2021 New Mexico Statutes
Article 26 - Fostering Connections
Section 32A-26-5 - Fostering connections program; participation; voluntary services and support agreement; periodic reviews.

A. An eligible adult may participate in the fostering connections program for any duration of time by entering into a voluntary services and support agreement immediately upon turning eighteen years of age or any time thereafter.
B. There is no limit to the number of times an eligible adult may opt out of and reenter the fostering connections program.
C. When an eligible adult elects to participate in the fostering connections program, the department and the eligible adult shall execute, and the eligible adult shall be provided with a signed copy of, a voluntary services and support agreement that sets forth, at a minimum, the following:
(1) a requirement that the eligible adult continue to be eligible in accordance with the Fostering Connections Act for the duration of the voluntary services and support agreement;
(2) the services and support that the eligible adult will receive through the fostering connections program;
(3) the voluntary nature of the eligible adult's participation and the eligible adult's right to terminate the voluntary services and support agreement at any time; and
(4) conditions that may result in the termination of the voluntary services and support agreement and the eligible adult's early discharge from the fostering connections program pursuant to Section 32A-26-6 NMSA 1978.
D. As soon as possible and no later than forty-five days after the eligible adult and the department execute the voluntary services and support agreement, the department shall conduct a determination of income eligibility for purposes of compliance with federal foster care and transitional care assistance; provided that within fifteen days after execution of the voluntary services and support agreement, the department shall provide those services and supports set forth in that agreement.
E. The department shall assign an eligible adult a case manager, who shall be trained in primarily providing services for transition-aged eligible adults.
F. The department shall make active efforts to assist eligible adults in achieving permanency and creating permanent connections.
G. The department and at least one person who is not responsible for case management, in collaboration with the eligible adult and additional persons identified by the eligible adult, shall conduct periodic reviews of the transition plan not less than once every one hundred eighty days to evaluate progress made toward meeting the goals set forth in the transition plan. The department shall use a team approach in conducting periodic reviews of the transition plan and shall facilitate the participation of the eligible adult.
H. The department shall hold the periodic review of the transition plan no more than thirty days before and no less than five days before each review hearing.
History: Laws 2019, ch. 149, § 5; 2020, ch. 52, § 7.
The 2020 amendment, effective May 20, 2020, provided that there is no limit to the number of times an eligible adult may opt out of and reenter the fostering connections program, and required the department to hold the periodic review of the transition plan no more than thirty days before and no less than five days before each review hearing; in Subsection A, after "duration of time", deleted "while the eligible adult is between eighteen and twenty-one years of age"; added a new Subsection B and redesignated former Subsections B through F as Subsections C through G, respectively; in Subsection C, Paragraph C(4), changed "Section 6 of the Fostering Connections Act" to "Section 32A-26-6"; in Subsection F, after "shall", deleted "provide reasonable" and added "make active", and after "permanent connections", deleted "after the age of eighteen"; and added Subsection H.

Structure 2021 New Mexico Statutes