2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 26 - Fostering Connections › Section 32A-26-3 - Fostering connections program; eligibility.

A. The "fostering connections program" is established in the department. The department shall make the fostering connections program available, on a voluntary basis, to an eligible adult who:
(1) has attained at least eighteen years of age and who is younger than:
(a) as of July 1, 2020, nineteen years of age;
(b) as of July 1, 2021, twenty years of age; and
(c) after July 1, 2022, twenty-one years of age;
(2) meets one of the following criteria:
(a) has attained at least eighteen years of age and: 1) was adjudicated pursuant to the Children's Code or its equivalent under tribal law; 2) was subject to a court order that placement and care be the responsibility of the department or the Indian tribe that entered into an agreement with the department; and 3) was subject to an out-of-home placement order; or
(b) attained at least fourteen years of age when a guardianship assistance agreement or adoption assistance agreement was in effect and whose guardianship assistance agreement or adoption assistance agreement was terminated or the guardian or parents are no longer willing to provide emotional or financial support after the child attained eighteen years of age;
(3) is:
(a) completing secondary education or an educational program leading to an equivalent credential;
(b) enrolled in an institution that provides post-secondary or vocational education;
(c) employed for at least eighty hours per month;
(d) participating in a program or activity designed to promote employment or remove barriers to employment; or
(e) incapable of doing any of the activities described in Subparagraphs (a) through (d) of this paragraph due to a medical or behavioral condition that is supported by regularly updated information in the transition plan; and
(4) enters into a voluntary services and support agreement with the department pursuant to the Fostering Connections Act.
B. The citizenship or immigration status of a young adult shall not be a factor when determining the young adult's eligibility pursuant to this section.
History:
Laws 2019, ch. 149, § 3; 2020, ch. 52, § 5.
ANNOTATIONS
The 2020 amendment,
effective May 20, 2020, revised the criteria for an eligible adult to participate in the fostering connections program; in Subsection A, Subparagraph A(1)(c), deleted "as of" and added "after", deleted former Paragraph A(2) and added a new Paragraph A(2), in Subparagraph A(3)(e), after "behavioral condition", deleted "which incapacity" and added "that", and after "information in the", deleted "case" and added "transition".
Temporary provisions.
— Laws 2019, ch. 149, § 14 provided:
A. By October 1, 2020, the children, youth and families department shall:
(1) submit an amendment to the state plan to seek federal funding for newly eligible adults for whom an adoption subsidy or a guardianship assistance agreement was in effect if the child had attained sixteen years of age before the agreement became effective or for whom a state-funded guardianship assistance agreement was in effect if the youth had attained sixteen years of age before the agreement became effective;
(2) implement the fostering connections program pursuant to the provisions of the Fostering Connections Act and maximize the children, youth and families department's access to federal funds for extended guardianship assistance and extended adoption assistance for the benefit of eligible adults participating in the fostering connections program; and
(3) adopt and promulgate rules as needed to carry out the provisions of the Fostering Connections Act.
B. As used in this section, "eligible adult" means an individual who meets the eligibility criteria for participating in the fostering connections program.
Laws 2019, ch. 149, § 15 provided that the secretary of children, youth and families shall convene a work group composed of experts in children's services and juvenile justice to collect information and make recommendations on including in the fostering connections program youth who have been adjudicated under the Delinquency At. The work group shall examine and report to the secretary of children, youth and families and the legislature by November 1, 2019;
A. the potential number of young adults who could be included in the fostering connections program;
B. the processes by which young adults eligible to participate in the fostering connections program could be identified;
C. procedures for assisting young adults to become eligible for the fostering connections program; and
D. the potential placement and service array that would be required for including young adults who have been adjudicated under the Delinquency Act in the fostering connections program.