2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 26 - Fostering Connections › Section 32A-26-8 - Review hearings.

A. The court shall conduct a review hearing at least once every six months.
B. The primary purpose of the review hearing shall be to ensure that the fostering connections program is providing the eligible adult with the needed services and support to help the eligible adult move toward permanency and a successful transition to adulthood. At the review hearing, the department shall show that it has made active efforts to comply with the voluntary services and support agreement and effectuate the transition plan. A review hearing shall be conducted in a manner that seeks the eligible adult's meaningful participation by considering procedural modifications and flexible times.
C. The department shall prepare and present to the children's court a report addressing progress made in meeting the goals in the transition plan, including an independent living transition proposal, and shall propose modifications as necessary to further those goals.
D. If the court finds the department has not made active efforts to comply with the voluntary support and services agreement and effectuate the transition plan, the court may order additional services and support to achieve the goals of the transition plan and the goals of state and federal law.
E. At every review hearing that occurs after the child attains sixteen years and six months of age, the court shall make a finding that the child has been notified about the fostering connections program and of the benefits of the program.
F. At the review hearing that occurs no later than three months before the child attains eighteen years of age, the court shall make a finding of whether the child has decided to participate in the fostering connections program and whether the child has been provided an opportunity to develop a voluntary services and support agreement.
History:
Laws 2019, ch. 149, § 8; 2020, ch. 52, § 10.
ANNOTATIONS
The 2020 amendment,
effective May 20, 2020, required the court to conduct review hearings every six months, and provided additional duties for the children, youth and families department and the children's court in review hearings; in Subsection A, after "at least once", deleted "per year" and added "every six months"; in Subsection B, after "shall show that it has made", deleted "reasonable" and added "active", after "efforts to", deleted "implement the case" and added "comply with the voluntary services and support agreement and effectuate the transition", and after "meaningful participation", added "by considering procedural modifications and flexible times"; in Subsection C, replaced "case" plan with "transition" plan; in Subsection D, after "department has not made", deleted "reasonable" and added "active", after "efforts to", deleted "implement the case" and added "comply with the voluntary support and services agreement and effectuate the transition", after "goals of the", deleted "case" and added "transition", and after "transition plan and the", deleted "department's policies or state or" and added "goals of state and"; and added Subsections E and F.