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 [Chapter 40, Article 7A 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 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.

History: 1953 Comp., § 12-34-23, enacted by Laws 1977, ch. 252, § 15; 1981, ch. 171, § 9; 1987, ch. 31, § 1; 1992, ch. 57, § 17; 2007, ch. 46, § 7.

Repeals and reenactments. — Laws 1977, ch. 252, § 15, repealed former 12-34-23, 1953 Comp., relating to the authority of the former health and social services department to conduct social services, and enacted a new 12-34-23, 1953 Comp. Former 12-34-23, 1953 Comp., was also repealed by Laws 1977, ch. 252, § 47.

Cross references. — For executive cabinet, see 9-1-3 NMSA 1978.

For responsibility of human services department concerning the abuse or neglect of individual children, see 9-8-14 NMSA 1978.

For public assistance generally, see Chapter 27 NMSA 1978.

For human rights generally, see Chapter 28 NMSA 1978.

For delinquent, abused and neglected children, see 32A-2-1 to 32A-2-33 and 32A-4-1 to 32A-4-34 NMSA 1978.

For adoption generally, see 32A-5-1 to 32A-5-45 NMSA 1978.

For the Mandatory Medical Support Act, see 40-4C-1 NMSA 1978 et seq.

The 2007 amendment, effective June 15, 2007, made non-substantive language changes.

The 1992 amendment, effective July 1, 1992, deleted former Subsection A(4), which read: "certify programs in the child care centers that receive funds from or through the human services department"; redesignated former Subsection A(5) as present Subsection A(4); deleted "child care centers" following "boarding homes" in Subsection A(4); substituted "department of health" for "health and environment department" in the first paragraph of Subsection B(2); and made minor stylistic changes throughout the section.

Dismissals from human services department were in accordance with law and supported by substantial evidence, which included the failure to promptly report the alleged sexual abuse of a child to the proper authorities. Perkins v. Department of Human Servs., 1987-NMCA-148, 106 N.M. 651, 748 P.2d 24.

Am. Jur. 2d, A.L.R. and C.J.S. references. — Communications to social worker as privileged, 50 A.L.R.3d 563.

Power of court or other public agency to order medical treatment for child over parental objections not based on religious grounds, 97 A.L.R.3d 421.