to become licensed/certified/approved:

• OtherVaries by region.

Relative Placements

New Mexico conducts the following types of home studies:

• Foster Care
• Relative-Foster Care
• Parent Care
• Foster- Adopt
• Adoption
• Other

New Mexico cannot meet Regulation 7 timeframes on any ICPC requests.
NM licenses all relative homes.

Relative Home Study

Define Relative

“Relative” refers to mothers, fathers, brothers, sisters, grandparents, aunts, uncles, nieces, nephews, first cousins, mother-in-laws, father-in-laws, sister-in-laws, and brother-in-laws, as well as fictive kin.

Relatives must be licensed:

• Yes

Proof of Paternity is required:

• Yes :

New Mexico considers the following types and degrees of relation as relative placements. Individuals related in the 1st degree, 2nd degree, 3rd degree and 4th degree (You may need to refer to your state's consanguinity chart or state statute to determine relations or relative status.)

• Other

ALL RELATIVE HOMES MUST BE LICENSED

Regulation 7 Priority Placement

New Mexico performs priority placements:

• No

A court ordered Priority 7 conducted if the child is in a DCF shelter or foster home for substantial period of time.

Wait Time (ICPC Interstate Home Study)

Average length of time to process and complete a home study with criminal background checks for an interstate placement (Not including completion of education training):

• Other

  :

  120 days

  New Mexico cannot meet Regulation 7 timeframes on any ICPC requests. New Mexico licenses all relative homes.

Wait time to complete Home Study, only (without criminal records check):

• 120 days

New Mexico determines the "Date of Receipt" for an interstate home study as:

• Date stamped in the ICPC Office.
• Other

Method of requesting, sending, and/or reporting an interstate home study

Criminal Records 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.

Type 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))

Wait Time for Criminal Records Checks

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

Average length of time to process and complete a home study with criminal background checks for an interstate placement (Not including completion of education training):

• Other

  :

  120 days

  New Mexico cannot meet Regulation 7 timeframes on any ICPC requests. New Mexico licenses all relative homes.

Type 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))

Verification of Criminal Records Results

• Actual results/information contained in the Criminal Background

Wait Time - (License/ Certification/ Approval - Education and Training)

Average Length of time it takes for a home to be licensed/approved/certified:

• 3-6 mos.

Length of time a license is valid before renewal required.

• 2 years

New Mexico offers classes (education and training) for placement resources' homes to become licensed/certified/approved:

• OtherVaries by region.

Residential Treatment Centers/Facilities

Before New Mexico will approve a child for an interstate placement with an RTF, Certification/verification of acceptance is required from the Residential Treatment Facility (RTF).

• Yes

Residential Placements

no information provided

Supervisory Reports

New Mexico Requires face-to-face supervision:

• Once a month

New Mexico will provide supervision of an interstate placement:

• Until the age of Majority as defined in the Receiving State

New Mexico Submits a supervisory report to the Sending State

• Quarterly

New Mexico will send a supervision report to:

• The ICPC in the Sending State

Supervision Guidelines

Please see Regulation 11 for supervision requirements under the ICPC (Link provided below):

• Best Practice Guidelines for Supervision via the ICPC

Termination of Parental Rights (TPR)

Home study for adoption conducted prior to Termination of Parental Rights (TPR)

• No

Home study for relatives conducted prior to Termination of Parental Rights (TPR)

• Yes

After TPR, relatives are no longer relatives and a foster care or adoptive home study must be requested.

• Yes

Relative Home Study

Define Relative

“Relative” refers to mothers, fathers, brothers, sisters, grandparents, aunts, uncles, nieces, nephews, first cousins, mother-in-laws, father-in-laws, sister-in-laws, and brother-in-laws, as well as fictive kin.

Relatives must be licensed:

• Yes

Proof of Paternity is required:

• Yes :

New Mexico considers the following types and degrees of relation as relative placements. Individuals related in the 1st degree, 2nd degree, 3rd degree and 4th degree (You may need to refer to your state's consanguinity chart or state statute to determine relations or relative status.)

• Other

ALL RELATIVE HOMES MUST BE LICENSED