A. The division may deny, revoke, suspend, place on probation or refuse to renew the license of any child placement agency for failure to comply with the division's rules. The holder of the license that is to be denied, revoked, suspended or placed on probation or that is not renewed shall be given notice in writing of the proposed action and the reason therefor and shall, at a date and place to be specified in the notice, be given a hearing before a hearing officer appointed by the secretary with an opportunity to produce testimony in the holder's behalf and to be assisted by counsel. The hearing shall be held no earlier than twenty days after service of notice thereof unless the time limitations are waived or a child safety or health issue is present. A person whose license has been denied, revoked, suspended, placed on probation or not renewed may, on application to the division, have the license issued, reinstated or reissued upon proof that the noncompliance with the rules has ceased.
B. A child placement agency adversely affected by a decision of the division denying, revoking, suspending, placing on probation or refusing to renew a license may obtain a review by appealing to the district court pursuant to the provisions of Section 39-3-1.1 NMSA 1978.
C. The division or a child placement agency may deny, revoke, suspend or refuse to renew the license of any foster home for failure to comply with the division's rules. The holder of a license that is to be revoked or suspended or that is not renewed shall be given notice in writing of the proposed action and the reason for the proposed action and shall be given the opportunity to appeal the decision. A foster home that is denied a license shall be given the opportunity to request an administrative review of the reasons for the denial of the license.
D. When any foster home license is denied, suspended, revoked or not renewed, the care and control of any child placed pursuant to the Child Placement Agency Licensing Act shall be transferred to the child placement agency or the division.
History: Laws 1981, ch. 171, § 6; 1998, ch. 55, § 44; 1999, ch. 265, § 46; 2011, ch. 130, § 5.
ANNOTATIONSThe 2011 amendment, effective June 17, 2011, removed foster homes from the application of this section; permitted a hearing sooner than twenty days if there is an issue concerning child safety or health; granted child placement agencies a right to appeal a decision of the division regarding licensure; and authorized the division and child placement agencies to deny, revoke, suspend or refuse to renew licenses of foster homes, and granted foster homes a right of appeal from such decisions.
The 1999 amendment, effective July 1, 1999, substituted "Section 39-3-1.1" for "Section 12-8A-1" in Subsection B.
The 1998 amendment, effective September 1, 1998, in the section heading inserted "; appeal"; in Subsection A, substituted "rules" for "regulations" in two places; rewrote Subsection B; in Subsection C, substituted "pursuant to" for "under" and made minor stylistic changes.