A. The pre-placement study shall be performed as prescribed by department regulation and shall include at a minimum the following:
(1) an individual interview with each petitioner;
(2) a joint interview with both petitioners; if a joint interview is not conducted, an explanation shall be provided in the pre-placement study;
(3) a home visit, which shall include an interview with the petitioner's children and any other permanent residents of the petitioner's home;
(4) an interview with the adoptee, if age appropriate;
(5) an individual interview with each of the adoptee's parents; if a parent is not interviewed, an explanation shall be provided in the pre-placement study;
(6) full disclosure to the petitioner;
(7) exploration of the petitioners' philosophy concerning discussion of adoption issues with the adoptee;
(8) the initiation of a criminal records check of each petitioner;
(9) a medical certificate dated not more than one year prior to any adoptive placement assessing the petitioner's health as it relates to the petitioner's ability to care for the adoptee;
(10) a minimum of three letters of reference from individuals named by the petitioner or memoranda of the dates and contents of personal contacts with the references;
(11) a statement of the capacity and readiness of the petitioner for parenthood and the petitioner's emotional and physical health and ability to shelter, feed, clothe and educate the adoptee;
(12) verification of the petitioner's employment, financial resources and marital status;
(13) a report of a medical examination performed on the adoptee within one year prior to the proposed adoptive placement;
(14) a statement of the results of any prior pre-placement study or initiation of a pre-placement study, if any, of the petitioners done by any person; and
(15) the investigator shall attach a copy of proof of certification by the department for the investigator to conduct pre-placement studies, or if the preparer of the pre-placement study is out-of-state, the preparer shall attach a statement setting forth qualifications that are equivalent to those required of an investigator pursuant to the provisions of Section 32A-5-13 NMSA 1978 and department regulations.
B. The pre-placement study shall be completed at the cost of the petitioner.
C. Unless directed by the court, a pre-placement study is not required in cases in which the child is being adopted by a stepparent, a relative or a person named in the child's deceased parent's will pursuant to Section 32A-5-12 NMSA 1978.
D. The pre-placement study shall be filed with the court.
History: 1978 Comp., § 32A-5-14, enacted by Laws 1993, ch. 77, § 141; 1995, ch. 206, § 32.
The 1995 amendment, effective July 1, 1995, deleted former Paragraph (14) of Subsection A relating to a statement documenting the adoptee's family background and redesignated the remaining paragraphs accordingly, substituted "32A-5-13" for "32-5-13" in Paragraph (15) of Subsection A, and added Subsections C and D.
Structure 2021 New Mexico Statutes
Section 32A-5-1 - Short title.
Section 32A-5-3 - Definitions.
Section 32A-5-4 - Application of the federal Indian Child Welfare Act of 1978.
Section 32A-5-5 - Indian child placement preferences.
Section 32A-5-6 - Authority of the department.
Section 32A-5-7 - Clerk of the court; duties.
Section 32A-5-8 - Confidentiality of records.
Section 32A-5-11 - Who may be adopted; who may adopt.
Section 32A-5-12 - Placement for adoption; restrictions; full disclosure.
Section 32A-5-13 - Independent adoptions; request for placement; placement order; certification.
Section 32A-5-14 - Pre-placement study.
Section 32A-5-14.1 - Criminal history records check; background checks.
Section 32A-5-15 - Termination of parental rights.
Section 32A-5-16 - Termination procedures.
Section 32A-5-17 - Persons whose consents or relinquishments are required.
Section 32A-5-18 - Implied consent or relinquishment.
Section 32A-5-19 - Persons whose consents or relinquishments are not required.
Section 32A-5-20 - Putative father registry; notice; penalty.
Section 32A-5-21 - Form of consent or relinquishment.
Section 32A-5-22 - Persons required to receive counseling; content and form of counseling.
Section 32A-5-23 - Persons who may take consents or relinquishments; accounting of disbursements.
Section 32A-5-24 - Relinquishments to the department.
Section 32A-5-25 - Petition; time of filing.
Section 32A-5-26 - Petition; content.
Section 32A-5-27 - Notice of petition; form of service; waiver.
Section 32A-5-28 - Response to petition.
Section 32A-5-29 - Custody pending decree.
Section 32A-5-30 - Removal of adoptee from the county.
Section 32A-5-31 - Post-placement report.
Section 32A-5-32 - Stepparent adoptions.
Section 32A-5-33 - Appointment of guardian ad litem or attorney for the adoptee or other party.
Section 32A-5-34 - Fees and charges; damages.
Section 32A-5-35 - Open adoptions.
Section 32A-5-36 - Adjudication; disposition; decree of adoption.
Section 32A-5-37 - Status of adoptee and petitioner upon entry of decree of adoption.
Section 32A-5-38 - Birth certificates.
Section 32A-5-39 - Recognition of foreign decrees.
Section 32A-5-39.1 - Application of the federal Intercountry Adoption Act.
Section 32A-5-40 - Post-decree of adoption access to records.
Section 32A-5-41 - Appointment of confidential intermediary.
Section 32A-5-42.1 - Unauthorized adoption facilitation; penalties.
Section 32A-5-42.2 - Advertising adoption services; requirements; penalties.
Section 32A-5-43 - Purpose of subsidized adoptions.