Section 9-8-13 - Authority to conduct social services. - New Mexico Statutes

9-8-13. Authority to conduct social services.

A.     The social services division of the department has authority to: 

(1)     establish, administer and supervise child welfare activities and social services to children, including but not limited to: 

(a)     children placed for adoption; 

(b)     homeless, dependent and neglected children; 

(c)     children in foster family homes or institutions because of dependency or neglect; and 

(d)     children with a physical or mental disability who may need such services; 

(2)     establish, administer and supervise social services for adults; 

(3)     license foster homes; and 

(4)     prescribe such regulations as it deems necessary to enforce and comply with this section and the Child Placement Agency Licensing Act [40-7A-1 NMSA 1978] and inspect and require reports from all private institutions, boarding homes, shelter care homes, group homes, foster homes and other facilities providing assistance, care or other direct services to children or aged, blind, disabled or other dependent persons.  

B.     Nothing contained in this section or in the Human Services Department Act [9-8-1 NMSA 1978] shall authorize the secretary: 

(1)     to establish or prescribe standards or regulations for, or otherwise regulate programs for or services to, children in group homes excepting only: 

(a)     the right to inspect and require reports from group homes as may be reasonably necessary to carry out any functions that may otherwise be specifically granted the department by law; and 

(b)     the right to require annual reports from group homes stating the name, address and telephone number of:  1) their principal offices; 2) their residential facilities for the care of children; 3) the membership of their boards of directors or other governing bodies if any; and 4) the persons in charge of the group homes and of their residential facilities; or 

(2)     to accept any delegation from or to exercise, perform or participate in any functions or duties, including any investigations or inspections, of the department of health or of its secretary that relate to group homes. 

As used in this subsection, "group home" includes any home the principal function of which is to care for a group of children on a twenty-four-hour-a-day residential basis and that receives no funds as such directly from or through the department and that is a member of any state or national association that requires it to observe standards comparable to pertinent recognized state or national group home standards for the care of children, such as the New Mexico Christian child care association, the national association of homes for children or the council on accreditation or that is certified by any such organization as complying with such standards.