11.1 INTRODUCTION
Foster parents provide care for children who are removed from their homes and placed in the custody of the state because of suspected abuse or neglect. Foster parents are licensed by CYFD and subject to CYFD regulations.

11.2 QUALIFICATIONS
Any adult who is a legal resident of the country and who resides in New Mexico can apply to be a foster parent. People wanting to become foster parents are subject to screening which includes criminal record checks with the FBI and state and local police and a CYFD abuse and neglect check. Foster parents also must undergo a rigorous home study and complete a detailed autobiographical application that provides the licensing body with information about the potential ability of an adult to be a substitute caregiver. In addition, CYFD interviews in person all members of the foster parent applicant household. 8.27.2 NMAC.

Foster parent applicants attend at least 10 hours of pre-service training. 8.27.3.10 and 8.27.3.12 NMAC. Training includes:

• Communication techniques.
• Parenting techniques for children in crisis.
• Working with biological parents.
• Understanding child development.
• Techniques for de-escalating crisis situations.
• Adult, child, and infant CPR and first aid.

11.3 RESPONSIBILITIES
CYFD regulations describe the roles and responsibilities of the foster parent as follows:

• The foster parent is responsible for the daily care and supervision of a child placed in the foster parent’s home.
• The foster parent agrees to abide by all federal, state and local laws and CYFD’s licensing standards for foster care.
• The foster parent is a member of the child’s case management team and as a team member, participates in the development and implementation of team plans and may participate in conferences, Citizen Review Boards, judicial reviews, Individual Education Plans, etc. Foster parents do not make independent plans for children in their care.
• When requested by the local education agency, the foster parent may serve as a surrogate parent to protect the foster child’s educational rights and acts as the student’s advocate in the educational decision-making process.
• Foster parents refuse placements that they believe are not appropriate to their home.
• Foster parents document their observations of the child’s attitudes and behaviors and provide the information to CYFD.
• Foster parents honor the confidentiality provisions of the Children’s Code.
• Foster parents agree to never inflict corporal punishment on a child in foster care, including spanking, hitting, hair or ear pulling, and actions intended to produce fear, shame, or other emotional and/or physical trauma.
• Foster parents maintain and return all of a child’s belongings when he or she moves to another placement, including return home.
• Foster parents cooperate with and carry out CYFD’s plans for the child, including returning the child to his or her parents, placing with relatives, transferring to other substitute care settings, or adoption planning and placement. 8.27.2.29 NMAC.

11.4 FOSTER PARENTS AS MEMBERS OF THE CASE MANAGEMENT TEAM
The foster parent is a member of the child’s case management team together with the parents, the child (if age appropriate), the CYFD worker, the CYFD supervisor, service providers and any significant others in the child’s and/or family’s life. Foster parents play an essential role in contributing vital information about the child to the team. As the foster parent is the primary caregiver and observes behaviors that indicate the progress or needs of the child, it is important that he or she be involved in team meetings or staffings.

While foster parents provide daily care, they also serve as advocates for permanence for the child. Foster parents collaborate with the other team members to ensure the child’s best interest.

11.5 INVOLVEMENT IN THE ABUSE AND NEGLECT PROCEEDING
Unless they have intervened in the case, foster parents are not parties to the judicial abuse or neglect proceeding in a formal sense. They are, however, given notice of judicial reviews and permanency hearings and have a right to be heard at those reviews and hearings. The Supreme Court adopted Rule 10-105.3 in 2007 to ensure that foster parents are informed of this right:

In abuse and neglect proceedings, the department shall give notice of permanency hearings and periodic judicial review hearings to the child’s foster parents, pre-adoptive parents and relative care givers. The notice given shall expressly inform foster parents, pre-adoptive parents and relative care givers of their right to be heard at the permanency hearing or judicial review. Notice shall be served in the manner provided by Rule 10-105 NMRA, and a certificate of service shall be filed with the court.

Several sections of the Children’s Code also refer to the foster parent’s right to notice of the proceedings. For example, §32A-4-27(F) provides:

The foster parent, preadoptive parent or relative providing care for the child shall be given notice of, and an opportunity to be heard in, any review or hearing with respect to the child, except that this subsection shall not be construed to required that any foster parent, preadoptive parent or relative providing care for the child be made a party to such a review or hearing solely on the basis of the notice and opportunity to be heard.

Other provisions of the law include:

• §32A-4-20(C): Foster parents shall be given notice and an opportunity to be heard at the dispositional phase.
• §32A-4-25(C), (D): The children’s court attorney shall give notice to all parties, the child’s guardian ad litem, the child’s CASA, the local CRB, and the child’s foster parent or substitute care provider of the time, place and purpose of any judicial review hearing. These parties are entitled to present evidence and cross-examine witnesses.

Foster parents can ask to intervene to become a formal party in certain situations:

• §32A-4-27(A), (B): The court may permit intervention when the child has lived with the foster parents for at least six months and they file a motion for affirmative relief. The court will consider their rationale for intervening and whether intervention is in the best interests of the child.
• §32A-4-27(E): The court must permit intervention if:
  
  
  • the foster parent desires to adopt the child;
  • the child has resided with the foster parent for at least six months within the year prior to the termination of parental rights;
  • a motion for termination of parental rights has been filed by a person other than the foster parent; and
  • bonding between the child and the foster parent is alleged as a reason for terminating parental rights in the motion for termination.

Return to Top