2021 New Mexico Statutes
Article 26 - Fostering Connections
Section 32A-26-6 - Termination of voluntary services and support agreement; notice; procedure.

A. An eligible adult may choose to terminate the voluntary services and support agreement and stop receiving services and support under the fostering connections program at any time. If an eligible adult chooses to terminate the voluntary services and support agreement, the department shall provide the eligible adult with a clear and developmentally appropriate written notice informing the eligible adult of:
(1) the potential negative effects of terminating the voluntary services and support agreement early;
(2) the option to reenter the fostering connections program at any time before attaining twenty-one years of age, so long as the eligibility requirements are met;
(3) the procedures for reentering the fostering connections program; and
(4) information about and contact information for community resources that may benefit the eligible adult.
B. As part of the case management processes, the department shall identify as soon as possible any barriers to maintaining eligibility that an eligible adult is encountering and shall make active efforts to assist the eligible adult to overcome identified barriers and maintain eligibility. The department's efforts shall be documented in the transition plan.
C. Academic breaks in post-secondary education attendance, such as semester and seasonal breaks, and other transitions between status that meet eligibility requirements, including education and employment transitions of no longer than thirty days, shall not be a basis for termination.
D. If the department determines that a young adult is no longer eligible for the fostering connections program, the department shall:
(1) no more than fifteen days after the determination and prior to requesting a discharge hearing, provide to the young adult and the young adult's attorney a clear and developmentally appropriate:
(a) written notice informing the young adult of the department's intent to terminate the voluntary services and support agreement; and
(b) explanation of the basis for the termination; and
(2) make active efforts to meet in person with the young adult to explain the information in the written termination notice and to assist the young adult in reestablishing eligibility if the young adult wishes to continue participating in the program.
E. The department shall not terminate services under the fostering connections program without court approval after a discharge hearing.
F. If an eligible adult remains in the fostering connections program until attaining twenty-one years of age, at least sixty days before the eligible adult's twenty-first birthday, the department shall provide the eligible adult with:
(1) a clear and developmentally appropriate written notice informing the eligible adult of the termination of the voluntary services and support agreement at twenty-one years of age;
(2) an updated plan with ongoing goals; and
(3) information about and contact information for community resources that may benefit the young adult, including information regarding state programs established pursuant to federal law that provide transitional foster care assistance to young adults.
History: Laws 2019, ch. 149, § 6; 2020, ch. 52, § 8.
The 2020 amendment, effective May 20, 2020, provided additional duties for the children, youth and families department in assisting eligible adults under the fostering connections program; in the section heading, deleted "appeal"; in Subsection B, after "shall make", deleted "all reasonable" and added "active", after "efforts to", deleted "address those barriers" and added "assist the eligible adult to overcome identified barriers and maintain eligibility", and preceding "plan", deleted "case" and added "transition"; in Subsection D, Paragraph D(1), in the introductory clause, added "no more than fifteen days after the determination and prior to requesting a discharge hearing", and after "young adult", added "and the young adult's attorney", and in Paragraph D(2), after "make", deleted "reasonable" and added "active"; in Subsection E, after "court approval", added "after a discharge hearing"; and in Subsection F, added new paragraph designations "(1)" through "(3)", in Paragraph F(1), after "twenty-one years of age", deleted "the transition plan requirement", and in Paragraph F(2), added "an updated plan with ongoing goals".