SENATE BILL 465
48th legislature - STATE OF NEW MEXICO - second session, 2008
INTRODUCED BY
Gay G. Kernan
AN ACT
RELATING TO DOMESTIC AFFAIRS; REQUIRING THE CHILDREN, YOUTH AND FAMILIES DEPARTMENT TO PROVIDE BY RULE FOR DRUG TESTING OF A FOSTER HOME APPLICANT; PROVIDING FOR LICENSE DENIAL FOR A FOSTER HOME APPLICANT WHO FAILS OR REFUSES A DRUG TEST; MAKING AN APPROPRIATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. Section 40-7A-1 NMSA 1978 (being Laws 1981, Chapter 171, Section 1) is amended to read:
"40-7A-1. SHORT TITLE.--[Sections 1 through 8 of this act] Chapter 40, Article 7A NMSA 1978 may be cited as the "Child Placement Agency Licensing Act"."
Section 2. Section 40-7A-3 NMSA 1978 (being Laws 1981, Chapter 171, Section 3) is amended to read:
"40-7A-3. DEFINITIONS.--As used in the Child Placement Agency Licensing Act:
A. "child" means an individual under the age of eighteen years;
B. "child placement agency" means any individual, partnership, unincorporated association or corporation undertaking to place a child in a home in this or any other state for the purpose of foster care or adoption of the child;
C. "department" means the [human services] children, youth and families department;
D. "division" means the [social] protective services division of the department;
E. "drug test" means a reasonable collection and analysis procedure used to detect a controlled substance or controlled substance analog in the blood stream in violation of the Controlled Substances Act;
[E.] F. "foster home" means a home maintained by an individual having the care and control, for periods exceeding twenty-four hours, of a child who is abused, neglected, dependent or homeless and who is not placed for adoption;
[F.] G. "person" means any individual, partnership, unincorporated association or corporation; and
[G.] H. "secretary" means the secretary of [human services] children, youth and families."
Section 3. Section 40-7A-4 NMSA 1978 (being Laws 1981, Chapter 171, Section 4, as amended) is amended to read:
"40-7A-4. LICENSING--REGULATIONS--APPLICATION FOR LICENSE.--
A. An application for a license to operate a child placement agency shall be made to the division on forms provided and in the manner prescribed by the division. A child placement agency may be licensed either to place children in foster homes or in homes for adoption, or both. The division shall investigate the applicant to ascertain whether the applicant qualifies under the regulations promulgated by the division and shall provide by rule for performing a drug test on an applicant for a foster home license. If qualified, the division shall issue a license valid for one year from date of issuance. A license shall be renewed for successive periods of time not to exceed three years, as determined by the division, if the division is satisfied that the child placement agency is in compliance with the division's regulations. No fee shall be charged for a license.
B. No person shall operate a child placement agency or foster home without first being licensed to operate the agency or home by the division. Placement of a child in the home of a relative or guardian shall not require a license from the division under the Child Placement Agency Licensing Act. A person desiring to operate a foster home under the authority of a child placement agency shall submit to a drug test and shall obtain a license from the division through the child placement agency under which it will operate. The child placement agency shall certify to the division that the person is a suitable person to operate a foster home. The certification shall be on a form provided by the division and shall contain such information as the division requires. The division shall give notice of action taken upon a certification received from a child placement agency within thirty days from the receipt thereof and shall state the reasons for any denial. [No] A foster home shall not be certified by more than one child placement agency. A certificate shall be renewed for successive one-year periods if the child placement agency is satisfied that the foster home is in compliance with the division's regulations. When certified by a child placement agency, a foster home may receive a child for care from sources other than the certifying agency upon the written consent of the certifying agency.
C. Upon certification by a child placement agency that a person is suitable to operate a foster home, the child placement agency may place a child for foster care pending licensing of the foster home by the division. If the division declines to license, the child placement agency shall promptly remove the child from the placement.
D. The division shall prescribe and publish minimum standards and other regulations for licensing of child placement agencies and certification of foster homes. The prescribed minimum standards and other regulations shall be promulgated by the division no later than six months after the effective date of the Child Placement Agency Licensing Act and shall be restricted to:
(1) the responsibility assumed by the foster home or child placement agency for the shelter, health, diet, safety and education of the child served;
(2) the character, suitability and qualifications of the applicant for a license or certificate and of other persons directly responsible for the health and safety of the child served;
(3) the results of a drug test;
[(3)] (4) the general financial ability of the applicant for a license or certificate to provide care for the child served;
[(4)] (5) the maintenance of records pertaining to the admission, progress, health and discharge of the child served; and
[(5)] (6) the filing of reports with the division.
E. The regulations shall not proscribe or interfere with the religious beliefs or religious training of child placement agencies and foster homes, except when the beliefs or training endanger the child's health or safety.
F. The division may inspect child placement agencies and foster homes as necessary to ensure that they are in compliance with the provisions of the Child Placement Agency Licensing Act and regulations of the division.
G. Any person licensed or certified to operate a child placement agency or foster home under the provisions of the Child Placement Agency Licensing Act has the right to appeal any regulation [which] that the person believes has been improperly applied by representatives of the division or [which] that exceeds the authority granted to the division by the Child Placement Agency Licensing Act. The secretary shall designate a hearing officer or officers from the department to hear an appeal. The hearing officer or officers shall make a written recommendation to the secretary for resolution of the appeal. The secretary's decision shall be in writing and shall be the final administrative determination of the matter."
Section 4. APPROPRIATION.--One hundred ninety-nine thousand eight hundred dollars ($199,800) is appropriated from the general fund to the children, youth and families department for expenditure in fiscal year 2009 for drug testing of each new applicant to become a foster parent. Any unexpended or unencumbered balance remaining at the end of fiscal year 2009 shall revert to the general fund.
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