A. If the department accepts legal custody of a child, the child shall be placed in the least restrictive setting that most closely approximates a family in which the child’s special needs, if any, may be met. The child shall be placed within reasonable proximity to the child’s home, taking into account any special needs of the child. Preference shall be given to placement with:

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(1)     a relative of the child;

(2)     a licensed foster home or any home authorized by law for the provision of foster care or group care or use as a protective residence;

(3)     a facility operated by a licensed child welfare services agency; or

(4)     a facility provided for in the Children’s Shelter Care Act.

B. The department shall provide the child with shelter in an appropriate facility, pursuant to the provisions of Section 32A-3B-6 N.M. Stat. Ann., that is located as close as possible to the child’s residence. The child shall not be held in a jail or other facility intended or used for the incarceration of adults charged or convicted of criminal offenses or a facility for the detention of children alleged to be or adjudicated as delinquent children.

C. If the child is placed in an evaluation facility or out-of-home treatment or rehabilitation program, the child shall be admitted pursuant to the provisions of Sections 32A-6A-19 through 32A-6A-22 N.M. Stat. Ann..

D. The department shall make reasonable efforts to place siblings in custody by court order or voluntary placement agreement together, unless such joint placement would be contrary to the safety or well-being of any of the siblings in custody, and whether any siblings not jointly placed have been provided reasonable visitation or other ongoing interaction, unless visitation or other ongoing interaction would be contrary to the safety or well-being of any of the siblings.